GUIDE / CONDO LEAKS
Leak from the unit above?
Who fixes it, and how fast.
A brown ring on the bathroom ceiling is one of the most common problems between condo neighbours in Penang. Malaysia's strata law has a specific procedure for it, with deadlines, and if your building is new the developer may be the one who repairs it.
SHORT ANSWER
Presumed from above, inspected in 7 days.
Under the Strata Management Act 2013 and the Strata Management (Maintenance and Management) Regulations 2015, a leak through your ceiling is presumed to come from the unit above unless proven otherwise. Give written notice to the building's management (the JMB or MC, or the developer before a JMB exists). Management must inspect as soon as practicable and within 7 days of the notice, then issue a certificate of inspection (Form 28) within 5 days stating the cause and who must repair it. In a new building still inside its 24-month defect liability period, a leak caused by failed waterproofing or plumbing is usually a developer defect.
- Protect and photograph the ceiling the day you see it.
- Notify management in writing, and the developer if the building is new.
- Note the pattern: after the upstairs shower, after rain, or all the time.
- Keep every date: notice, inspection, certificate, repair.
01 / THE FIRST DAYS
Protect. Photograph.
Notify.
- Protect. Move belongings, put a container under drips and switch off lights or fans on a wet ceiling. Keep clear of a sagging ceiling board: saturated plasterboard can drop.
- Photograph. A wide shot showing the room, close-ups of the stain, and the date. Repeat every few days; how the stain grows helps find the source.
- Note the pattern. Worse after the upstairs bathroom is used points to floor waterproofing or a drain joint above. Constant dripping points to a pressurised water pipe. Only after rain points to the facade, a window or the roof, which is often common property.
- Notify in writing and talk to your upstairs neighbour. Most leaks are solved fastest with cooperation, but the written notice starts the legal clock.
02 / THE PROCEDURE
Notice, inspection,
Form 28.
| Step | Who | Deadline |
|---|---|---|
| 1 · Written notice of the leak | Affected owner to the JMB / MC (or developer before a JMB exists) | As soon as you notice it |
| 2 · Inspection to find the cause | Management | As soon as practicable, within 7 days of the notice |
| 3 · Certificate of inspection (Form 28) | Management, naming the cause and responsible party | Within 5 days of the inspection |
| 4 · Repair | The party named in the certificate | Act within 7 days of receiving it |
| 5 · No action taken | Management repairs and recovers the cost from that party | After the 7 days |
| 6 · Disagree with the certificate | Refer to the Commissioner of Buildings (COB) | After the certificate |
- Access: an owner must allow access for inspection or repair after 7 days' written notice (sooner in an emergency). Refusing access is an offence carrying a fine of up to RM50,000, up to three years' imprisonment, or both.
- Disputes: the COB can appoint a registered architect, engineer, quantity surveyor or building surveyor to determine the cause. Claims can also go to the Strata Management Tribunal or the courts.
03 / WHO PAYS
It depends where
the water comes from.
- From the unit above (its bathroom floor waterproofing, a pipe or trap serving only that unit): the upstairs owner, who is presumed responsible unless they prove otherwise.
- From common property (a shared riser pipe, the roof, the external wall, a pipe serving several units): the management body, from the building's funds.
- From your own unit (for example a dripping air-conditioner pipe, or plumbing inside your own walls): you.
- In a new building inside its defect liability period: waterproofing and plumbing installed by the developer are developer defects. Both owners should report in writing to the developer, and the upstairs owner gives access for the repair.
Making good your ceiling and paint is part of the repair. Damage to furniture and belongings is a separate claim against the responsible party; check your home contents insurance as well.
04 / FINDING THE SOURCE
Water travels.
Tests narrow it down.
- Match the stain to the layout above: is it under the shower, the floor trap, the WC or a balcony door?
- Ponding test on the upper bathroom or balcony floor: block the drain, hold water, and watch your ceiling. It isolates the floor waterproofing.
- Run tests: shower only, then WC only, then basin only, to isolate drains and seals.
- Pressure test on the water supply pipes, by a plumber, for constant leaks.
- Moisture meters and thermal imaging show how far the damp extends, but on their own they do not prove the source.
05 / NEW CONDO
Find it at handover,
not at month 25.
Many leaks in new Penang condos come from bathroom and balcony floor waterproofing, floor-trap joints and pipe sleeves. A ponding test in the first months after vacant possession, with the upstairs unit's cooperation, tests the waterproofing while it is still the developer's to fix. A water mark on the ceiling at handover is a defect to put on your list straight away.
QUESTIONS
Quick
answers.
Something else on your mind?
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Who is responsible for a ceiling leak from the unit above in Malaysia?
Under the Strata Management Act 2013, a leak is presumed to come from the unit above unless that owner proves otherwise. The building's management inspects and issues a certificate naming the cause and the responsible party: the upstairs owner if the source is within their unit, the management body if it is common property, or the developer if the building is still within its defect liability period and the cause is a construction defect.
How fast must management inspect an inter-floor leak?
Under the Strata Management (Maintenance and Management) Regulations 2015, management must inspect as soon as practicable and within 7 days of receiving the written notice, and issue the certificate of inspection (Form 28) within 5 days of the inspection. The responsible party must then act within 7 days.
What if my upstairs neighbour refuses to let anyone in?
After 7 days' written notice, refusing access for inspection or repair of an inter-floor leak is an offence under the strata regulations, with a fine of up to RM50,000, up to three years' imprisonment, or both. Ask management to issue the notice.
What is Form 28?
Form 28 is the certificate of inspection under the Strata Management (Maintenance and Management) Regulations 2015. Management issues it after inspecting an inter-floor leak, stating the cause and the party responsible for the repair. If you disagree with it, you can refer the matter to the Commissioner of Buildings.
Can a defect inspection find the source of a leak?
Our inspection records the visible damage and where it is, and a ponding test can show whether a bathroom or balcony floor above is leaking. Hidden pipe failures may need a plumber or waterproofing specialist with pressure tests.
SOURCES & LIMITS
Where this
comes from.
Strata Management Act 2013 (Act 757) and the Strata Management (Maintenance and Management) Regulations 2015, part on inter-floor leakage; administered under the Ministry of Local Government Development (KPKT). Deadlines summarised here; check the current regulations or ask your management office. This guide is general information for Malaysian homebuyers, not legal advice. Your own sale and purchase agreement (SPA) sets the exact periods and procedure; for a dispute, speak to a lawyer or the tribunal.
Water marks on your ceiling?
Ask us about a ponding test and a photographic record of the damage while your building's defect period is open.
Discuss a leak