Neighbour's Leaking Bathroom Ruining Your Condo Ceiling? Here's What You Can Do
Save this now to save your money and multiple headaches in future.
So your ceiling's got a weird brown patch, maybe a slow drip, and you're 95% sure it's coming from your upstairs neighbour's bathroom.
Super annoying. But more than that, it can cost you, mess with your property value, and honestly? It shouldn't be your problem to fix.
If you're living in a condo or apartment, there's actually a proper legal process for this. Although, it's different depending on whether you're in Peninsular Malaysia, Sabah, or Sarawak.
But don't stress, we are going to give you the breakdown, with all the right laws and forms to back you up.
Image via Gemini
Step 1: File an official complaint with building management
Don't barge upstairs to your neighbour.
Your first move is to write to your building's Joint Management Body (JMB) or Management Corporation (MC).
Peninsular Malaysia & Sarawak: Under the Strata Management Act 2013 (SMA) and Strata Management (Maintenance and Management) Regulations 2015, and Sarawak's Strata Management Ordinance 2019 with Strata Management (Maintenance and Management) Regulations 2022, you're required to notify Management in writing. Email works, too.
Just describe what's going on — location, signs of damage, when it started — and keep a copy.
Sabah: You're covered by the Land (Subsidiary Title) Enactment 1972, which doesn't spell things out as clearly. But the practical first step is still to alert your MC in writing. That starts the clock.
Step 2: Management has to inspect, usually within 7 days
Once they get your notice:
Peninsular & Sarawak: They must inspect your unit, the one above, and any affected common areas within 7 days. They're legally responsible for identifying where the leak's coming from and who's at fault.
Access is a must: Your neighbour has to let them in. If they refuse, it can result in fines up to RM50,000 or even jail time under the Strata Management Act 2013.
Sabah: There's no 7-day rule in the 1972 law, but the MC should still take reasonable action to investigate.
Step 3: The Certificate of Inspection
After the inspection:
Peninsular & Sarawak: The JMB/MC has 5 working days to issue a Certificate of Inspection. Form 28 for Peninsular Malaysia and Form 30 for Sarawak.
These documents will officially state the cause of the leak and who's responsible for fixing it, that's usually your upstairs neighbour as the law assumes it's the unit above unless there's proof otherwise.
Sabah: No official certificate required by law, but the MC should still issue written findings identifying the source and who should cover the repairs.
Step 4: Time to fix it
Once the certificate is out:
Peninsular & Sarawak: The responsible party — in this case your neighbour — has 7 days to start repairs and cover the cost. If they don't do it? The MC is legally required to get it done immediately and charge the cost back to whoever was named in the certificate.
Sabah: The 7-day enforcement mechanism isn't in the Enactment, so you'll need to keep chasing the MC if the neighbour refuses to owner their responsibilities.
Step 5: In the event of any disagreements, the matter can be escalated to the Commissioner of Buildings (COB)
If you or your neighbour disagrees with the findings in the Certificate of Inspection (Form 28/Form 30), you can escalate the matter to the COB under your local council like MBPJ or DBKL. They can then re-investigate, bring in independent experts, and issue binding decisions in Peninsular & Sarawak regions.
Unfortunately for Sabah, there's no COB system established under its 1972 Enactment. Disputes might require negotiation, involving the local council's building control department, or going to court.
Step 6: If it STILL isn't fixed, your last option is to go to the Tribunal
If your neighbour ignores the certificate or the COB ruling, or if the MC is just dragging their feet:
Peninsular & Sarawak: Your final official recourse is the Strata Management Tribunal. This is a special, faster, and cheaper avenue than regular courts, designed specifically for strata disputes.
You won't need a lawyer, as you typically represent yourself and the claim is limited up to RM250,000 in Peninsular Malaysia. Sarawak's limit is likely similar under its new regulations.
How to file: Fill out Form 1 (Statement of Claim), attach your evidence (photos, letters, Form 28/30), submit it to the correct Strata Management Tribunal office (check the Housing and Local Government Ministry website for locations like Putrajaya or Kuala Terengganu), and pay a small filing fee.
Binding decisions: The Strata Management Tribunal can order repairs, payment of costs, or compensation. Its decision is legally binding, and ignoring it is a criminal offence with severe penalties.
Sabah: Unfortunately, the 1972 Enactment does not include a Strata Management Tribunal. Unresolved disputes may need to be pursued through the regular court system, which can be more complex and costly.
