Over the past few decades, Malaysia has undergone a remarkable urban transformation. The country’s relentless drive for progress has spurred the development of high-rise buildings, catering to the increasing demand for space within urban areas. This shift has led to a pronounced demographic shift, with more and more Malaysians opting for high-rise living as their preferred lifestyle choice.

As Malaysia’s urbanisation accelerates, soaring skyscrapers have become the quintessential symbol of modern living. The allure of high-rise living is undeniable, offering panoramic views, enhanced security, and access to urban amenities. However, amidst the vertical marvels lies an insidious problem that plagues many strata development: inter-floor leakage. This pervasive issue has emerged as recurring nightmare, affecting a substantial number of parcel owners residing in high-rise buildings across the nation.

In this 101 article, we shall delve into the intricate solutions for inter-floor leakage within the context of Malaysia Strata Management Act 2013. We explore the potential solutions under the law to this prevalent challenge that has cast a shadow on the otherwise promising landscape of high-rise living. By shedding light on this pressing matter, we seek to ease the headaches encountered by both parcel owners and/or stakeholders and to navigate through the turbulent waters of inter-floor leakage with the necessary understanding and actionable strategies. In the subsequent sections of this article, we explore this issue in the form of FAQs (frequently asked questions) for the ease of your understanding.

1. What does ‘inter-floor leakage’ means?

It means any evidence of dampness, moisture or water penetration on the ceiling (be it at the interior of a parcel, common property or limited common property) or any furnishing material (such as plaster, panel or gypsum board) applied to the ceiling (be it at the interior of a parcel, common property or limited common property).

2. What is the law governing inter-floor leakage under strata scheme?

Strata Management Act 2013 (“SMA 2013”) and Strata Management (Maintenance and Management) Regulations 2015 (“SMR 2015”).

3. Who should be liable for the inter-floor leakage issue?

	Within Unit Parcel	Within Common Property
Defects within Defect Liability Period (“DLP“)	Developer (mainly regulated under Sale and Purchase Agreement)	Developer
Defects after DLP	Parcel Owner of the Parcel above or Building Management (as it may be)	Building Management

4. What are the procedures for the inter-floor leakage under a strata scheme?

5. What is the measure available in the event that Building Management or a Parcel Owner fails to act accordingly?

You may lodge a complaint to a Commissioner of Building and/or request the Building Management to take the necessary action permitted under SMR 2015.

Ultimately, you may resort to file your complaint in a Strata Management Tribunal for an Award against the perpetrators.

6. Does a Parcel Owner have right to reject the request for inspection or to rectify the inter-floor leakage?

Upon receipt of the written notice, such Parcel Owner shall allow the access within 7 days from the date of receipt and the exercise of forcible entry into the said parcel is only limited and permitted in an emergency situation.

However, the consequence of denying the access may result a Parcel Owner to commit a criminal offence and may be liable to a fine not exceeding RM50,000.00 or to be jailed for a term not exceeding 3 years or to both.

7. What is the remedy available to a Parcel Owner in the event that the Parcel Owner disagrees with the findings/determination of the inspection under the Certificate of Inspection (Form 28)?

Generally, Form 28 merely stipulates a presumption for the cause of the water leakage and the said Parcel Owner may rebut the said presumption by producing their own expert report or, alternatively, the said Parcel Owner may refer the unsatisfactory findings under Form 28 to a Commissioner of Building for determination of the cause of the inter-floor leakage and the party to rectify the said leakage.

Inter-floor leakage, a pervasive issue affecting many strata developments, serves as a stark reminder that progress must be met with an unwavering commitment to quality construction, maintenance and sustainable living practices. The journey through the depths of this issue has illuminated the multifaceted nature of inter-floor leakage, highlighting the need for a collaborative approach that engages all stakeholders – developers, building management, parcel owners and regulatory authorities.

In conclusion, the journey towards a solution-oriented approach to inter-floor leakage must be driven by collective action, informed decision-making and a commitment to fostering communities that thrive in harmony with their surroundings. While the complexities of inter-floor leakage may seem daunting, our exploration has also revealed rays of hope amidst the gloom.

Written By: Yap Jian Zhi, Nicholas Edited By: Low Chee Hau, Melvin

Note: This article does not constitute legal advice in any case. The facts in each and every case will differ and it is advisable for you to contact us for complimentary legal advice which best fits the scenario you may have encountered.