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Leakage in a housing society: who pays for the repair?

Who pays for terrace, external wall, internal and flat-to-flat leakage in a Maharashtra housing society — the society or the member — and how to get it fixed.

Updated 2026-09-23

A damp patch on the ceiling is one of the most common reasons members fall out with each other or with their committee. The model bye-laws answer the main question, who pays, with a simple test: where does the water come from? If the source is a common part of the building, the society pays. If it is inside a member’s flat, that member pays.

This guide applies the test to the four usual cases. It uses the 2014 model bye-laws, which most societies have adopted, and notes where the draft 2026 bye-laws add detail.

Who pays for terrace leakage in a housing society?

The society. The society’s repair list in the 2014 bye-laws includes:

  • terrace and parapet walls
  • structural repairs of the roofs of all flats
  • all leakages due to rain water
  • the damaged ceiling and plaster of top-floor flats caused by rain water leaking through the terrace

These are BL 67(a)(ix), (x), (xiv) and (xvii). The same list is printed again as BL 158(a).

So a top-floor member whose ceiling is spoiled by terrace seepage should not be asked to pay for the waterproofing or for making good the ceiling plaster. The cost comes out of the common funds that everyone contributes to.

The draft 2026 bye-laws say the same. Terraces and terrace waterproofing are the society’s (dBL 45(b)), and the society must repair a leak that starts there “within a reasonable time” (dBL 49(c)).

Private attached terraces are less clear. Under the draft, the member maintains the finishes of an attached terrace, but the structure and waterproofing stay with the society (dBL 46(b)(viii)). The 2014 bye-laws do not separate the two. Check your flat agreement and your society’s registered bye-laws.

Who repairs external wall seepage and cracks?

The society. External walls and all rain-water leakage are on the society’s list (BL 67(a)(xiii)–(xiv)), even though the wall encloses one member’s flat. The draft adds external plaster, painting, façade treatment, chajjas and sunshades (dBL 45(b)).

The exception is damage a member causes himself. If he cuts into the wall for an air-conditioner or a new window and water gets in through that opening, the repair is his (dBL 46(b)(ix), 48(g), draft).

Water leaking from the upper flat’s bathroom: who pays?

The member whose flat is the source. BL 67(b) says repairs not on the society’s list are the members’ own. It adds that the cost of internal leakage from a toilet, sink and the like is borne by the flat holder concerned, who must inform the society.

A typical case is a leak from the bathroom above into your ceiling. If the cause is the upstairs member’s waterproofing, fittings or internal pipes, that member pays for the repair.

The exception is leakage from a common pipeline or drainage line, such as the main soil stack or the vertical supply line. That is the society’s responsibility (BL 67(a)(xiv)). The draft draws the line where the flat’s own internal pipeline begins (dBL 45(b)).

Where both a common part and the flat contribute, each side repairs its own part (dBL 49(h), draft). Damage to your interiors, such as paint or furniture, is a separate claim against whoever caused it.

What if the neighbour will not allow inspection?

The Secretary and a committee member may enter a flat on prior notice to examine it. The Secretary then reports which repairs are the society’s and which are the member’s (BL 46(a)).

If a member will not carry out his share of the repairs within the time the committee sets, the society may enter after due notice, do the work and recover the cost from him (BL 46(c)). The draft allows entry without notice in an emergency and recovers the cost as society dues after a hearing (dBL 49(g), 50, draft).

If the member keeps refusing, the society’s remedy is a dispute before the Co-operative Court under section 91.

Step-by-step checklist for a leakage complaint

  • Photograph the damage with dates and note when it gets worse, for example during rain or when the flat above uses water.
  • Complain in writing to the Secretary and ask for an inspection. Keep the acknowledgement.
  • Ask for the inspection report, which records whether the source is a common part or a flat.
  • For a technical dispute, ask the committee to appoint an architect, structural engineer or licensed plumber (dBL 49(e), draft).
  • If the source is another flat, ask the committee to serve notice on that member with a deadline (BL 46(c)).
  • Keep paying your maintenance. Withholding it makes you a defaulter.
  • If nothing moves, escalate: the Registrar’s office, then the Co-operative Court under section 91.

What the law says

  • 2014 BL 67(a) / 158(a): the society repairs terraces, roofs, external walls, rain-water leakage, common pipelines and drains, and top-floor ceiling damage from terrace leaks.
  • 2014 BL 67(b) / 158(b): all other repairs are the member’s, including internal leakage from toilets and sinks.
  • 2014 BL 46(a)–(c): inspection, notice, and repair at the member’s cost if he does not act.
  • Draft 2026 dBL 45, 46, 49 and 50: detailed lists for the society and the member, a leakage procedure and right of access. Draft 2026 dBL 186: urgent complaints, including leakage, to be decided within 7 days. These are draft and not yet in force.
  • Rule 106C-13(5)(a) (2026 Rules): the committee is responsible for repairing society property.
  • MCS Act section 91: disputes touching the business of the society go to the Co-operative Court.

A society’s registered bye-laws may have changed the model list, so check your own copy.

More on repairs and leakage: Repairs, leakage & structure FAQ.

Sources

General information, not legal advice. Your society's registered bye-laws may differ; for a dispute or a decision with legal or financial consequences, consult the Registrar's office, an advocate or a chartered accountant.

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