Water Damage

Posted by PapaBear (148 days ago)

Hi, we are experiencing water damage in our apartment from the apartment upstairs (their balcony).

Unfortunately, the owner of the upstairs apartment is not cooperating to fix the balcony. This has been going on for a couple of years and we're fed up with it..

Can anyone recommend a govt dept to go thru for complaints to maybe enforce action? or a good lawyer? Any experience to share? Suggestions?

Thanks

(I am based in Hong Kong)

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Posted by little cloud (148 days ago)

Firstly, Food and Environmental Hygine Department to get the proof doc. (evidence) then go small claim. But if upstairs not open the door for Food and Environmental Hygine Department to run the test report (the color test), you may go straight to the lawyer.

(I am based in Hong Kong)

Posted by PapaBear (147 days ago)

Thanks. We're in a ground floor apartment. Is the FEH Dept effective in forcing the upstairs owner to take corrective action? how long does it take? can we also claim damages to inside walls?
thanks

(I am based in Hong Kong)

Posted by little cloud (147 days ago)

FEH is pretty effective when compare to other gov. department. They will give a very strong proof in court (their report) when the color test proof that the leakage is due to upstair owners. Hopefully, you may get the report within 4-6 months(back and forth with the department and the owners avaliable to open the door). Try to persuade them to run the test for you. Yes you can claim whatever it is reasonable, of course the court will also consider other factors. Most insurance companies or experience repair workers always has a standard pricelist.

(I am based in Hong Kong)

Posted by F355 (147 days ago)

In most cases, water seepage is caused by leakage from defective water pipes, sanitary fitments or drainage pipes. Usually, these defects can be rectified by simple repair works. Owners should directly engage a building technician or licensed plumber to identify the cause of seepage for prompt repairs. Please also refer to the investigation methods in the “Do-it-yourself Water Seepage Test” pamphlet as published by the Joint Office.





Owners have the responsibility for maintaining and managing their building, which include resolving any seepage problem. You should quickly approach your neighbour for investigation and repair work to resolve the problem if the seepage is suspected to originate from the flat on the upper floor or next door. Besides, assistance may be sought from the management firm or the Owners' Corporation of your building. Where necessary, you should with the engagement of a building professional or legal consultant request the responsible person to stop the seepage in accordance with the provisions under the Deed of Mutual Covenant, or even lodge a claim for damages.





If you cannot resolve the problem of water seepage with your neighbour, please call 1823 the Citizen's Easy Link for assistance. Upon receipt of the seepage complaint, the Joint Office will carry out a preliminary investigation. If the seepage has posed a sanitary nuisance, the Joint Office will act in accordance with the relevant provisions of the Public Health and Municipal Services Ordinance. If the seepage is mild or intermittent or if the source of seepage cannot be identified after investigation, Government intervention will cease.





The Joint Office set up by the Food and Environmental Hygiene Department and the Buildings Department aims to provide a “one-stop” service in dealing with complaints of seepage in buildings. Its role is to enforce the relevant provisions of the Public Health and Municipal Services Ordinance in abating any nuisance caused by water seepage. If necessary, the Joint Office will refer cases to the Buildings Department or the Water Supplies Department for follow up action. For example, the Buildings Department will tackle the problem of building dilapidations and defective drains under the Buildings Ordinance, while Water Supplies Department will check if there is any wastage of water under the Waterworks Ordinance.





According to the investigation work procedure, the Joint Office will contact the complainant within six working days upon receipt of a complaint. The staff will first inspect the site and then enter the flat under complaint to carry out non-destructive tests systematically so as to identify the seepage source. With the co-operation of the concerned owners/occupiers, normally the Joint Office will complete the investigation and inform the complainant of the outcome within 90 working days. If the investigation cannot be completed within 90 working days, the Joint Office will notify the complainant of the investigation progress in writing.





The Joint Office has been authorised to enforce the relevant provisions of the Public Health and Municipal Services Ordinance. Where the source of seepage is identified, the person concerned will be issued with a Nuisance Notice requiring the abatement of nuisance within a specified period of time, failing which the person will be subject to prosecution. Upon conviction, the person concerned is liable to a maximum fine of HK$10,000 and a daily fine of HK$200. The Joint Office 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.





When handling a seepage complaint, the cooperation of all parties concerned is essential to allow the investigation officer access for testing and collecting evidence inside both the complainant's flat as well as the other flat suspected to be causing seepage in order to prove the seepage source. Depending on the circumstances, it may be necessary to conduct several tests and collect different samples for examination. If the owner/occupant concerned refuses to co-operate, the investigation process may be extended as the Joint Office will have to apply to the Court for a warrant to enter the flat in question.

(I am based in Hong Kong)