Buying Guide · Stage 6: Repairs & property management

Water Leakage From Upstairs & Common Property Defects in Malaysia: Who Pays

With water leakage from upstairs in Malaysia, the Strata Management (Maintenance and Management) Regulations 2015 start from a presumption: unless proven otherwise, the defect is in the unit above. Management must inspect within 7 days of your notice and issue a Form 28 certificate, and whoever is responsible must start repairs within 7 days or management fixes it and recovers the cost. 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.

Unit above presumed liableInspection within 7 daysForm 28 certificate24-month DLP covers common propertyVerified 2026-09-20

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Part ofBuying new property Buying subsale property Stage 6 · Repairs & property management

By Louis Koh · 11 years in Malaysian propertyVerified: 2026-09-208 min read📞 +60 10-906 6685

Short answer

For water leakage from upstairs in Malaysia, the Strata Management (Maintenance and Management) Regulations 2015 presume the defect lies in the parcel above unless proven otherwise, so that owner repairs and pays. Notify management in writing: it must inspect within 7 days and issue a Form 28 certificate, and repairs must start within 7 days of that certificate.

Key numbers at a glance

Governing rule	Strata Management (Maintenance and Management) Regulations 2015
Presumption	Leak presumed to come from the parcel above; rebuttable
Inspection deadline	Management inspects within 7 days of written notice
Certificate	Form 28, stating the cause and who is responsible
Repairs start	Within 7 days; else management repairs and recovers cost
Entry to a unit	Allowed on 7 days' written notice; none in an emergency
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 fee)

Key points in 30 seconds

For leaks between floors, the law presumes the defect lies in the parcel above unless it is proven to come from somewhere else, such as a common pipe.
Once notified, management must inspect within 7 days, determine the cause and the party responsible, and issue a Form 28 certificate.
The responsible party must start repairs within 7 days of the certificate; if not, management may carry out the work and recover the cost.
If you disagree, refer the matter to the Commissioner of Buildings (COB), or claim at the Strata Management Tribunal (up to RM250,000) or in court.
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	Presumed to be the owner above, unless proven otherwise
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

The Strata Management (Maintenance and Management) Regulations 2015 set out a specific procedure for leaks between parcels. For owners, it is one of the most useful parts of the whole strata regime:

Notify management in writingThe 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.
Inspection within 7 daysManagement must inspect within 7 days of the notice to determine the cause and who is responsible. The statutory presumption applies: unless proven otherwise, the defect is presumed to be in the parcel above.
Form 28 certificateAfter inspecting, management issues a Form 28 certificate stating the cause and the responsible party.
Repairs start within 7 daysThe responsible party, whether the owner above, management itself or someone else, must begin repairs within 7 days of the certificate and bear the cost.
Management steps inIf the responsible party refuses or fails to start, management can carry out the repairs and recover the cost from that party.

For inspection or repair work, the parties are entitled to enter a unit after 7 days’ written notice; in an emergency, no notice is needed.

Louis’s tip: the presumption doesn’t mean the owner above always pays. If they can show the water comes from a common pipe or the external wall, responsibility shifts to the JMB or MC. What the rule does give the owner below is relief from having to prove the bathroom above is faulty. Buying a subsale unit? Look for ceiling stains before you commit; see subsale due diligence.

Let 24 months pass and the bill becomes the owners'

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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I'll send you a free template for the written notice to management, with the timeline on it (same-day notice, 7-day inspection, Form 28, repairs within 7 days).

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, which can appoint a professional to assess, at the cost of the party eventually found responsible
The owner above won’t allow entry	Management may enter after written notice; refusal may be an offence, so ask a lawyer about the consequences
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 Strata Management Tribunal, now part of TPPS, hears these disputes: a residential Form 1 costs RM100, lawyers are generally not allowed, and the award is due within 60 days of the first hearing day where practicable. 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 leak comes from above, owners upstairs often feel judged before anyone has looked. The presumption can be rebutted. 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). The COB can appoint a professional to assess, at the cost of the party eventually found responsible.
If it is your unit, fix it quicklyRepairs must start within 7 days of the certificate. Delay lets management do the work and bill 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.

Louis’s tip: you will keep meeting your neighbour in the lift, so talk if you can. I usually suggest both sides let management issue the Form 28 first. A neutral written finding makes the compensation conversation much easier and keeps things civil.

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.

Louis’s tip: in the first year after handover there is often no JMB yet, and the developer is both the manager and the party that must fix the defects. I tell buyers to log common property problems in the owners’ group (date, photo, location) and hand the log to the committee once the JMB is formed. After 24 months, getting the developer to act is much harder.

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.
Keep every receipt: temporary patching, cleaning, damaged items.
Nothing after 7 days? Chase in writing and copy the COB.
Want compensation? Prepare your evidence for the Strata Management Tribunal (RM100 filing fee for residential).
If a renovation upstairs caused it, point the owner to the building’s renovation rules; see strata by-laws.

Frequently asked questions

Who is responsible for water leaking from the unit above in Malaysia?

Under the Strata Management (Maintenance and Management) Regulations 2015, a leak between floors is presumed to originate in the parcel above unless proven otherwise, so the owner above repairs and pays. If the water is shown to come from common property such as 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 notice, determine the cause and the responsible party, and issue a Form 28 certificate. The responsible party must start repairs within 7 days of the certificate; otherwise management can do the work and recover the cost from them.

What if my upstairs neighbour refuses entry to inspect the leak?

For inspection or repair, the parties can enter a unit after giving 7 days’ written notice, and no notice is needed in an emergency. If the neighbour still refuses, ask management to follow up in writing and refer it to the Commissioner of Buildings, and consider the tribunal or court.

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 its finding, refer the matter to the Commissioner of Buildings at your local council. For compensation, file at the Strata Management Tribunal: claims up to RM250,000, RM100 filing fee for residential, and usually no lawyers.

Sources & verification

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.

Stage 6

More in this stage

Strata Management Act 2013 Explained: JMB, MC, COB and Your RightsStrata Management Act 2013 in plain English: JMB within 12 months of VP, MC after 25% of share units transfer, COB powers, tribunal claims up to RM250,000.Maintenance Fees & Sinking Fund in Malaysia: How They're Calculated and What Happens If UnpaidMaintenance fee and sinking fund in Malaysia: charges follow share units, sinking fund is at least 10%, and arrears carry 10% interest and fines to RM5,000.Strata By-Laws in Malaysia: Pets, Renovation, Short-Term Rentals & FinesStrata by-laws in Malaysia: standard by-laws don't ban pets outright, additional by-laws need a 3/4 vote, fines cap at RM200 and Airbnb bans vary by building.

← PreviousStrata By-Laws in Malaysia: Pets, Renovation, Short-Term Rentals & Fines Buying Guide →Buying Guide

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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