What is inter-floor leakage?
Regulation 55 of the Strata Management (Maintenance and Management) Regulations 2015 (‘Regulations 2015’) defined “inter-floor leakage” as any evidence of dampness, moisture or water penetration on the ceiling or any furnishing material that is attached, glued, laid or applied to the ceiling such as plaster, panel and gypsum board, which forms part of the interior of a parcel, accessory parcel or common property. The inter-floor leakage is specifically governed by Regulations 55 to 64 of the Regulations 2015.
What is the procedure?
- The owner whose parcel is affected should give notice to the developer (during the developer’s management period), or the joint management body or the management corporation or the subsidiary management corporation (hereinafter referred to as “management”).
- The management will then carry out an inspection of the affected parcel as soon as practically possible or within seven (7) days from the date of receipt of the notice, to determine the cause of the inter-floor leakage and the party responsible to rectify any defect that has caused the inter-floor leakage
- The management will issue a Certificate of Inspection in Form 28 within 5 days to state the cause of leakage and party responsible to rectify the leakage.
- A duplicate copy of Form 28 will be forwarded to the Commissioner of Buildings (‘COB’) for reference.
- Then the party responsible is required to rectify the leakage.
What are the possible causes of the inter-floor leakage and who is responsible for it?
- Inter-floor leakage caused by defective workmanship or materials or the parcel was not constructed in accordance with the plans and description approved by the authorities and the leakage/damage occurred within the defect liability period
- The parcel owner may make a claim against the developer pursuant to the sale and purchase agreement entered into with the developer.
- Inter-floor leakage caused by defective workmanship/materials or the common property was not constructed in accordance with the plans and description approved by the authorities and the leakage/damage occurred within the defect liability period
- The parcel owner may make a claim against the Common Property Defects Account
- Inter-floor leakage caused by or attributable to a parcel
- The parcel owner shall, without prejudice to his right to seek indemnity from any other party, shall take all necessary steps and measures to rectify the inter-floor leakage within seven (7) days of receipt of Form 28.
- If the parcel owner fails to do so, the management shall immediately take all the necessary steps and measures to rectify the inter-floor leakage and shall charge and recover all cost and expense from the party responsible to rectify the inter-floor leakage.
- Inter-floor leakage is caused by or is attributable to common property or limited common property and occurs after the defect liability period
- The management shall take all necessary steps to rectify the inter-floor leakage within seven (7) days of the date of issue of Form 28.
What to do if you disagree with the finding stated in the Certificate of Inspection (Form 28)?
- Any person dissatisfied with the decision of the management may refer to COB and COB shall determine the cause of the inter-floor leakage and the party responsible to rectify it.
- The COB may appoint a registered architect, engineer, quantity surveyor or building surveyor to assist him and the cost of appointment shall be borne by the party responsible to rectify the leakage
- All parties shall comply with any decision made by the COB
- If parties involved do not agree to the decision of the COB, the parties may file a case in Strata Management Tribunal
