Strata Management Act 2013 Leakage

It is a defect of the common property if the leakage has originated from any infrastructure that serves more than one unit.

Strata management act 2013 leakage. Under the strata management act 2013 it is a statutory presumption that an inter floor leakage is originated from the upper floor unit unless its owner can prove otherwise. In february 2013 the strata management act 2013 sma was passed by parliament. If you live in a high rise building and have an inter floor leakage issue you can be rest. Typical cases concerning inter floor leakage involve water leakage that emanates from the unit directly above causing damage to the unit below.

The presumption in section 101 8 of the building maintenance and strata management act bmsma cap. 30c will then operate in presuming that the apartment above is responsible for such a leak. The strata management maintenance and management regulations 2015 smr recognizes the problems associated with inter floor leakage and provides for it systematically by laying out specific obligations procedures and timelines for the relevant parties. The fine imposed is up to rm50 000 or imprisonment of up to three years or both under regulation 63 2.

With that came a presumption in law under section 142 of the sma that if the leakage is on the ceiling then such leakage is presumed to be from the parcel above unless it is proven otherwise.