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Repair of leakages from bathroom. Who is responsible? No damage by me.


15-Jul-2023 (In Property Law)

What is society bye laws for leakage from above flat? There is a leakage in the ceiling of bathroom of the flat (501) below my flat(601). I've not carried out any repairs/alterations/modifications and the leakage started automatically. Whose responsibility will it be to get the repairs done, the cooperative housing society or me? Awaiting your response.

Answers (3)

Answer #1
913 votes
Sir, perused your facts, one will have to see the bye laws of your society however as per standard bye laws it will be responsibility 50/% of each flat owner I.e flat no 601 & 501 subject to the byelaws of your society.
Advocate Sagar Kothari

Adv. Sagar Kothari

LawRato Pune | 400+ Answers
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People also ask

Who is responsible for water seepage?

According to the Building Maintenance and Strata Management Act, administered by the Strata Titles Board, the owner of the unit immediately above the leakage is presumed responsible for it unless the opposite can be proven.

Who is responsible for a leak from an upstairs flat?

In these cases, your landlord will be responsible for the repair of any damage. This is because a clause in your tenancy contract states that you are responsible for maintaining certain things. This includes maintaining the walls, ceilings, and plasterwork of your home.

Who is responsible for internal leakage in flat?

In the old Byelaws, it was stated that both internal and external leakages of the premises were the responsibility of the society. In the new Byelaws, it is stated that the internal leakage of the premises will be the responsibility for the member.

How do I complain about water leakage from above flat?

6. You can also file a complaint with the police if necessary. This is especially true if you suspect negligence or intentional damage. 7. You may have to go to court if all else fails.

  
Answer #2
974 votes
Dear Sir,
First you will have to ensure as to where is the source of leakage is, if it is in the flat above your flat then certainly you are not responsible.
If there is terrace above your flat then the Society is responsible.
So, please consult expert Licensed plumber and take report or opinion in writing about the source of leakage and submit the same to the Society as well as to the flat resident below your flat through Advocate for your safe side.
Thanks and regards
Advocate Namitabh Kothari

Adv. Namitabh Kothari

LawRatoMumbai | 400+ Answers
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Answer #3
132 votes
According to law, if the leakage was not caused by the owner of the apartment above you, the costs to repair/stop the leakage must be shared equally between you and the owner. If the flat owner above refuses to share costs and cooperate, the same procedure must be followed.
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Advocate Chikirsha Mohanty

Adv. Chikirsha Mohanty

LawRatoDelhi | 200+ Answers
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