The Strata Management Act 2013 and Regulations 2015 create a clear framework — including a rebuttable presumption against the upper-floor owner — for resolving inter-floor leakage disputes in Malaysian strata buildings.
This guide is for general information only — not legal advice. Confirm your specific situation with the COB, Strata Management Tribunal, or a qualified Malaysian property lawyer.
Under Regulation 55 of the Strata Management (Maintenance & Management) Regulations 2015 (Source: Strata Management (Maintenance & Management) Regulations 2015, P.U.(A) 107/2015), inter-floor leakage is defined as evidence of dampness, moisture or water penetration on the ceiling, or any material attached, glued, laid or applied to the ceiling — including plaster, panel and gypsum board — which forms part of the interior of a parcel, accessory parcel or common property.
In plain terms: if your ceiling shows water stains, damp patches, paint bubbling, or actual dripping water originating from the floor above, you have a Regulation 55 inter-floor leakage situation and the formal framework kicks in automatically.
Two instruments govern inter-floor leakage in Malaysian strata buildings (Source: Strata Management Act 2013 (Act 757); Strata Management (Maintenance & Management) Regulations 2015):
This framework applies to all strata buildings in Peninsular Malaysia and the Federal Territories governed by Act 757, whether managed by a JMB (before strata title is issued) or an MC (after strata title).
| Instrument | Key provisions | What it does |
|---|---|---|
| SMA 2013, s. 21(1) | JMB duty to maintain | Requires JMB to keep common property in good repair |
| SMA 2013, s. 59(1) | MC duty to maintain | Mirrors s. 21 for MC after strata title issuance |
| Reg. 55 | Definition | Defines inter-floor leakage and its scope |
| Reg. 56 | Notice | Lower-floor owner notifies management in writing |
| Reg. 57 | Inspection (7-day deadline) | Management must inspect within 7 days of notice |
| Reg. 59 | Form 28 (5 days from completing the inspection) | Management issues the Form 28 certificate within 5 days of completing the inspection, unless the Commissioner extends the time |
| Regs. 58–62 | Liability rules | Four-rule matrix for who is responsible |
| Reg. 64 | COB escalation | Owner may refer to COB if dissatisfied; the determination binds all parties |
(Source: MahWengKwai & Associates, Inter-Floor Leakage & Party Wall Damage in Strata Schemes; Donovan & Ho, Dealing with Inter-Floor Leakage; HHQ Law Firm, Dealing with Issue on Inter-Floor Leakage Within a Strata Scheme)
This guide covers the legal side — if you also need a contractor for repairs, waterproofing, or renovation work, feel free to ask, no obligation.
💬 Ask ClickBina on WhatsAppWhat this means practically:
The Regulations set out four rules for determining liability (Source: Strata Management (Maintenance & Management) Regulations 2015, Regs. 58–62; Yew Huoi, How & Associates, Inter-Floor Leakage):
| Scenario | Who is responsible | Basis |
|---|---|---|
| Leak originates from infrastructure serving more than one unit (shared pipe, water meter, gas duct, drainage serving multiple parcels) | JMB / MC — common property defect | Common property definition under SMA 2013 |
| Leak originates from infrastructure serving one unit only (internal bathroom pipe, private floor trap, internal waterproofing failure) | Owner of the upper parcel | Individual parcel maintenance duty |
| Cause cannot be determined after inspection | Rebuttable presumption → upper parcel owner, unless they rebut | Reg. 58 presumption |
| Leak originates from roof or external structure | JMB / MC — common property | Roof is common property under SMA 2013 |
| Building still under developer maintenance period (typically 24 months from VP) | Developer under Housing Development (Control & Licensing) Act 1966 or SMA 2013 transition rules | Developer’s duty during maintenance period |
Follow this sequence to use the Regulations 2015 framework correctly:
Form 28 — the Certificate of Inspection of Inter-Floor Leakage / Damage to a Party Wall — is a prescribed form under the Regulations 2015 (Source: Strata Management (Maintenance & Management) Regulations 2015 — Form 28; JMBMALAYSIA.ORG, Form 28 Certificate of Inspection for JMB & MC). It is the key document in any leakage dispute because it:
If management simply does not issue Form 28, and has not been granted an extension by the Commissioner, that is grounds to refer the matter to the Commissioner of Buildings under regulation 64. You should note the date of your inspection request and follow up in writing if Form 28 has not been issued within the prescribed time.
Strong documentation protects your position whether the matter is resolved informally or escalates to the Tribunal:
The Commissioner of Buildings (COB) is the regulatory authority attached to the local council (DBKL, MBPJ, MBSJ, etc.) responsible for enforcing the SMA 2013 (Source: Strata Management Act 2013 (Act 757), Part I; KPKT — Ministry of Housing and Local Government). If you are dissatisfied with management’s Form 28 determination, or if management has failed to inspect, issue Form 28, or direct repairs within the prescribed timelines, you may file a written complaint with the COB under Regulation 63.
The COB can:
COB complaints are free. Contact the COB unit at your local city or municipal council. Bring your written notice, the Form 28 (if issued), photographs, and any correspondence.
The Strata Management Tribunal (SMT) is a quasi-judicial body under KPKT (Ministry of Housing and Local Government) that hears strata disputes without the cost and delay of civil court (Source: SMA 2013, Fourth Schedule; MahWengKwai & Associates, 10 Things to Know About the Strata Management Tribunal). For inter-floor leakage, the SMT can:
| Feature | Detail |
|---|---|
| Jurisdiction | Claims up to RM250,000; strata property disputes in Peninsular Malaysia & FT |
| Lawyers | Parties generally represent themselves; lawyers allowed only with Tribunal leave (or if hardship shown) |
| Decision timeline | Award within 60 days of first hearing date |
| How to file | Submit claim form to the SMT through the portal at strata.my or in person at the relevant COB office |
| Award status | Equivalent to a civil court order; enforceable through courts |
(Source: JMBMALAYSIA.ORG, Strata Management Tribunal — How to Make a Claim; MahWengKwai & Associates, 10 Things to Know About the Strata Management Tribunal)
For leakage-related disputes that also involve renovation damage caused by an upstairs neighbour’s works, see our companion guide: Neighbour’s Renovation Damaged Your Unit? →
Failure to rectify inter-floor leakage after a direction from management, the COB or the Tribunal carries real legal consequences. Under the SMA 2013 and Regulations 2015, an owner who fails to comply with a rectification direction may face fines and, in serious cases, imprisonment (Source: Shang & Co, Failure to Rectify Inter-Floor Leakage May Be Liable to Fine and Jail; SMA 2013 enforcement provisions). A Tribunal award that is not satisfied can be enforced as a civil court judgment — including through seizure of property.
If the upper-floor owner’s actions amount to continuing nuisance or trespass, you may also have a civil claim under Malaysian tort law. A landlord who is aware of nuisance caused by their tenant but takes no steps to stop it can also be held liable (Source: Yew Huoi, How & Associates, Strata Title — Trespass and Nuisance).
For strata renovation permit rules and management approval requirements, see The Complete JMB Guide →. If your JMB or MC is refusing to carry out its maintenance duties, see JMB/MC Won’t Repair Common Property? →.
Section 142 of the Strata Management Act 2013 is an evidential provision. In any proceedings in a court or of the Strata Management Tribunal under that Act, where there is evidence of dampness, moisture or water penetration on the ceiling of a parcel (or on plaster, panel or gypsum board attached to that ceiling), the defect is presumed, in the absence of proof to the contrary, to be within the parcel, common property or limited common property situated immediately above. It is a presumption that applies once a dispute is before a court or the Tribunal — it does not by itself decide liability at the complaint stage. At the inspection stage the presumption is one of the matters the management is required to take into consideration under regulation 58(a) of the Strata Management (Maintenance and Management) Regulations 2015.
Read that carefully, because it is widely misquoted. Section 142 does not mean the upstairs owner automatically pays the moment you report a stain. It is an evidential provision: it decides who carries the burden of proof once a dispute is actually before the Tribunal or a court, and it is one of the matters the management must weigh at the inspection stage. In practice it is still the Form 28 inspection that determines the cause.
The popular version of this timeline — “seven days to inspect, five days to issue, seven days to fix” — is close, but the last step is not one rule. It branches depending on what caused the leak, and the difference decides who has to act.
Inter-floor leakage in a strata scheme is governed by Part XV (regulations 55 to 64) of the Strata Management (Maintenance and Management) Regulations 2015. The affected parcel owner gives written notice to the developer, joint management body, management corporation or subsidiary management corporation (regulation 56). That body must carry out an inspection as soon as practically possible, or within seven days from the date it receives the notice, to determine the cause and the party responsible (regulation 57). Within five days from the date the inspection is COMPLETED — or within such extended time as the Commissioner of Buildings may grant — it must issue a Certificate of Inspection in Form 28 stating the cause and the party responsible to rectify it (regulation 59). What happens next depends on the cause. If the leak is caused by or attributable to a parcel, the owner of that parcel must take all necessary steps to rectify it within seven days of RECEIVING Form 28, and if he does not, the management must do the work immediately and recover the cost from him (regulation 61). If the leak is caused by common property or limited common property and occurs AFTER the defect liability period, the management must rectify it within seven days of the DATE OF ISSUE of Form 28 (regulation 62). If the leak occurs WITHIN the defect liability period and is due to defective workmanship or materials, there is no seven-day rectification rule — the owner claims against the developer under the sale and purchase agreement, or against the Common Property Defects Account (regulation 60). Anyone dissatisfied with a decision made under Part XV may refer it to the Commissioner of Buildings, whose determination binds all parties (regulation 64).
| Cause found in Form 28 | Who rectifies | Deadline |
|---|---|---|
| Attributable to a parcel | That parcel’s owner | 7 days from receiving Form 28 — then management does it and recovers the cost (reg 61) |
| Common or limited common property, after the defect liability period | The management body | 7 days from the date of issue of Form 28 (reg 62) |
| Within the defect liability period, defective workmanship or materials | Claim against the developer, or the Common Property Defects Account | No seven-day rule applies (reg 60) |
If you are dissatisfied with a decision made under Part XV, regulation 64 lets you refer it to the Commissioner of Buildings, whose determination binds all parties. That is the step most owners miss before escalating.
A person or body carrying out an inspection under regulation 57, or carrying out works to rectify an inter-floor leakage, is entitled to access to the affected parcel, any other parcel, common property or limited common property on seven days’ written notice. Under regulation 63(2) of the Strata Management (Maintenance and Management) Regulations 2015, a purchaser, parcel owner, proprietor or occupier who fails to give that access to the person or body carrying out the inspection commits an offence and is liable, on conviction, to a fine not exceeding RM50,000 or to imprisonment for a term not exceeding three years, or to both. The seven days’ notice requirement does not apply in an emergency, and forcible entry may be effected — ‘emergency’ includes any circumstance that materially increases the likelihood of flood or danger to life or property arising from the leakage.
That penalty is the single most useful fact in this whole procedure, and it is the one most owners and quite a few committees do not know exists. It is worth quoting in your written notice.
This is general information about the procedure, not legal advice. A specific dispute is worth taking to the Commissioner of Buildings or a lawyer.
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