Water Leakage From The Ceiling – A Condo Owner’s Nightmare

In recent years, a very common dispute faced by Singapore’s condominium flat owners is in relation to water leakage from one’s ceiling or inter-floor leaks, due to uncooperative and aggrieved neighbours.

These water leakage problems have plagued homes with stress, discomfort and inconvenience, on top of high tension between neighbours.

Whilst the issue of whom holds the responsibility of maintaining and repairing water leakages is clearer and more easily resolved for those residing in HDB flats, the same cannot be said for those residing in private non-landed estates, such as condominiums.

Who Should Bear Maintenance And Repair Costs?

So if you are residing in a condominium in Singapore, and suffering from water leakage from your ceiling – What can one do? Who should bear the responsibility of maintenance and repairs?

Under the purview of the Ministry of National Development (MND) and administered by the Building and Construction Authority (BCA), the law that governs private non-landed estates is the Building Maintenance and Strata Management Act, (Cap. 30C).

At the same time, the Strata Titles Board (STB) is provided for in the Act.

Under the S101(8) of the Act, the flat owner of the immediate unit on the upper floor bears the presumption for the water leakage, unless one can prove the contrary.

Thus, if there is an inter-floor leak, both parties, i.e. the flat owners from the immediate units of both upper and lower floors, are required to jointly carry out an investigation to determine the cause of the leak and proceed with repair works, inclusive of resolving the cost of repairs.

Otherwise, the flat owner of the immediate unit on the upper floor cannot claim that the leak did not originate from his unit or the defect is not within his unit.

In addition to jointly carrying out investigation of the defect to determine the cause of the water leakage, both parties ought to inform and involve the condominium’s Management Corporation in resolving the matter amicably.

What Should You Do If The Matter Cannot Be Resolved Amicably?

For those in such predicament, one may make an application to the STB, which is a tribunal made up of a panel of impartial members who are lawyers and experts in the building industry.

The STB has the powers to mediate between parties, hear the matter, and make decisions that are final and enforceable in the State Courts. For applications to the STB, there is a fee of $500 which includes 2 mediation sessions.

For more information, please read the “Strata Living in Singapore” guide by BCA, and contact us at our firm for a consultation on your case.

Our lawyers at our firm are also experienced in handling other common disputes such as disputes between common properties or common landlord-tenant disputes.

So do not hesitate to contact us.

The information contained within this website contains general information about our lawyers, Law Firm and procedures and is not intended to constitute legal advice.

Any person viewing or receiving information from this Website should not act or refrain from acting, on the basis of any such information without first seeking appropriate legal advice.

Please consult a lawyer for specific review of your case and advise. You can Click on the link provided.

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  1. Hi,
    Do you do reprensentation for inter floor leakage dispute?

    • Yes we do. Do Whatsapp us for instant messaging with our Lawyers.

  2. My upstairs bathrooms are both dry, being water proofed already. The Managing Agent has seen bith my unit and that of the neighbouring same leverlunit (because the paint is peeling from the unit adjacent to my master bedroom wall and my lower level storeroom unit. Water is dripping from the ceiling by the buckets (collected daily) onto my dining and living room areas. The Managing Agent and my neighbour refuse to engage professional enginees/surveyors to certify that the leak is kit coming from the rooftop (although water streaks can be seen coming from the external flat rooftop to my bathroom windows (one door frame trimming has rotted away too)

    Most importantly under Covid 19 temporary Measures Act where just 5 people from another household can be fined immediately for gathering in a household (am sure their conversational spittle amount to less than the water dripping from my ceilings the police can be called in to prosecute them. Can the police act in a similar manner for the endangerment caused to my house hold members working while exposed to danger to life from potential infection or, possible collapse of the ceiling due to spalling concrete (some pieces of concrete fell on the neighbour’s contractor during the joint inspection.

  3. HI I am living at the top floor of my condo unit (2 years plus – TOP 2018). Above is the roof top.

    There has been water leakage into my wall that came from exterior wall whenever there is heavy rain. 4 different occasions over the period of 2 years since 2019.

    The developer have repair this issues with silicone and PU grouting membranes (2 attempts) but the leakage happens again whenever it rains heavily.

    May i know if the leakage from same external wall occur again, are they still liable to repair the leakage ? Can I take legal actions against them for the inconvenience cause?

    • Hi Raman, We can discuss your case in detail. Please contact us with the number provided or Whatsapp for instant messaging.

  4. Hi, the unit upstairs in our condo have their bathroom window open when showering, as a result dirty shower water comes down the outside wall and into ours if the window is open, covering blind, bath, toiletries, etc. We can’t open the window now due to the risk of inundation and are now suffering mould. We have complained via our management many times, but the tenants upstairs continue. The upstairs owners agent is not being helpful. We want to sue for clean up costs, replacement of blind, etc. We have plenty of photographs and video evidence, as well as witnesses in condo management and security. What do we need to do to get this resolved legally, and what should we consider with our compensation demands? Thanks so much.

    • Hi Paul, not all cases are straightforward. Let’s discuss in detail. You may get in touch with our lawyers with the numbers provided. For instant messaging, you may wish to Whatsapp us. Thank you for reaching out to us.

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