Wall or ceiling seepage, or a burst pipe: who is responsible? How to claim when owners, the OC and management pass the buck

Who is responsible for a leak? Start with where the water comes from

The Buildings Department says owners and occupants are responsible for properly managing and maintaining their buildings, including resolving water seepage. Who has to deal with it mainly depends on whether the source is a private flat or the building’s common parts.

The scope of “common parts” depends on your building’s deed of mutual covenant – this is a general guide only.

5 steps when you have seepage or a burst pipe

1. 1

   Keep evidence

   Photograph and film the seepage spot, the extent of water marks and damaged items, and note when it started and each time it got worse; keep damaged items, purchase receipts and repair quotations.

2. 2

   Notify the people involved in writing

   Use the template below to notify the management office and OC, copying the owner of the flat upstairs or the affected flat, and ask them to find the source and repair it. Keep proof of sending and every reply.

3. 3

   Contact the right body for the source

   If you suspect the flat upstairs, email your Regional Joint Office (addresses above); for external walls, roofs or common pipes, ask the OC to have professionals inspect; for leaking water supply pipes inside a flat, you can call a licensed plumber.

4. 4

   Try mediation

   For seepage disputes you can apply to the eBRAM Pro-bono Online Mediation Scheme for Water Seepage Disputes – it’s free, but both parties must agree. For building management disputes, your District Office can also help arrange meetings.

5. 5

   Claim compensation

   If mediation fails, claims of HK$75,000 or less can go to the Small Claims Tribunal, where neither side may be represented by a lawyer (CLIC); the Lands Tribunal can hear disputes under the Building Management Ordinance. Get legal advice before filing.

Replace the [ ] parts with your details and give it to the management office and OC (get a signed receipt if delivering by hand, or use email), with a copy to the owner of the flat concerned.

Subject: Request to investigate water seepage / burst pipe and arrange repairs ([Building name], [Block], [Floor and flat])

To: [Property management company] Management Office
and the Management Committee, Incorporated Owners of [Building name]
Cc: Owner of [upstairs / affected flat]

I am the owner / occupant of [Floor and flat], [Building name].

Since [date], my flat has had water seepage at [location, e.g. bedroom ceiling, living room wall near the external wall] / has been flooded because a pipe at [location] burst, as follows:
[For example: ceiling paint peeling and water dripping continuously; floor and furniture damaged]. Photos and videos are attached.

I request that you:
1. Arrange for staff or professionals to inspect the source of the seepage as soon as possible, and tell me the result in writing;
2. If the source is in the common parts (e.g. external wall, roof, common pipes), the owners’ corporation arrange repairs and notify its insurer;
3. If the source is in another flat, help notify the owner concerned to carry out repairs;
4. Reply in writing with the repair arrangements and expected timing.

I reserve the right to claim compensation for my losses.

Attachments: photos, videos, list of damaged items, repair quotation (if any).

[Name]
[Phone / email]
[Date]