A. Practical checklist for handling water seepage

A. Practical checklist for handling water seepage

1. If water is near electrical fittings, switch off the affected circuit if it is safe to do so, avoid touching wet switches or appliances, and call a qualified electrician if necessary.  

2. Take reasonable steps to mitigate loss, such as moving furniture, using buckets, drying affected areas, and preventing mould, while preserving evidence. 

3. Record the problem immediately. Take dated photos and videos of stains, dripping or active seepage, mould, peeling plaster, spalling concrete, damaged furniture, and wet floors, walls, ceilings, and electrical fittings. Keep a short log of dates, time, weather, and whether the seepage worsens after rain or water use. 

    

   Relevant sections: Assistance; Factual and documentary evidence.  

4. Avoid disposing of damaged items or carrying out full reinstatement before documenting the damage and, where appropriate, allowing inspection by the other side, insurer, expert, or loss adjuster. If urgent repairs are necessary, record the condition carefully first. 

5. If you are a tenant, notify your landlord immediately, keep records, and check the tenancy agreement for repair obligations and access arrangements. If you are a landlord, coordinate with the tenant to preserve evidence, allow inspections, and avoid delay in repairs. 

6. Report the matter to the insurer immediately upon noticing the problem if you have home insurance for third-party liability. Do not agree settlement terms without checking the policy or insurer’s position. 

7. Notify the management office and affected neighbours early. Report the seepage to the building management or management office, ask them to make an incident record, and request coordination with the suspected source flat for inspection and repair. 

    

   Relevant sections: Assistance; Parties to proceedings; Factual and documentary evidence. 

8. Preserve all correspondence and complaint records. Keep emails, WhatsApp messages, letters to neighbours, management office records, Joint Office for Investigation of Water Seepage (“Joint Office”) correspondence, notices, and repair requests. These may help prove knowledge, delay, refusal of access, or failure to repair. 

    

   Relevant sections: Factual and documentary evidence. 

9. Collect evidence of loss and repair costs. Keep quotations, invoices, receipts, tenancy records, rent reduction evidence, alternative accommodation bills, records of damaged objects, and medical records if health effects are claimed. 

    

   Relevant sections: Factual and documentary evidence; Remedies. 

10. Identify the likely source. Consider whether seepage comes from a private flat, common pipes, external walls, roof, structural slab, rooftop waterproofing, or other common parts. 

     

    Relevant sections: Sources of water seepage. 

11. Consider common causes. Possible causes include leaking pipes, failed waterproofing, defective sealants, sunken slab issues, roof or wall ingress, blocked drains, window defects, condensation, or renovation damage. 

     

    Relevant sections: Common causes of water seepage. 

12. Arrange proper investigation, not just visual inspection. Visual inspection alone is usually insufficient because water may travel through cracks, joints, conduits, slabs, or other hidden paths before appearing elsewhere; professional assessment is usually needed. Use appropriate tests depending on the suspected source. 

     

    Relevant sections: Technical testing and diagnostic methods. 

13. Engage qualified professionals where necessary. If the source is unclear or litigation is anticipated, consider appointing a building surveyor, engineer, registered inspector, licensed plumber, waterproofing specialist, or other suitably qualified expert. Expert evidence helps identify the source, path of water penetration, cause, required repairs, and whether the nuisance has stopped. 

     

    Relevant sections: Expert evidence. 

14. Request access and cooperation in writing. If inspection of a suspected source flat is needed, make written requests and keep records. If the matter proceeds to court, refusal to cooperate may become relevant, and the court may have power to order inspection in suitable cases. 

     

    Relevant sections: Assistance; Inspection powers. 

15. Contact the Joint Office if private coordination fails. If the matter cannot be resolved with neighbours or management, report it to the Joint Office through 1823. The Joint Office may inspect, test, issue Notification Letters or Nuisance Notices, and take statutory nuisance action in suitable cases. 

     

    Relevant sections: Assistance; Government regulation through the Joint Office for Investigation of Water Seepage Complaints. 

16. Identify the correct responsible party before making a claim. If the defect is inside a private flat, the owner or occupier may be responsible. If it is in common parts, the Incorporated Owners or building manager may be the proper party. Contractors may be involved if defective works caused the seepage. 

     

    Relevant sections: Parties to proceedings. 

17. Consider mediation before suing. Water seepage disputes often involve neighbours who must continue living in the same building. Mediation may help arrange access, testing, repairs, cost-sharing, or compensation without immediate litigation. 

     

    Relevant sections: Assistance. 

18. Seek legal advice if the owner of the suspected source flat refuses to repair or liability is disputed. Possible claims may include private nuisance, negligence, breach of the DMC, breach of statutory duties under the Building Management Ordinance (Cap. 344), and recovery of repair costs or damages. 

     

    Relevant sections: Assistance; Civil litigation. 

19. Check limitation periods early. Nuisance and negligence claims are generally subject to a 6-year limitation period, while breach of DMC claims have a 12-year limitation period.

     

    Relevant sections: Limitation periods. 

20. Choose the correct forum. Small Claims Tribunal handles money-only claims up to $75,000. Larger claims and injunctions may require the District Court, the Lands Tribunalor High Court. 

     

    Relevant sections: Jurisdiction and appropriate forums. 

21. If repairs are agreed or ordered by the court, verify completion. After remedial works, arrange follow-up inspection or expert certification to confirm whether the seepage has stopped. 

     

    Relevant sections: Single joint expert; Expert evidence at the remedial stage; Remedies.