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. 57(5) | Form 28 (5-day deadline) | Management issues Form 28 certificate within 5 days of inspection |
| Regs. 58–62 | Liability rules | Four-rule matrix for who is responsible |
| Reg. 63 | COB escalation | Owner may refer to COB if dissatisfied |
(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)
The most important rule in the Regulations 2015 is the rebuttable presumption: unless proven otherwise, the defect causing inter-floor leakage is presumed to be within the parcel above the affected parcel (Source: Strata Management (Maintenance & Management) Regulations 2015, Reg. 58; MahWengKwai & Associates, FAQ on Inter-Floor Leakage & Party Wall Damage in Strata Schemes, Mondaq 2022).
What 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 refuses or fails to issue Form 28 within the 5-day deadline, that itself is a breach of the Regulations and grounds for a COB complaint. 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? →.
Tell us what you need — we reply within the hour.