Water Leakage From Upstairs & Common Property Defects in Malaysia: Who Pays
With water leakage from upstairs in Malaysia, start with what the law actually presumes. Section 142 of the Strata Management Act 2013 presumes where the defect is — in the parcel above the affected parcel, in the common property, or in the limited common property — and that presumption can be rebutted with evidence. It does not decide that the owner above is liable: liability follows the Form 28 certificate. The procedure is in regulations 55 to 67 of the Strata Management (Maintenance and Management) Regulations 2015: management must inspect within 7 days of your written notice, issue Form 28 within 5 days of the inspection, and the responsible party must start repairs within 7 days or management does the work and recovers every cost from them. Common property defects are the developer’s job for 24 months after vacant possession, then the JMB’s or MC’s, which can pursue the developer. Here is the full process and where to complain.
Short answer
For water leakage from upstairs in Malaysia, section 142 of the Strata Management Act 2013 presumes the defect lies in the parcel above the affected parcel, the common property or the limited common property. That is a rebuttable presumption about where the defect is, not a finding that the owner above pays. Notify management in writing: it must inspect within 7 days and issue a Form 28 certificate within 5 days of the inspection, liability follows that certificate, and repairs must start within 7 days.
Key numbers at a glance
| Governing rules | Section 142, Strata Management Act 2013 (presumption) + regulations 55-67 of the 2015 Regulations (procedure) |
|---|---|
| Presumption | Defect presumed in the parcel above, the common property or the limited common property; rebuttable |
| Inspection deadline | Management inspects within 7 days of written notice (reg 57) |
| Certificate | Form 28 (reg 59, Second Schedule), within 5 days of the inspection; liability follows it |
| Repairs start | Within 7 days of Form 28; else management repairs and recovers all costs |
| Entry to a parcel | 7 days' written notice; none in an emergency; refusing access carries a fine up to RM50,000 or up to 3 years' jail |
| If you disagree | Refer to the COB under reg 64; it may appoint a registered professional at the responsible party's cost |
| Common property DLP | 24 months from VP; developer repairs within 30 days of notice |
| Where to claim | Strata Management Tribunal, up to RM250,000 (RM100 residential, RM200 commercial, no filing deadline) |
Key points in 30 seconds
- Section 142 of the Strata Management Act 2013 presumes the defect lies in the parcel above the affected parcel, the common property or the limited common property — a rebuttable presumption about where the defect is, not a finding that the owner above is liable.
- Once you give written notice, management must inspect within 7 days (reg 57) and issue a Form 28 certificate within 5 days of the inspection, naming the cause and the responsible party (reg 59, Second Schedule).
- The responsible party must start repairs within 7 days of Form 28 (regs 61 and 62); if it does not, management carries out the work and recovers all costs and expenses from it.
- Disagree with the Form 28 finding? Refer it to the Commissioner of Buildings under regulation 64. For compensation, the Strata Management Tribunal hears claims up to RM250,000: RM100 residential, RM200 commercial, and no filing deadline.
- The Schedule H SPA’s defect clause covers the parcel, the building and the common property: defects appearing within 24 months of vacant possession must be fixed within 30 days of written notice.
- After the defect liability period, the MC, as owner of the common property, can sue the developer in negligence.
Water leakage from upstairs: who is responsible?
In a strata building, the first question with any leak is where the water comes from. The answer decides who pays:
| Situation | Example | Who repairs |
|---|---|---|
| Leak between units (inter-floor leakage) | Failed waterproofing in the bathroom above stains your ceiling | Whoever Form 28 names; the defect is presumed to be above, in the common property or in the limited common property |
| Leak from common property | Roof, external wall, common water or drain pipe leaking into your unit | The JMB or MC (the developer, within 24 months of VP) |
| A problem inside your own unit | Your own pipes, aircon drain, window seals | You; for a new home, the developer during the DLP |
Common property (harta bersama) is any part of the development not within a parcel and used by two or more parcels: corridors, lifts, the roof, external walls, shared pipes. The Strata Management Act 2013 makes the JMB or MC responsible for properly maintaining and managing it.
How to report water leakage from upstairs: the legal process
Regulations 55 to 67 of the Strata Management (Maintenance and Management) Regulations 2015 set out the procedure for leaks between parcels (kebocoran antara tingkat), and regulations 65 to 67 apply the same machinery to damage to a party wall (dinding dua pihak). For owners, it is one of the most useful parts of the whole strata regime:
- Notify management in writing (reg 56)The affected owner notifies management: the developer (during its management period), the JMB, the MC, a subsidiary MC or the managing agent. Do it in writing, by email or letter, with dated photos. The regulations define inter-floor leakage as any indication of wetness, dampness or water penetration on a ceiling, so a stain is enough — you do not have to wait for dripping water.
- Inspection within 7 days (reg 57)Management must inspect as soon as practicable and in any case within 7 days of the notice, to determine the cause and who is responsible. Regulation 58 tells the inspector what to weigh: the section 142 presumption that the defect is in the parcel above the affected parcel, the common property or the limited common property; whether a water meter, water, drainage or sewerage pipe, gas meter, gas pipe or duct serves more than one parcel (a common property defect); whether the same thing serves only one parcel (that parcel’s defect); and whether the defect falls inside the defect liability period (the developer’s responsibility). The inspection has to cover the affected parcel itself, not just one side of the ceiling.
- Form 28 within 5 days (reg 59)Within 5 days of completing the inspection, management must issue a Form 28 certificate — the form sits in the Second Schedule to the Regulations and serves both inter-floor leakage and party wall damage — stating the cause of the leak and the party responsible to rectify it. Liability follows this certificate, not the presumption. Ask for a copy for your file.
- Repairs start within 7 days (regs 61, 62)The responsible party — the owner above, management itself, or the developer during the defect liability period — must begin repairs within 7 days of the certificate and bear the cost.
- If not, management repairs and bills (reg 61)If the responsible party refuses or fails to start, management (or its appointed agent) can carry out the repairs itself and then charge and recover all costs and expenses from that party. The owner below does not have to fund a repair upstairs.
- Refer it to the COB (reg 64)Any party dissatisfied with the Form 28 finding may refer the matter to the Commissioner of Buildings (COB), which may determine the cause of the leak and the party responsible to repair it. The COB may appoint a registered architect, registered engineer, registered surveyor, registered quantity surveyor or registered building valuer to investigate, at the cost of the party responsible for the repair, and all parties must comply with the COB’s decision.
For inspection or repair work, the parties may enter a parcel after 7 days’ written notice (reg 63); in an emergency no notice is needed and entry may be forced. Refusing access is an offence: a fine of up to RM50,000, or up to 3 years’ imprisonment, or both.
Cover for common property defects runs 24 months from vacant possession: within it, the developer must repair at its own cost within 30 days of written notice. After that a leaking roof or cracked facade comes out of the sinking fund, or the MC must resolve to sue the developer in negligence, within 3 years of discovery. See defect inspection and the DLP.
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Send me photos of the ceiling, the notice you sent management and the Form 28, and I'll tell you whether to chase management, go to the COB or start preparing a tribunal claim.
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What if management won't act or the neighbour won't cooperate?
| Problem | What you can do |
|---|---|
| Management hasn’t inspected within 7 days | Chase in writing and copy the Commissioner of Buildings (COB) at your local council, e.g. MBJB in Johor Bahru or MBIP in Iskandar Puteri |
| You disagree with the Form 28 finding | Refer it to the COB under regulation 64. The COB can determine the cause and the responsible party itself, and may appoint a registered architect, engineer, surveyor, quantity surveyor or building valuer to investigate at the responsible party’s cost; all parties must comply with its decision |
| The owner above won’t allow entry | Management may enter after 7 days’ written notice (reg 63); refusing access is an offence carrying a fine of up to RM50,000 or up to 3 years’ jail, or both — that route runs through the COB and the criminal courts, not the tribunal |
| Repairs stall and the damage grows | Claim repair costs and losses at the Strata Management Tribunal (up to RM250,000) or sue in court |
| The wet surface is a shared wall, not a ceiling | Same procedure: regulations 65 to 67 apply regulations 55 to 64 to dampness, water penetration or other damage to a party wall |
The Strata Management Tribunal, now part of TPPS, hears these disputes: claims up to RM250,000, a filing fee of RM100 for residential and RM200 for commercial or industrial (no personal cheques), and no filing deadline. Lawyers are generally not allowed, and the award is due within 60 days of the first hearing day where practicable. Don’t confuse that ceiling with the homebuyer tribunal (TTPR), which is capped at RM50,000 and deals with purchasers’ claims against developers. The tribunal also cannot prosecute — criminal matters sit with the COB and the courts. Its southern office is at Menara Ansar, Johor Bahru. How the tribunal and the COB divide the work is covered in the Strata Management Act guide.
Blamed for a leak? What the owner upstairs should do
Because the law presumes the defect is above, owners upstairs often feel judged before anyone has looked. Two things are worth holding on to: the presumption is only about where the defect is, and it can be rebutted with evidence. What decides who pays is the Form 28 certificate. If you are the owner above and management contacts you:
- Cooperate, but be presentLet management inspect at an agreed time, attend yourself or send someone, and take your own photos of the inspection.
- Ask what the Form 28 finding is based onAsk how management reached its view, for example which tests it ran (ponding test, dye test, moisture readings).
- Get a professional if you doubt itIf you believe the water comes from a common pipe, the external wall or the roof, commission your own professional check and put it to management or the Commissioner of Buildings (COB) under regulation 64. The COB can appoint a registered architect, engineer, surveyor, quantity surveyor or building valuer to investigate, at the cost of the party eventually found responsible, and all parties must comply with its decision.
- If it is your unit, fix it quicklyRepairs must start within 7 days of the certificate. Delay lets management do the work and recover every cost from you, and the damage below keeps growing.
Common sources of leaks from above: ageing bathroom waterproofing or waterproofing damaged during renovation, loose floor traps or drain joints, blocked aircon drain pipes and leaking pipes under the kitchen sink. Many trace back to renovation work, so redo the waterproofing and run a ponding test whenever a bathroom is renovated; see renovation permits and management rules.
Common property defects in a new building: 24 months on the developer
Many owners think the defect liability period (DLP) only covers their own unit. The statutory Schedule H strata SPA (clause 30) says otherwise: it covers the parcel, the building and the common property. Any defect, shrinkage or other fault that appears within 24 months of vacant possession and is due to defective workmanship or materials, or to construction not following the approved plans, must be repaired by the developer at its own cost within 30 days of receiving the purchaser’s written notice. If the developer fails, the purchaser may carry out the repairs and recover the cost from it.
- Defects inside your unit: report them to the developer yourself. See defect inspection and the DLP.
- Common property defects (roof leaks, wall cracks, lifts, shared pipes): individual purchasers can notify the developer under the SPA, though in practice a consolidated list pursued by the JMB tends to work better.
- If the developer won’t repair: purchasers can go to the Tribunal for Homebuyer Claims (TTPR), up to RM50,000, within 12 months of the CCC, the end of the DLP or termination of the contract. See the homebuyer claims tribunal.
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After the DLP: can the MC sue the developer for defects?
Yes. Once strata titles are issued, the MC becomes the proprietor of the common property and can sue as owner. In Dua Residency Management Corporation v Edisi Utama Sdn Bhd, as summarised by PropertyGuru, the MC sued the developer for breach of contract, breach of statutory duty under building by-laws and negligence; only negligence succeeded, on the basis that the developer owed the MC a duty of care, because there was no contract between them.
On time limits, section 6A of the Limitation Act 1953 deals with latent defects: a claim may be brought within 3 years of discovering the defect, but not more than 15 years after the damage occurred. Legal costs usually come out of the maintenance account, with a general meeting deciding.
- Get a professional reportAn architect or engineer confirms the defect stems from design or construction, not lack of maintenance.
- Hold a general meetingPass a resolution to sue and a budget for legal costs.
- Send a letter of demand and negotiateMany cases settle at this stage.
- SueLarge common property claims usually go to court; watch the 3-year and 15-year limits.
Does insurance cover leak damage?
The JMB or MC must insure the whole building, and the premium is part of your maintenance fee, but that policy is mainly about the structure and common property. Damage to your renovation, furniture and appliances usually falls to your own householder policy or a claim against the party responsible. See home insurance in Malaysia for the differences.
In short, whoever owns the source of the leak, a unit or part of the common property, pays for the fix, and management can recover the cost of work it carries out. How common property works are funded from the maintenance account and sinking fund is covered in maintenance fees and sinking fund.
What to do when your ceiling starts leaking: a checklist
- Photograph and video the leak, noting dates and locations; put a container under it to show the rate.
- Switch off power to the affected area to protect appliances and avoid shocks.
- Notify the management office in writing the same day and ask for an inspection within 7 days.
- Tell the owner above politely, but don’t settle on a verbal promise.
- Get a copy of the Form 28 certificate — management has 5 days from the inspection to issue it.
- Keep every receipt: temporary patching, cleaning, damaged items.
- Nothing after 7 days, or you disagree with the Form 28 finding? Chase in writing and refer it to the COB under regulation 64.
- Want compensation? Prepare your evidence for the Strata Management Tribunal (up to RM250,000; RM100 residential, RM200 commercial, no filing deadline).
- If a renovation upstairs caused it, point the owner to the building’s renovation rules; see strata by-laws.
Related questions
Who pays for my damaged ceiling, furniture and renovation, not just the leak?
The party named in the Form 28 certificate pays to fix the source of the leak, but your own contents are a separate question. The building policy the JMB or MC takes out covers the structure and common property, so damage to your renovation, furniture and appliances usually falls to your householder policy or a claim against the responsible party. Keep photos and every receipt, and claim at the Strata Management Tribunal, up to RM250,000. See home insurance in Malaysia.
Can I withhold maintenance fees until management fixes the leak?
No. Charges and the sinking fund are a statutory obligation and are dealt with separately from a leak dispute. Unpaid 14 days after written notice, they attract interest of up to 10% a year, your access card may be deactivated and you lose your vote at general meetings; ignoring the statutory demand is an offence carrying a fine up to RM5,000. Run the Form 28 process instead. See maintenance fees and sinking fund.
How do I spot a leak problem in a condo before buying subsale?
At the viewing, look at ceiling corners, the wall outside the bathroom and window reveals for stains, bubbling paint or a patch of fresh paint, and pay extra attention to top-floor units and units directly under a bathroom. Ask the management office whether that stack has had leakage complaints, and ask neighbours on the floor. Then check the finances: a thin sinking fund means roof or facade work will come as a special levy. See subsale due diligence.
The unit is rented out — does the tenant or the landlord deal with the leak?
The regulations work off the parcel owners: the party Form 28 names is the one that must repair, and the owner of the affected parcel is the one who gives notice and claims. A tenant who finds a leak should photograph it and notify the landlord and management in writing the same day, and should not agree to any private settlement. Who bears the cost between them depends on the tenancy: structure and waterproofing are usually the landlord’s, the tenant’s own contents are the tenant’s. See renting out property.
Frequently asked questions
Who is responsible for water leaking from the unit above in Malaysia?
Section 142 of the Strata Management Act 2013 presumes the defect lies in the parcel above the affected parcel, the common property or the limited common property. That is a rebuttable presumption about where the defect is — it is not a finding that the owner above must pay. Who repairs and who pays follows the Form 28 certificate management issues under regulation 59. If the certificate finds the water comes from a shared pipe, the roof or an external wall, the JMB or MC is responsible.
How long does condo management have to inspect a leak?
Management must inspect within 7 days of receiving written notice (reg 57) and issue a Form 28 certificate within 5 days of completing the inspection, stating the cause and the responsible party (reg 59). The responsible party must start repairs within 7 days of the certificate (regs 61 and 62); if it does not, management can do the work and recover all costs and expenses from it.
What if my upstairs neighbour refuses entry to inspect the leak?
For inspection or repair, the parties can enter a parcel after giving 7 days’ written notice, and no notice is needed in an emergency (reg 63). Refusing access is an offence carrying a fine of up to RM50,000 or up to 3 years’ imprisonment, or both — enforced through the COB and the criminal courts rather than the tribunal. If what you want is compensation, that goes to the Strata Management Tribunal.
Is the developer responsible for common property defects?
Yes, during the defect liability period. The Schedule H SPA covers the parcel, the building and the common property: defects appearing within 24 months of vacant possession must be repaired within 30 days of written notice. If not, purchasers can repair and recover the cost or claim at the homebuyer tribunal (up to RM50,000).
Can a management corporation sue the developer after the DLP ends?
Yes. The MC owns the common property and can sue the developer in negligence. For latent defects, section 6A of the Limitation Act 1953 allows a claim within 3 years of discovery, subject to a 15-year cut-off from when the damage occurred. A general meeting must approve the action and its costs.
Where do I complain about a leakage dispute in Malaysia?
Start with written notice to management. If it doesn’t act, or you dispute the Form 28 finding, refer the matter to the Commissioner of Buildings under regulation 64: the COB can determine the cause and the responsible party, appoint a registered professional at that party’s cost, and its decision binds everyone. For compensation, file at the Strata Management Tribunal: claims up to RM250,000, RM100 filing fee for residential and RM200 for commercial, no filing deadline, and usually no lawyers.
Does the same process apply to a leaking shared wall?
Yes. Regulations 65 to 67 apply the whole inter-floor leakage machinery (regulations 55 to 64) to party walls. A party wall is a wall between two parcels, or between a parcel and common property or limited common property, and any dampness, water penetration or other damage to it follows the same steps: written notice to management, inspection within 7 days, Form 28 within 5 days, repairs within 7 days, and a referral to the COB if you disagree.
Sources & verification
- Donovan and Ho — Dealing with inter-floor leakage
- Strata Management Act 2013 (Act 757), full text
- Schedule H SPA (REHDA copy), clause 30 on defects
- PropertyGuru — Can your condo management sue the developer for defects?
- Mah Weng Kwai and Associates — Strata Management Tribunal
- iProperty — Strata Management Tribunal: how to make a claim
- KPKT — Tribunal Perumahan dan Pengurusan Strata (TPPS)
- KPKT — Tribunal Tuntutan Pembeli Rumah (TTPR)
- Strata Management (Maintenance and Management) Regulations 2015 — P.U.(A) 107, gazette text published by DBKL
- Form 28 — Certificate of Inspection of Inter-Floor Leakage / Party Wall Damage (COB copy)
- KPKT — Strata Management Tribunal FAQ (RM250,000 ceiling; RM100 / RM200 filing fee)
Verified: 2026-09-20. This guide is general information, not legal, tax or financial advice. Rules and rates change — confirm in writing with your lawyer, bank or the relevant authority before you sign.
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Louis Koh
11 years in Malaysian property · Johor Bahru & Kuala Lumpur · English & 中文
I help local buyers and cross-border buyers from Singapore with new and subsale property. Every figure in these guides is sourced; when a rule changes, I update the page and date it.
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Louis Koh · 11 years in Malaysian property · +60 10-906 6685 · replies 9am–10pm MYT