Neighbour’s Aircon Water Dripping on My Unit
in Malaysia: Rights & Remedies

This guide is for general information only. For legal advice on a specific dispute, consult a Malaysian property or civil litigation lawyer.

Why does aircon condensate drip onto the neighbour below?

All air-conditioners produce condensate water as a by-product of the cooling process. This condensate must be drained away. In a well-installed system, a condensate drain pipe carries the water to an approved floor trap or drainage point inside or immediately outside the owner’s own unit. Dripping onto a neighbour’s unit or common property happens when:

• The condensate pipe is not installed or has been removed — condensate simply drips off the outdoor compressor or from the FCU tray.
• The condensate pipe is too short or poorly routed, discharging over the balcony railing or slab edge rather than into a drain.
• The drain pipe is blocked by algae, dust, or debris — the tray overflows and drips through or over the parcel boundary.
• The aircon is installed on a wall facing the unit below without a proper drainage connection.

In older high-rise developments, it is common for condensate to be routed down external walls or over balcony edges with no proper drain connection. While this may have been the original installation, it is still a by-law breach if it affects a neighbour.

The strata by-law breach

Under the Third Schedule of the Strata Management (Maintenance & Management) Regulations 2015 (P.U.(A) 107/2015), proprietors are required to maintain their parcels and all installations within their parcels — including air-conditioner drainage — in proper working condition, and must not cause any nuisance or annoyance to other proprietors or allow any leakage or seepage into other units. Specifically relevant provisions include:

• By-Law 5 (maintenance of parcel): The proprietor must keep all sanitary fittings, water pipes and utility installations within their parcel in good repair so as not to cause damage or nuisance to others.
• By-Law 13 (nuisance and annoyance): A proprietor shall not use their parcel or permit it to be used so as to cause nuisance or annoyance to any other occupier or proprietor.
• By-Law 18 (drainage of air-conditioners): Air-conditioner condensate outlets must discharge to an approved floor trap or drainage point within the proprietor’s own unit or at the approved designated area — not over a parcel boundary or onto common property.

A condensate pipe that drips onto the unit below, or that directs water down the common facade to a lower-floor balcony, is a breach of these by-laws. The management body (JMB or MC) has both the power and the duty to enforce the by-laws and to direct the offending proprietor to rectify the drainage.

Private nuisance at common law

Beyond the by-law regime, dripping condensate that causes damage or a substantial interference with the enjoyment of your unit constitutes private nuisance under Malaysian common law. Malaysia follows the English common law of nuisance, as applied and developed by Malaysian courts. The key elements are:

• Unreasonable interference with the use and enjoyment of your land or property. Regular dripping of water onto your balcony, furniture, or into your unit through window gaps easily meets this threshold.
• Damage. Nuisance is more easily established where there is physical damage — water staining walls, damaging timber, rusting furniture — than where the complaint is purely of annoyance.
• Continuity. A one-off incident is unlikely to ground a nuisance claim; a recurring problem that you have notified the neighbour about is more clearly actionable.

The remedies for nuisance at civil law are:

• Injunction — a court order directing the neighbour to fix the drainage and stop the dripping.
• Damages — compensation for repair costs, replacement of damaged items, and diminution in enjoyment of your unit.

Civil court action is typically used only as a last resort after management and Tribunal remedies have been exhausted. For most strata condensate complaints in Malaysia, the Tribunal is faster and cheaper.

Remedy comparison: by-law vs nuisance vs Tribunal vs court

Step 1: Complain to your JMB or MC management

Your first step is always to write a formal complaint to your JMB or MC management. Do this in writing — WhatsApp to the management office number is fine if you keep the records, but a letter or email creates clearer documentation.

• State the unit number of the dripping aircon and your own unit number.
• Describe when the dripping occurs and what damage it has caused.
• Attach photos and/or video showing the dripping and any damage.
• Request that management direct the neighbour to fix the condensate drainage within a stated period (e.g. 14 days).

The management body is obliged under the Third Schedule by-laws to enforce the drainage rules. If management ignores your complaint or takes no action after a reasonable period, proceed to Step 2.

Step 2: Commissioner of Buildings (COB) complaint

If management fails to act on a by-law breach, you may file a written complaint with the Commissioner of Buildings (COB) of your local authority. The COB can:

• Direct the JMB or MC to enforce the by-laws and require the offending proprietor to rectify the drainage.
• Issue a notice to the offending proprietor directly in serious or persistent cases.
• Levy a fine on the management body for failure to enforce the by-laws.

Submit your complaint to the COB with copies of your original management complaint, photos, and evidence of management’s failure to act. COB contact points: DBKL (KL), MBPJ (PJ), MBSA (Shah Alam), MPAJ (Ampang Jaya), MPSJ (Subang Jaya).

Step 3: Strata Management Tribunal claim

The Strata Management Tribunal, established under Part IX of the SMA 2013, has jurisdiction to hear disputes between proprietors arising from by-law breaches and nuisance in strata developments. Its jurisdiction extends to claims of up to RM250,000. Key features:

• Filing fee: RM100 for claims up to RM250,000.
• No lawyer required — parties can represent themselves, though legal representation is allowed.
• Order can include: payment of compensation for damage; an order directing the offending proprietor to fix the drainage within a specified time; a fine for continued breach.
• Awards are enforceable as court orders.

To file a Tribunal claim, visit the Strata Management Tribunal office at your local authority or access the e-Filing system. Bring your evidence: photos, repair invoices, written communications with the neighbour and management, and a completed claim form. See our full guide: Strata Management Tribunal in Malaysia →.

Step 4: Civil court action for nuisance

Civil court action is appropriate where:

• Your claim exceeds RM250,000 (e.g. significant structural damage).
• You need an injunction to immediately stop the dripping pending a full hearing.
• The Tribunal has issued an order but the neighbour has refused to comply and enforcement via court is required.
• The neighbour is a tenant and the dispute requires joining the landlord as well.

Civil actions for nuisance in Malaysia are heard in the Magistrates’ Court (claims up to RM100,000), Sessions Court (up to RM1 million) or High Court (above RM1 million). Legal costs will apply — consult a property litigation lawyer to assess cost-benefit before proceeding.

Evidence to gather

Your chances of success at any forum — management, COB, Tribunal or court — improve significantly with strong documentation:

• Photos and video of the dripping in progress, with timestamps. WhatsApp photos are admissible.
• Photos of damage: water stains, mould, rust, damaged furniture, structural damage.
• Repair invoices and quotations: written quotes from licensed plumbers or aircon technicians for the cost to fix the offending unit’s condensate drainage, and invoices for any repairs to your own unit.
• Written complaint records: copies of all WhatsApp messages, letters and emails to management and to the neighbour.
• Neighbour’s response or lack of response: screenshots of the neighbour refusing to fix the issue or ignoring your requests.
• Building inspection report: if the damage is significant, a licensed building inspector’s report strengthens your case considerably.

Recovering repair costs from the neighbour

You are entitled to claim the reasonable cost of repairs caused by the neighbour’s dripping condensate. This includes:

• Repainting or replastering water-stained walls or ceilings.
• Replacing or restoring damaged furniture, flooring or fixtures.
• Mould remediation costs.
• Professional assessment fees (if you paid for a building inspector or plumber to confirm the source).

The Tribunal can award compensation for these costs if you file a well-evidenced claim. Ensure you obtain at least two independent quotes from licensed contractors for all repair items — speculative or unquoted amounts are harder to recover.

If the aircon was installed by a contractor who was negligent, you may have a separate claim against the contractor. See our guide on aircon servicing → and strata nuisance complaints →.

If your aircon is the one dripping: what to do

If you receive a complaint that your aircon is dripping onto a neighbour below, act promptly to avoid liability escalating:

• Engage a licensed aircon technician to inspect the condensate drainage of all your aircon units. A routine servicing visit should include checking drain pipes.
• Fix the drainage immediately. A proper condensate drain extension to a floor trap inside your unit costs approximately RM150–RM400 per unit — far cheaper than Tribunal or court costs.
• Respond in writing to the neighbour’s complaint acknowledging the issue and confirming the repair date. This demonstrates good faith and may head off a formal complaint.
• Notify management that you are aware and taking action — this helps management close the complaint file.
• If the aircon was installed recently by a contractor, refer back to the installer for a warranty repair if the faulty installation is within the warranty period.

Sources & official references

• Strata Management Act 2013 (Act 757) — Part IX (Tribunal); sections 70–107; lom.agc.gov.my
• Strata Management (Maintenance & Management) Regulations 2015 (P.U.(A) 107) — Third Schedule by-laws (By-Laws 5, 13, 18 — maintenance, nuisance, aircon drainage); Lee & Partners (PDF)
• Yew Huoi, How & Associates, "Strata Title — Management — Trespass and Nuisance" — yhalaw.com.my
• Strata Management Tribunal — RM100 filing fee, up to RM250,000 jurisdiction; ClickBina Tribunal guide →
• Commissioner of Buildings (COB) — local authority supervisory body under SMA 2013
• Gan & Zul Advocates, "Neighbours Disputes — What Can We Do Against Nuisance Neighbours?" — ganzul.com.my