Water Seepage

Common causes of water seepage

• Leakage in the defective or broken drainage pipes of the upper, adjacent flat or your own flat
• Leakage in defective or broken water supply pipes of the upper, adjacent flat or your own flat
• Deterioration in the waterproofing of floor slabs or bath-tub seals
• Waste water or rain water seepage through roof or external wall of the building into your flat

 

Investigation and Prosecution action by the District Joint office/ Regional Joint Office (RJO)

Flat owner(s) / occupier(s) affected by the water seepage problem should make a complaint to the District Joint Office / Regional Joint Office (RJO). If the seepage has posed a sanitary nuisance after investigation by the District Joint Office / RJO will act accordingly under the Public Health and Municipal Services Ordinance, eg by issuing Nuisance Notice requiring the abatement of nuisance within a specified period of time, failing which the person will be subject to prosecution. The person being convicted is liable to a maximum fine of HK$10,000 and a daily fine of HK$200.

The District Joint Office / RJO may also apply to the Court for a Nuisance Order requiring the person concerned to abate the nuisance. Failure to comply with the order will result in prosecution. Upon conviction, the penalty will be a maximum fine of HK$25,000 and a daily fine of HK$450.

If the seepage is mild or intermittent or if the source of seepage cannot be identified after investigation, Government intervention will cease.

 

Engagement of professionals to investigate the causes of water seepage

Flat owner(s)/ occupier(s) may also engage a building technician or licensed plumber to identify the cause of seepage. Surveyor or loss adjuster may also be engaged to investigate and identify the source and cause of the water seepage. There are lists of building surveyors or consultancy firms compiled by the Hong Kong Institute of Surveyors (HKIS) who may be engaged for such cases.

 

Claim for damages

Flat owners/ occupiers affected by the water seepage problem should also engage lawyer to take legal action for recovery of damages or financial loss from replacing damaged furniture, equipment, costs for repair work arising from the water seepage problem.

 

 

For legal advice or services water seepage or water leakage, please contact CHOW & CHEUNG, Hong Kong Solicitors & Notary Public. [Tel: +852 2856 3799   Email: cac@ccsn.hk]

www.ccsn.hk

The above contents do not constitute legal advice and it should not be regarded as a substitute for detailed advice in individual cases. Transmission of this information is not intended to create and receipt does not constitute a lawyer-client relationship between Chow & Cheung and the user or browser. Chow & Cheung is not responsible for any third party content which can be accessed through the website.