Water leaking from the condo unit above in Malaysia (2026): who pays and what to do

中文 · Bahasa Melayu · Bahasa Indonesia

By Jason Lim, REN 84424 · IQI Realty · Checked on 9 November 2026

This guide is for condo and strata owners and tenants in Johor and the rest of Peninsular Malaysia, including owners from Singapore, Indonesia, India and China. The short answer: report the leak in writing to your management body (the developer, JMB or MC). It must inspect within 7 days and issue a certificate (Form 28) within 5 days after that, naming the cause and who must repair it. The law presumes the leak comes from the unit above unless that owner proves otherwise. If the management does not act, go to the Commissioner of Buildings (COB) at your council, then the Strata Management Tribunal.

What counts as an inter-floor leak

Part XV of the Strata Management (Maintenance and Management) Regulations 2015 governs inter-floor leaks (kebocoran antara tingkat). Regulation 55 defines one as signs of dampness, moisture or water coming through the ceiling of a unit (a “parcel”), common property or limited common property. It includes plaster, panels or gypsum boards fixed to that ceiling, so a stained false ceiling counts too. The same steps apply to damp or leaking walls between two units or between a unit and common property (party wall damage, regs. 65 to 67).

Section 142 of the Strata Management Act 2013 (Akta Pengurusan Strata 2013, Act 757) then helps the owner below. In a court or tribunal case, if the dampness shows on your ceiling, the defect is presumed to be in the unit or common property directly above. The presumption can be rebutted: the owner above can show, for example, that the water comes from a common pipe instead.

Where the water comes from decides who repairs

Source of the leak	Treated as	Who usually repairs
Bathroom waterproofing, floor trap, or pipes and fittings that serve only the unit above (even if they run through a common ceiling void, wall or floor)	A defect of that unit (reg. 58(c))	The owner above, within 7 days of Form 28 (reg. 61)
Water or sewer pipes, drains, meters or ducts that serve more than one unit	Common property or limited common property (reg. 58(b))	The developer, JMB or MC, within 7 days of Form 28 (reg. 62)
Roof, external walls and other parts not within any unit	Usually common property under section 2 of the Act; check the strata plan	The developer, JMB or MC
Poor workmanship or materials, or work not built to the approved plans, found within the defect liability period	The developer’s responsibility (reg. 58(d))	The developer, under the sale and purchase agreement (reg. 60)

Common sources are a bathroom or balcony above: worn waterproofing, a loose floor trap or a cracked pipe joint. A top-floor leak after heavy rain often points to the roof, generally common property. The inspection decides.

What to do when water drips from your ceiling

1. Make it safe. If water is near a light, fan or socket, switch off that circuit and keep people away. Move furniture and electronics.
2. Record it. Take dated photos and short videos of the ceiling, the drip, the stain spreading and anything damaged.
3. Speak to the neighbour above. A polite knock may solve a simple problem, such as a blocked floor trap.
4. Notify the management in writing. Under reg. 56, the affected owner gives notice to the developer (before a JMB is formed), the JMB or the MC. Use email or the management’s form, attach photos and keep a copy. If the COB has appointed a managing agent, notify the agent and send a copy to the COB.
5. Allow the inspection. The management must inspect “as soon as practicable” and within 7 days of your notice. It may check your unit, the unit above, other units and common property (reg. 57). Inspectors may run water in the bathroom above to trace the source.
6. Get Form 28. Within 5 days after the inspection, the management must issue a certificate in Form 28 stating the cause and who must repair it (reg. 59). The COB can allow more time. Ask for your copy; you will need it for any claim.
7. Repairs start. The owner named must take the necessary steps to repair within 7 days of receiving Form 28 (reg. 61(1)). If that owner does nothing, the management must carry out the repair as soon as possible and can recover the full cost from them (reg. 61(2)). If the cause is common property, the management must repair within 7 days of issuing Form 28 (reg. 62).
8. Disagree? Go to the COB. Anyone unhappy with the finding can refer it to the Commissioner of Buildings, who decides the cause and who must repair (reg. 64).

Access to the unit above

Owners must let the inspectors and repairers in. After 7 days’ written notice, refusing access is an offence, with a fine of up to RM50,000, up to three years in prison, or both (reg. 63). In an emergency, meaning a leak that makes flooding or danger to life or property much more likely, no notice is needed and entry can be forced.

Who pays for the leak and the damage

• The source. Whoever Form 28 names pays to fix it: the owner above, the management body (from the building’s funds), or the developer within the defect liability period.
• Your ceiling and belongings. Part XV deals with repairing the defect, not compensation for your ceiling, furniture or rental loss. Once Form 28 names the source, the simplest route is a written agreement that the responsible party pays for your ceiling repair; keep quotations and receipts. Otherwise, the tribunal hears claims for the costs of repairing defects, and other losses may need a civil claim.
• Repairs caused by an owner’s negligence. If a JMB spends money on work caused by an owner’s or their tenant’s wilful or negligent act, it can recover that cost from the owner as a debt (section 21(4)).
• Small amounts. For a civil claim up to RM5,000, the Magistrates’ Court small claims procedure (tuntutan kecil, Order 93 of the Rules of Court 2012) lets individuals claim without a lawyer (Malay Mail, February 2025).

New condo? The defect liability period

If you bought from a developer, the statutory sale and purchase agreement gives a defect liability period of 24 months from vacant possession. Within it, the developer must repair defects at its own cost within 30 days of your written notice (rules in force since December 2007, The Star). Part XV fits in with this:

• Inside your unit or the one above: a leak caused by poor workmanship or materials within the defect liability period can be claimed against the developer under the sale and purchase agreement (reg. 60(1)).
• From common property: within the common property’s defect liability period, the claim is made against the building’s Defects Liability Account (reg. 60(2)).
• After the period ends: see my guide on latent defects after the defect liability period.

At handover, check every ceiling below a bathroom, and look again after the first heavy rain. My vacant possession defect checklist covers what to test, and the late vacant possession and LAD guide covers the other common developer claim.

When the management does not act: the COB and the tribunal

If deadlines are missed, for example because the unit above is tenanted or empty, you have two official routes:

Route	What it does	Key points
Commissioner of Buildings (Pesuruhjaya Bangunan, COB) at your council	Supervises developers and management bodies under Act 757; decides disputed leak findings (reg. 64)	MBJB and MBIP have COB units. The COB may appoint a registered architect, engineer, surveyor, quantity surveyor or valuer, at the cost of the party responsible, and everyone must follow its decision.
Strata Management Tribunal (Tribunal Pengurusan Strata, TPS)	Hears claims listed in the Act’s Fourth Schedule, including costs or repairs for defects and failures to carry out duties under the Act	Claims up to RM250,000 (section 105). RM100 to file Form 1 for residential property. File online through e-TPS with Form 28 and colour photos of the damage. It can also confirm, vary or set aside a COB decision.

KPKT runs a Southern Zone tribunal office in Johor Bahru, and lawyers are generally not allowed at hearings unless the tribunal permits one (section 110). Once you file, the same dispute cannot also go to court unless the tribunal claim is withdrawn, abandoned or struck out (section 106). My Strata Management Tribunal guide for Johor walks through filing, hearings and enforcing an award.

Does insurance cover a leak from above?

• The building’s master policy. Section 93 of the Act requires the management body to insure the building against fire, lightning, explosion, bursting or overflowing of water tanks or pipes, windstorm and other listed events. It covers the building, not your furniture.
• Your own policy. Houseowner and householder policies commonly list bursting of pipes and tank overflow among their perils, while a basic fire policy covers burst pipes only as an add-on (Insuranceinfo, checked November 2026; Malay Mail, November 2024).
• Slow leaks. Policies cover the perils they list. Ask your insurer whether slow seepage from a neighbour’s bathroom is covered, or only a sudden burst, and report any claim promptly with your photos and Form 28.

My home insurance guide for Johor Bahru explains the difference between fire, houseowner and householder cover.

Tenants, landlords and the owner upstairs

• If you rent the unit below. Tell your landlord in writing, with photos, and let the management in. A tenant needs the tribunal’s leave to file a claim (section 107), so the landlord usually leads. A leak from above is not tenant damage (see my rental deposit refund guide).
• If you let out the unit below. Act quickly; your agreement’s repair clauses decide what the tenant can ask for (see my landlord tenancy agreement guide).
• If you own the unit above. Allow the inspection and repair within 7 days of Form 28, or the management can repair and bill you (reg. 61(2)).

If you own a JB condo from overseas

An empty unit can leak unnoticed for weeks, and the deadlines run whether or not you are in Malaysia.

• Leave a key and a contact. Name someone local the management can call, so inspectors are not forced to break in during an emergency.
• Keep your details current. Give the management office your overseas address, email and WhatsApp number, so notices and Form 28 reach you.
• Hearings. Tribunal parties are generally expected to attend in person, so plan travel if a claim is filed.

My guide to managing a JB property from overseas covers local contacts and paperwork.

Before you buy: check the leak history

On a subsale viewing:

• Look up. Check ceilings under bathrooms, kitchens and balconies for stains, bubbling paint, fresh patches or new false ceilings that may hide old damage.
• Ask the seller in writing whether there has been any leak, Form 28 or waterproofing repair in the unit or the one above.
• Ask the management office about open leak reports, roof and pipe works in the AGM minutes, and whether the building is under the developer, a JMB or an MC. On a top floor, ask when the roof was last waterproofed.

My checklist on how to check condo management before buying and the subsale inspection guide go through each item, and the maintenance fee and sinking fund guide shows how repair money is collected. In August 2026 the housing minister said the Act would be reviewed to improve the accountability of JMBs and MCs (The Star, 10 August 2026), so check for changes before you rely on these steps. Foreign buyers should also note that Johor generally sets RM1 million as the minimum price for most homes bought by foreigners, with some exceptions (New Straits Times, April 2026; see my page on Johor’s foreigner minimum price).

Where to buy if this matters to you

Buildings with an active JMB or MC have repair records you can check. JB’s main condo markets:

• Mount Austin: mid-range condos and serviced residences, popular with families.
• Tebrau, Setia Indah and Molek: older and newer condos side by side.
• JB Sentral and Bukit Chagar: high-rises near the CIQ and the RTS Link station.
• Danga Bay: waterfront towers close to the city centre.
• Iskandar Puteri: newer projects around Medini and the Second Link.
• Permas Jaya and Senibong: east-side condos with sea views.
• Landed homes in JB: if you would rather have no one living above you.

Compare them on my JB property map.

More Johor living guides: Strata title explained · Renting out rooms in JB · Renovation and furnishing costs in JB · Flood risk in Johor Bahru

Frequently asked questions

Who is responsible for a water leak from the unit above in a Malaysian condo?

Whoever the management’s Form 28 certificate names. Under section 142 of the Strata Management Act 2013 the leak is presumed to come from the unit above unless proven otherwise. Pipes serving several units are common property for the management body, and workmanship defects within the defect liability period are the developer’s responsibility.

How long does the management have to inspect a ceiling leak?

Within 7 days of your written notice (regulation 57 of the Strata Management (Maintenance and Management) Regulations 2015). It must then issue Form 28 within 5 days of the inspection, and the party named must repair within 7 days of Form 28.

What if the owner of the unit above refuses access?

After 7 days’ written notice, refusing access for inspection or repair is an offence under regulation 63, with a fine of up to RM50,000, up to three years in prison, or both. In an emergency, no notice is needed and entry can be forced.

What can I do if the JMB or MC ignores my leak complaint?

Refer it to the Commissioner of Buildings at your council, such as MBJB or MBIP, who can decide the cause and who must repair. You can also file at the Strata Management Tribunal: claims up to RM250,000, RM100 to file for residential property, with Form 28 and colour photos.

Does home insurance cover water damage from the unit above?

It depends on the policy. Houseowner and householder policies commonly list bursting of pipes and tank overflow, while a basic fire policy covers burst pipes only as an add-on. Ask your insurer whether slow seepage is covered, and keep photos and Form 28 for any claim.

Is a leak in a new condo the developer’s responsibility?

If it is caused by poor workmanship or materials within the defect liability period, usually 24 months from vacant possession under the statutory sale and purchase agreement, you can claim against the developer. Common property defects in that period are claimed against the Defects Liability Account.

Buying a condo and want fewer surprises?

Tell me the projects you are looking at and your budget. I will help you ask the seller and the management office about leak reports, waterproofing works and the building’s accounts, and arrange viewings so you can check the ceilings yourself. You can also book an appointment, or a Zoom consultation if you are abroad.

Sources: Strata Management Act 2013 (Act 757), section 142, Laws of Malaysia text, checked November 2026; Strata Management (Maintenance and Management) Regulations 2015, P.U.(A) 107, Parts XV and XVI (copy published by DBKL), in force 1 June 2015, checked November 2026; Strata Management Act 2013 (Act 757), sections 2 and 21 (copy published by DBKL), checked November 2026; Act 757, section 93, checked November 2026; Act 757, section 105, checked November 2026; Act 757, section 106, checked November 2026; Act 757, section 107, checked November 2026; Act 757, section 110, checked November 2026; KPKT, Strata Management (Strata Management Tribunal) Regulations 2015, P.U.(A) 103, 1 June 2015; KPKT, Soalan Lazim Tribunal Pengurusan Strata, updated 9 July 2025; KPKT, Mengenai Tribunal Perumahan dan Pengurusan Strata, updated 13 August 2025; KPKT, e-TPS portal, checked November 2026; MBJB, Info MBJB (Bahagian Pesuruhjaya Bangunan), June 2018; Sinar Harian, “MBIP bertindak selepas terima aduan” (MBIP Commissioner of Buildings), 6 January 2019; The Sunday Star, on the 24-month defect liability period (reproduced by the National House Buyers Association), 16 December 2007; Insuranceinfo, fire insurance and houseowner/householder perils, checked November 2026; Malay Mail, on home insurance coverage in Malaysia, 22 November 2024; Malay Mail, on the small claims procedure, 28 February 2025; The Star, “Govt mulls amending Strata Management Act to strengthen accountability of JMBs, MCs”, 10 August 2026; New Straits Times, “Foreigners hit Johor property resale wall”, 20 April 2026

Jason Lim, REN 84424, IQI Realty Sdn. Bhd. E (1) 1584/6. General information checked on 9 November 2026, not legal or insurance advice. Rules and procedures change; confirm with your management body, the Commissioner of Buildings at your council, the Strata Management Tribunal, your insurer or a lawyer before you act.