My upstairs neighbour causes water leakage. Who pays?

What the Law Says

The Building Maintenance and Strata Management Act (BMSMA) sets out clear responsibilities for owners whose actions cause damage to other units — including water leakage from upper floors.

Under Section 13 of the Building Maintenance and Strata Management Act, an owner must not do anything that causes damage to another person’s property — including allowing water to leak from their unit into a neighbour’s unit.

This duty applies regardless of whether the leak is due to negligence, poor maintenance, or faulty fixtures. The law places the legal and financial responsibility squarely on the owner of the unit where the leak originates.

The affected neighbour can request the strata council (Management Corporation) to intervene, and if necessary, the MC may issue a notice requiring the responsible owner to carry out repairs and compensate for damage.

Statutory Text

An owner of a parcel shall not do or permit anything to be done in or about his parcel which causes damage to any other parcel or to the common property.

— Building Maintenance and Strata Management Act, s. 13 — Duty of owner not to cause damage

What to Do

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