Seepage from the flat above is one of the most common, and most frustrating, disputes in Mumbai’s housing societies. It returns every monsoon, damages paint, plaster, wiring and furniture, and often ends in neighbours refusing to speak to each other. The law gives a clear starting point on who is responsible, and a set of steps that work better than arguments in the lift.
Who is responsible?
| Source of the leak | Usually responsible |
|---|---|
| Inside a member’s flat: bathroom or kitchen waterproofing, internal pipes, fittings | The member whose flat it comes from |
| Terrace, external walls, common pipes, drainage lines, structural defects | The society |
The model bye-laws for co-operative housing societies place internal repairs on the member concerned. In August 2026, the Maharashtra State Co-operative Appellate Court reportedly upheld a decision that a housing society cannot automatically be held liable for leakage caused by defects inside an individual member’s flat. The affected owner’s claim in such cases lies against the member responsible.
Check your society’s registered bye-laws, as some societies have adopted variations.
Steps that get the leak fixed
- Document it. Take dated photographs and videos of the damage, especially after rain or after the upstairs bathroom is used.
- Inform the upper flat owner in writing, politely, with the photographs.
- Complain to the society in writing, asking the managing committee to inspect.
- Inspection and engineer’s report. The society can inspect, with notice, and get a report from a structural engineer or plumber identifying the source.
- Society’s notice. If the leak is from inside a flat, the society can issue a notice to that member, with a copy of the report, giving a reasonable period (often 30 days) to carry out repairs.
- If the member refuses, the society, or the affected member, can approach the Co-operative Court for directions. A society can also recover costs it incurs on a member’s behalf as per its bye-laws.
- Damages. The affected owner can claim the cost of repairs and damage from the person responsible. A legal notice often settles this without a case.
If the society does nothing
- Write to the managing committee again, then raise it at the general body meeting.
- Complain to the Deputy Registrar of Co-operative Societies if the committee fails in its duties.
- If the leak is from a common area the society must repair, the society’s inaction can itself be challenged.
If the leak threatens the structure
Persistent leakage can weaken old buildings. If you see spreading cracks, exposed reinforcement, or falling plaster, ask the society to arrange a structural audit, and inform BMC if needed. See BMC dangerous building notices.
Tenants and licensees
If you live in a rented flat, inform the owner in writing; the owner deals with the society and the neighbour. Keep records in case of a deposit dispute later.
Frequently asked questions
The upstairs owner says the leak is from the society’s pipe. Who decides?
An inspection and an engineer’s or plumber’s report usually settles it. The society should arrange the inspection.
Can I enter the upstairs flat to check?
Not without the owner’s consent. Ask the society to arrange an inspection with notice.
Can the society add repair costs to my maintenance bill?
For common-area repairs, the cost is shared as per the bye-laws. For repairs inside your flat that the society carried out on your behalf, it can recover the cost from you.
See also: housing society charges and legal notices.
Consultations are by appointment. To fix a time, telephone +91 99301 50560 or send a message on WhatsApp.
This guide describes the general position as understood in October 2026. Each society’s registered bye-laws should be checked. It is not legal advice.