Legal Question in Real Estate Law in India
Whether society is responsible to stop the rain water leak from an open terrace to a flat below
1 Answer from Attorneys
18.09.2013
Dear Sir / Madam,
Maintenance of the Society building and premises is the joint responsibility of all the members. You have not mentioned the present age of the building. Broadly speaking, if the Society building is less than 15 years old, and God forbid, if there is water seepage from the terrace into the top floor flats, the Society should summon the concerned Developer and request him to carry out water-proofing of the entire terrace by a qualified Civil Engineer & Contractor at his cost. If the Society building is more than 15 years old and less than 50 years old, a proper examination of all the top floor flats where there is water seepage from the terrace by the Repairs Committee is important, and every five years complete waterproofing of the terrace by a qualified Civil Engineer & Contractor is recommended to be carried out by the Society, to enhance the life of the building. If the building is more than 50 years old, the Society should not look at major repairs as the solution, since water proofing will have to be carried out every alternate year, hence redevelopment should be the focus of the Society.
Regards,