Seepage From the Flat Above in Mumbai: Who Pays and How to Resolve It
Leakage from an upstairs bathroom is one of the most common society disputes in Mumbai. How to find the cause, who is usually responsible, and how to get it fixed without a long fight.
A damp patch on your ceiling, right below the neighbour's bathroom, is a familiar Mumbai problem. Who pays depends on where the water is coming from.
Who is usually responsible
| Cause | Usually responsible |
|---|---|
| Bathroom waterproofing, tiles or internal pipes in the flat above | The member who owns the flat above |
| Common drainage stacks, main lines or outer walls | The society |
| Terrace leaks | Usually the society, as the terrace is common property |
| Your own internal pipes | You |
This is the general pattern under housing society bye-laws. Your society's adopted bye-laws decide the details.
Find the cause first. Arguing about who pays before anyone knows where the water comes from is how disputes drag on.
How to resolve it
- Document it: dated photos of the patch, and how it changes.
- Write to the society, not just the neighbour, and ask for an inspection.
- Get the cause identified by the society's plumber or a waterproofing contractor.
- Ask the society to direct the responsible party to repair within a time limit.
- Keep everything in writing. If it isn't resolved, members can take the matter to the Registrar or the cooperative court.
If the flat above is rented
The repair responsibility is usually the owner's, not the tenant's, unless the tenant caused the damage. If you're the owner of the flat above and live abroad, ask for photos and a quote before approving.
How we handle it
For flats we manage, the named manager raises the issue with the society, gets the cause identified and coordinates with the other owner. Repairs inside our owner's flat are paid from the TND Wallet at actual cost.
Frequently asked questions
Who pays for leakage from the flat above?
Usually the owner of the flat above, if the cause is inside their flat. If it's a common pipe or the terrace, usually the society.
Can the society force a neighbour to repair?
The society can direct members to carry out repairs. Persistent disputes can go to the Registrar or the cooperative court.
Related reading
General information, not legal advice.
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