Problem in terrace drainage neighbour asking me to repair

503 votes

Common causes of water seepage :
Leakage in the drainage pipes of the upper, adjacent or your own flat.
Leakage in the water supply pipes of the upper, adjacent or your own flat.
Deteriorated waterproofing of floor slabs or bath-tub seals.
Seepage of waste water or rain water through roof / external wall.

How do we find out the causes of water seepage in residential flats?
In most cases, water seepage is caused by leakage from defective water pipes, sanitary fitments or drainage pipes. Usually, these defects can be rectified by simple repair works. Owners should directly engage a building technician or licensed plumber to identify the cause of seepage for prompt repairs.

How should disputes over water seepage be settled?
Owners have the responsibility for maintaining and managing their building, which include resolving any seepage problem. You should quickly approach your neighbour for investigation and repair work to resolve the problem if the seepage is suspected to originate from the flat on the upper floor or next door. Besides, assistance may be sought from the management firm or the Owners' Corporation of your building. Where necessary, you should with the engagement of a building professional or legal consultant request the responsible person to stop the seepage in accordance with the provisions under the Deed of Mutual Covenant, or even lodge a claim for damages.

For an Estate Manager, resolving a seepage is often frustrating.

1. Owner of the Flat from where seepage has originated may not be affected himself.

2. Owner of the affected Flat is helpless as he has no control.

3. Maintenance/Houskeeping Team says it is not in their scope of work.

4. The Housing Society/RWA may feel helpless as Owner of the Seepage Originating Flat may not cooperate.

Tips to resolve the Seepage
1. Capture the Complaint accurately from the relevant flat.

2. Arrange for an experienced plumber to identify the type of leak

3. Get an estimate from the plumber or Housekeeping team, with the guidance of Facility Manager.

4. Once the seepage has been identified, a communication from the Facility Manager to the Originating Flat can start the process.

5. A clear policy for sharing the cost can expedite the resolution process.

6. Once all parties involved (originating flat, affected flats) confirm approval for the repair, the work can be started with advance payment to Vendor.

7. Appointment from the Flat for work to be confirmed by the Vendor.

8. After completion and confirmation from the complainant, and observation for a mutually agreed period, the balance payment to vendor can be released. Some vendors provide guarantee for the work done.


As per section 342 of BMC Act, 1988 (amended till date), the following “tenantable repairs”, can be carried out without obtaining permission from the ‘Building and Factory’ department of local BMC:

Plastering, painting, pointing of your flat
Providing guniting to the structural members or walls
Changing floor tiles
Repairing WC, bath or washing places
Repairing or replacing drainage pipes, taps, manholes and other fittings
Repairing or replacing sanitary, water plumbing or electrical fittings
Replacing the roof with the same material
Replacement of existing water-proofing material of the terrace.
The only pre-conditions to the renovation work to be done at residences are:

The original tenantable structure (whether rental or ownership) must be legal, i.e. it is based on the original BMC-approved Building plan.
Though no BMC permission for the above is required, it is advisable to do so under strict supervision of a registered Architect and/ or Structural Engineer
The “tenantable repairs” however shall NOT include the following:

Replacing or removal of any structure members of load bearing walls
Change in horizontal or vertical existing dimensions of the structure
Lowering of plinth, foundations or floors
Addition or extension of mezzanine floor or loft
Flattening of roof or repairing roof with different material
No merger of tenancies by removal or opening of any walls in between two or more tenancies.
Changing location of bathroom/ WC/ kitchen sink, in a way that can cause leakage to residents below. Increasing the internal height of the structure.
BMC notices : Notice issued by BMC under section 354 is a STOP Work Notice, if it feels ongoing work is unlawful. If there is unauthorised construction, then BMC can issue a Show-Cause Notice under section 351. This is NOT a Stop Work notice – it is issued when work is completed and persons are utilizing the said premises. If the officer is not satisified with the documents produced, then he has to give them an opportunity to revert the property back to the original legal status, after which BMC can inititiate demolition under section 488. The party can go to the civil court for a stay. Notice under section 381 is issued by BMC if there is nuisance to other members due to some work done by the resident.

For any construction to be legalized, there must be documentary proof (electric bill or property assessment etc.), that the structure existed prior to 1962.

Before starting renovation work on your property, if you are in doubt, it may be safe to take ‘dated’ pictures of the property. However, if you submit a letter to the local BMC office, attaching a copy of the Architect’s proposed plan, you may be requested to forward the same to Building Proposal department at Byculla, for written approval.

Debris

For debris lying on the footpaths or roadside or even inside your building compound, you may be liable to be fined. Since agents are always on the lookout to harrass citizens, collect the debris in the house and try to remove it on a Sunday. Debris has to be removed immediately by a contractor, who is authorized by the BMC to dump the debris in an approved BMC plot.

Under section 375A of BMC Act, Commissioner can give notice to owner of premises for removal of debris from their premises.

Safety Grills

Newer buildings come with the permission to install grills. For the older buildings, grills can be “legalized” by writing to the BMC (Building & Factory department) and attaching the following documents:

Landlord NOC or Society NOC under section 47 and 65 of model bye-laws
Original floor plan of the property (flat)
Approximately Rs 2,000 fee (exact amount depends on the area of window covered)

Advocate Srinivasa Kudva LawRato

610 votes

When your bathroom leaks its your Bathroom hence you are responsible subject to what agreement you have as apartment owner.But when your roof leaks, if it's a common roof and if the ownership of the common terrace is common to all apartment owners then you are entitled to get it repaired by the Society of apartment owners if you have kindly find from your agreement with your builder what you had agreed as also if you have a co-operative society of apartment owners find out from the bye-laws of co-operative society or so. Whatever be the case find out before it rains, in any case consult a Lawyer with all the documents.

Advocate Datar Vilas R LawRato