Inter-floor water leakage is a common concern in strata-titled buildings, particularly in Malaysia. It often leads to disputes and inconveniences for homeowners. Fortunately, the Strata Management Maintenance and Management Regulations 2015 (SMR 2015) has provided a framework for addressing this issue.
Understanding Inter-Floor Leakage:
Inter-floor leakage refers to any evidence of moisture or water penetration in ceilings or interior furnishings of a property. This issue affects not only the affected homeowners but also the building management and neighbors living above.
Responsibility for Repairs: Who takes the blame?
Determining responsibility for repairs is essential. For primary property owners, defects within the Defect Liability Period (DLP) are the responsibility of the developer. However, for older or subsale properties, the owner of the upper floor is generally liable for the repairs, unless evidence suggests otherwise.
Key Responsibilities:
Defects in any units within the DLP Developer is responsible
Leakage from the unit above after DLP: Property owner of the unit above is responsible
Defects in common property within DLP: Property developer is responsible
Defects in common property after DLP: Building management is responsible
Steps to Take:
If you notice signs of leakage in your strata unit, report it to the building management, which could be the developer, Joint Management Body (JMB), Management Corporation (MC), or Sub-MC. The building management should conduct an inspection within seven days to identify the cause and responsible party.
Key Considerations during Inspection:
Legal presumption of water traveling from top to bottom due to gravity.
Defects within DLP are the responsibility of the property developer.
Defects in utilities serving multiple units are considered common property and should be repaired by the management.
If the inspection reveals that the leaking utility does not belong to the complainant, a 7-day written notice is served to the upstairs neighbor for a joint inspection.
What Happens Next?
After the inspection, a Certificate of Inspection (Form 28) is issued within seven days to the complainant and relevant owner, stating the cause of leakage and the liable party. If the relevant parcel owner fails to initiate repairs within seven days, the management takes action and charges the owner for the expenses.
Dispute Resolution
In case of disputes, the matter can be referred to the Commissioner of Buildings (COB) for resolution. The COB may appoint professionals to assist. The costs are borne by the party responsible for the repairs.
How to Prevent Inter-Floor Leakage?
Prevention is key, starting from the design and construction stages. Here are tips for building managers to minimize inter-floor leakages:
Manage water pressure to control leaks from domestic water pipes.
Address water hammering issues.
Use materials resistant to corrosion.
Ensure proper ventilation in areas with chlorine gases.
Regularly check water pressure and plan for refurbishment when needed.
Why Does It Matter Anyway?
Inter-floor leakage can lead to health issues and structural damage. Dampness can cause mold growth, which is detrimental to health. Additionally, water can lead to the deterioration of building materials and even structural damage over time.
In conclusion, inter-floor leakage is a concern that affects homeowners and should be addressed by both individual unit owners and building management. Preventive maintenance and scheduled inspections are crucial to avoid potential damages and biological contamination. Disclaimer:
The information provided in this article is for general informational purposes only and should not be considered professional advice. At IQI ACE Group, we take pride in offering expert real estate consulting services, including property ownership and maintenance guidance. However, laws and regulations may vary, and it's essential to consult with our team of dedicated professionals for personalized advice tailored to your unique situation. While we strive to ensure the accuracy and timeliness of the information, we do not guarantee its completeness or suitability for your individual circumstances. Any actions or decisions made based on the content of this article are taken at your own risk. We recommend seeking guidance from our experienced team and conducting proper research when dealing with property-related matters. Your satisfaction and success in real estate are our top priorities.
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