Who is Responsible to Get Leakage Repair in Society Flats?

The leakage problem in flat is not only irritating but unhygienic as well. My five-year-old kid had serious allergies and even a fever due to the dampness caused by the leakage. I complained to the society but it was of no use. I planned to lodge a police complaint as well but my neighbour stopped me. She explained to me that it is not always the society who should make the repairs. There are certain rules that must be followed in such cases. She acquainted me with the society bye laws for leakage from above flat and so I proceeded accordingly.

A housing society should bear the expense of the repairs only if the leakage has been caused due to their fault. As per the housing society rules for leakage problem, Under Bye-Law 160 (a) the society should do the repair only if there is a construction issue. The meaning is simple. If the construction quality is poor and you think that the society is responsible for it, then only the society should pay for it. 

If it is proved that the leakage has been caused due to the person living above your apartment, then the repair expense must be borne by you and the owner above only. This is the simple society bye laws for internal leakage. 

Some cases where the society must pay for the leakage repair are-

• Faults in external water pipes

• Poor water pumps used

• Damage in drainage lines

• Poor construction of the roof of the flats

• Leaks from the ceiling, plaster of walls and more

These are the society bye laws for leakage from above flat.

Hi. I live in a housing society in Mumbai. I recently had a case of dripping ceiling in my apartment. I enquired regarding the society bye-laws for internal repairs. After having a word with the secretary and reading the bylaws, I gained clarity. Here is what I found out about the subject.

Society bye-laws for internal leakage

According to the Maharashtra Government, all the expenses must be borne by the member living in the apartment. Internal leakage caused via sink, toilet, etc. are to be fixed by the person residing. Apart from this, society should be intimated or notified under such a scenario.

You can read all the cooperative housing society bye-laws through this

. 

Here are the following things for which the society is responsible to bear the repairing and maintenance expenses.

• All internal roads

• Compound walls

• External water pipelines, water pumps, water storage tanks 

• Drainage lines

• Septic tanks

• Staircases

• Terrace and parapet walls

• Structural repairs of roofs of all flats

• Stair-case lights

• Street lights

• External walls of the building/ buildings

• All leakages of water including leakages due to rainwater, and leakages due to external common pipeline and drainage line.

• Electric lines up to main switches in the flats.

• Lifts

• The damaged ceiling and plaster thereon in the top floor flats, on account of the

• Leakage of the rainwater through the terrace.

• Generators

• Sharing of the Society's Charges by the Members at its meeting. Committee to fix society's charges in respect of every flat.

For information surrounding water leakage from the upper floor flat, and more, you can refer to the other responses. I hope my answer helps you with internal leakage in housing society.

A few months ago, after a long, exhausting day at work, I returned home, prepared myself a nice hot coffee, and unwinded on my sofa. It was then that I noticed some drops on my head. I looked up to see where the drops are coming from and realised there was a leakage from the flat above. And just one question came into my mind at that time, who is responsible for leakage in flat above?

This issue is more common than we can imagine. If you too live in a high-rise building building. So naturally, staying on a higher floor has its own advantages, such as beautiful and breathtaking views and pleasant breezes. However, problems like cracks, leaks, and additional dust can be really frustrating to anyone. So, let me tell you leak in flat who is responsible.

Who is responsible for leak in flat above?

The society management is responsible for any leakages from the flat above. But the interesting point here is that the type of repairs that the society management is accountable for are specified in the bye-laws that govern each community's internal affairs. 

According to Bye-Law 160 (a), the society management is responsible for paying for the following repairs and maintenance on the society's property: 

• External water pipes

• Water pumps

• Drainage lines

• Flat roofs

• Any water leaks, flat roofs, and ceilings and 

• Plaster on the top floor due to terrace leaks. 

But I must tell you that the costs to repair the leakage can also be shared equally by the flat owners of both the flats under the law in case the leaking is not the responsibility of the person who owns the flat above you. If the owner of the above flat refuses to cooperate and split the cost, you can get in touch with the society management for the same. Now you know water leak in apartment who is responsible.

We all were waiting for the rainy season and now that the monsoon has finally arrived, there is one issue that many of us are dealing with: Water leakage from the upper floor in society. Now, what can you do in this case? Whom to complain to? I will clear all your queries in this answer. I will also tell you about the supreme court judgement on water leakage from upper floor flat in most cases.

You will find the answer to all your question in model bye-laws (section 160). This section says that society is required to fix all types of leakage of water at its cost. The society is also required to fix the roofs of the apartment and ceiling and the plaster thereon on the top floor in case there’s a leakage due to rain water. Similarly, society is required to make the necessary repairs if there’s an issue with:

• Compound walls

• External water pipes

• Water storage tanks

• Terrace and parapet walls

• Drainage lines

• Septic tanks

• stair-cases

• Roof of flats

• Outside walls of the building

For instance, if there’s leakage on the external walls of your apartment that leads to leakage within, then Society is required to make the necessary repairs at its cost. For this, you will have to send a legal notice to the managing committee and take a follow-up with the society’s secretary.

According to the old Bye-laws, it was stipulated that the society is responsible for both the external leakage and the internal leakage of the property. However, in the new Bye-Laws, it is specified that the flat owner will be responsible for the internal leakage.

Now you know how to deal with the leakage problem from the above flat.

Supreme Court Judgement on Water Leakage from Upper Floor Flat

In most cases, the supreme court orders the owner of the upper floor flat to make the necessary repair in a given time (if found guilty). Sometimes, the court also orders the owner of the upper flat to make the renovation in the flat below where the water leaked

Read more:

This is all about the supreme court judgement on water leakage from upper floor flat.