• Leak from ceiling in the apartment below my apartment

My downstairs apartment is experiencing water leak from their ceiling or my floor. The leak is in the center of their living room about 10-12 feet from any source of water in my flat. I have not made any modifications to my flat after I took it over from the builder. I have already worked with builder and changed the floor piping in the nearest bathroom. Now it is been long since builder handed over the flat and so he will not cooperate for further work. It appears that either I should pay or the owner downstairs should pay or both share the expense for repair. My question is who is legally responsible to pay for the repair - builder, or myself, or neighbor, or should be shared between me and neighbor ?
Asked 1 year ago in Property Law
Religion: Muslim

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8 Answers

Since number of years have passed since builder has delivered possession of flat he is not liable to carry out any repairs to plug the leakages 


2) you will have to pay  for carrying out repairs to your flat for plugging the leakages in flat below 

Ajay Sethi
Advocate, Mumbai
91325 Answers
6822 Consultations

5.0 on 5.0

It is the builder who should pay for repair. It is not downstairs flat owner in any case. Pipes have certain fixed life, in spite of repiping if there is leakage, the defect lies with quality of pipes and construction for which  the builder is absolutely liable.  

Ravi Shinde
Advocate, Hyderabad
3816 Answers
42 Consultations

5.0 on 5.0

If the builder is no more maintaining the building after handing over the possession to the society or the association, then it becomes the duty of the association to look into this matter and they will decide about the next course of action including the sharing of the expenses towards rectifying the same.

If the fault is found on the owner side then the society may decide about the expenses accordingly

In the meantime you may even consult a structural engineer about this and have a first hand information about the problem.

After that you may tackle the issue on the basis of the report obtained from the engineer 

T Kalaiselvan
Advocate, Vellore
81507 Answers
1835 Consultations

5.0 on 5.0

As you say, it may be a structural fault for which the builder is responsible. But, the builder may evade his responsibility. Practically, you and your neighbour downstairs have to get it fixed and share the cost equally.

Swaminathan Neelakantan
Advocate, Coimbatore
2409 Answers
20 Consultations

4.9 on 5.0

Hi... The expenses should be born by the society of the building from the maintenance charges. 



Ramakant Singh
Advocate, Delhi
34 Answers
4 Consultations

4.0 on 5.0

If its caused due to the builder it's better both of the owners file a case against the builder for the same before Consumer court. Otherwise share the same in equal proportion

Prashant Nayak
Advocate, Mumbai
29642 Answers
123 Consultations

4.1 on 5.0

- As per rule , the builder is responsible for the said leakage , but as he disappeared after selling the flat 

- Further, as you have earlier repaired the same after changing the piping , then for the said leakage you cannot be accountable. 

- However, try to settle the dispute amicably after contributing some amount for the expenditure .

Mohammed Shahzad
Advocate, Delhi
11216 Answers
150 Consultations

5.0 on 5.0

1. It is a prosecutable offence under the local Municipal laws, IF mentioned leakage continues from the above floor Flat, more so specifically since it corrodes & damages the Building, thus putting life & property at grave risk.

2. Typically both (Upper & Lower) Flat owners have to cooperate & share costs involved to remedy the leakages.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

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