Overview
Inter-floor leakage is a significant issue in strata developments. This problem is a notable concern when considering the purchase of a strata parcel over a landed property. It affects not just individual owners but often takes a substantial amount of time to resolve.
Regulations 55 to 64 of the Strata Management (Maintenance and Management) Regulations 2015, commonly known as SMR, provide a framework to handle this issue. These regulations define the obligations, procedures, and timelines parties must follow when making an inter-floor leakage claim.
Defining Inter-Floor Leakage
In simple terms, inter-floor leakage occurs when there is evidence of water, moisture, or dampness on the ceiling or any furnishing material attached to it, such as plaster or gypsum board. This affects not only the interior of a specific parcel but also common or limited common properties, if applicable.
Actions to Take
When an inter-floor leakage happens, the parcel owner should promptly notify the relevant management body. This body could be the developer, joint management body, management corporation, or subsidiary management corporation, depending on the situation.
Management’s Responsibilities
Upon receiving the notice, the management is responsible for inspecting the affected and neighboring parcels and common property within 7 days. The goal is to identify the cause of the leakage and the responsible party.
- Defect Presumption: The inspection team presumes that the defect originates from the parcel above the affected area or common property.
- Shared Utilities: They also consider defects in utilities that serve more than one parcel, such as water or gas pipes, as defects of common property.
- Individual Utilities: Meanwhile, defects in utilities serving only one parcel, even if these are located in common property areas, belong to the specific parcel.
Determining Responsibility
Table: Determining Responsibility
| Source | Within the Defect Liability Period | After the Defect Liability Period |
|---|---|---|
| Common Property | Management | Management |
| Individual Parcel | Owner | Owner |
The source of leakage and whether the issue occurs within or after the defect liability period will determine who is responsible for resolving it.
Post-Inspection Steps
After completing the inspection, the management must provide a certificate of inspection within 5 days. This certificate will state both the cause of the inter-floor leakage and the party responsible for rectifying it.
Disagreeing with the Findings
If a parcel owner disagrees with the inspection findings, they can refer the case to the Commissioner of Buildings (COB). The decision of the COB regarding the cause and responsible party must be followed by all parties involved.
Access for Inspection and Repair
Parcel owners must grant access for inspection or repair. Refusing access after a 7-day notice is a criminal offence. Emergencies waive the 7-day notice requirement.
No Action Taken?
If no action is taken after serving notice, the affected parcel owner is entitled to initiate legal proceedings or refer the matter directly to the Strata Management Tribunal. These tribunals provide a platform for resolving issues related to strata management.
Important Points:
- Notification: Timely notification to the relevant management body is crucial.
- Inspection: Must be conducted within 7 days.
- Certificate: Issued within 5 days post-inspection.
- COB Referral: Available if there is disagreement on findings.
- Access: Mandatory for inspection and repair.
- Legal Action: Possible if no remedial action is taken.
Conclusion
SMR aims to handle inter-floor leakage claims efficiently by setting out these procedures. Parcel owners should use the remedies provided within SMR before considering court or tribunal actions to avoid complications.
Note: This article is for informational purposes and should not be considered legal or professional advice.