أسئلة وأجوبة
Is it the responsibility of the owner or building management to fix leaking damages in new apartment?
I own an apartment in Dubai which I rent out. The apartment below has reported water damage, and now the building management company is holding me responsible, asking me to fix both the leak and the damage to the unit below.
I disagree with this for two main reasons:
1. The management company did not act quickly to stop the leak, and both my tenant and I were out of the country at the time. Had they intervened sooner, the damage could have been minimized.
2. I believe the leak may be due to construction defects or poor materials used by the developer. The building is less than three years old, and I bought the apartment directly from the developer.
I don't see how any of this is my or my tenant's fault.
I need legal advice on how to challenge this claim and understand my rights. Please let me know if you can help.
Check the management contract and real estate laws to know the responsibility.
✅ Get an engineering report that identifies the cause of the leak.
✅ Hold the developer responsible if the cause is a construction defect.
✅ Send a legal notice to the management company and the developer that you are not responsible.
✅ File a complaint with RERA if the problem persists.
Please contact us via phone or WhatsApp.
Under UAE law, if the damage is due to construction defects or poor materials used by the developer, the responsibility for repairs may lie with the developer or the construction company.
If you believe the management company failed to act promptly, you can file a complaint against them.
You can contact us via WhatsApp for more details, as we specialize in these types of cases and are ready to assist you.
Hello dear questioner,
You have the right to object to the claim if it is not the fault or the resulting damage that you had no hand in causing.
In objection, you can request the appointment of an expert in order to determine what caused the damage to occur, whether it was the fault of the developer and the damage resulting from the building materials or the fault of the management company.
If it was aware of the leak, it should have taken action to solve the problem. We can help you submit the objection.
For further discussion, please share your WhatsApp number.
Dear D.,
Thank you for reaching out.
Based on the details you provided, here is an outline of your rights and possible actions in this matter:
1. Responsibility for the Leak and Damage
As the owner of the apartment, you may be held responsible for water damage originating from your unit. However, there are important factors to consider:
Construction Defects: Given that the building is less than three years old, you may have grounds to claim that the leak is due to construction defects or poor materials used by the developer.
The developer could be responsible for addressing such issues under the warranty provided for new buildings. You should contact the developer to investigate if the leak is related to structural problems or faulty plumbing materials.
Building Management’s Role: The management company also has a responsibility to act promptly in response to issues such as leaks.
If the management failed to respond quickly enough, leading to further damage, there may be a case for their delay contributing to the extent of the damage. This could be an important point to address in your communications with them.
2. Damage to the Unit Below
As the property owner, you are generally responsible for repairs related to damage caused by a leak originating from your unit.
However, if the leak is due to construction defects or issues with the building's infrastructure, the responsibility may shift to the developer or the building management. You are not automatically liable if the damage resulted from factors beyond your control.
3. Steps to Take
Document the Issue: Ensure that you have clear photographic or video evidence of the water damage, the leak’s origin, and the delayed response from building management. This will support your case should you need to escalate the issue.
Contact the Developer: If you suspect construction defects or faulty materials, contact the developer directly. They may still be liable for repairs under their warranty, particularly if the building is within the first few years of construction.
Engage with Building Management: You should formally address your concerns with the building management company, specifically regarding their delayed response.
It may also help to escalate the matter through the Real Estate Regulatory Agency (RERA) if a resolution cannot be reached.
Legal Recourse: If the issue persists or if you are being unfairly held responsible, we can explore legal action against the developer or the building management to resolve the matter.
Conclusion
It appears you have legitimate grounds to challenge this claim, especially in light of potential construction defects and the delayed response from the management company.
I recommend taking the steps mentioned above to protect your interests, and I am available to assist further if you require legal representation in this matter.
Please let me know how you would like to proceed, and if you need assistance with drafting a formal complaint or any other documents.
Best regards,
Mohammed Salah
Legal Consultant
Hello,
In this situation, you have the right to dispute the claim and request a proper assessment of the cause of the water damage.
You can file a case requesting the court to appoint a specialist engineering expert to inspect the apartment and determine the exact cause of the leak.
If the expert’s findings confirm that the damage resulted from construction defects or poor materials used by the developer, you may not be held responsible, and liability may fall on the developer instead.
Additionally, if the building management company failed to act promptly to mitigate the damage, this could also be considered negligence on their part, which may reduce or eliminate any liability you might have.
Since the building is less than three years old, you may also have grounds to claim developer liability under warranty provisions, depending on the nature of the defect.
If you wish to proceed with legal action or need assistance in filing a claim to appoint an expert, I am available to help.
Please feel free to contact me by phone or via email to discuss your case further.
Wishing you a pleasant day ahead,
I understand the situation you're in, and it sounds frustrating. Being a practicing Lawyer, I would like to suggest you:
1. Collect all relevant communication with the building management, including emails, texts, and notices. This will help show that you acted responsibly and promptly.
Also, gather evidence of the damage in both your unit and the one below, as well as any photos or reports of the leak before it spread.
2. If you suspect that the leak is due to construction defects or poor materials, it might be worth hiring an independent expert (like a building engineer or contractor) to assess the leak's source.
If the leak is due to issues with the building's construction, this could help you build a case against the developer or the management company.
3. Review your building's insurance policy and your own (if applicable). Many insurance policies cover damages caused by leaks and may also help mitigate the cost of repairs.
4. If the management company continues to hold you accountable for the leak, you could consider disputing the claim through the Dubai Land Department’s Rent Disputes Center.
I hope this information helps and I wish your friend the best of luck.
