Introduction

If you cannot resolve the water seepage problem with your neighbor(s), please call "1823" for assistance.  Upon receipt of a water seepage report, the Regional Joint Office will carry out a preliminary investigation.  If the seepage has posed a sanitary nuisance, the Regional Joint Office will act in accordance with the relevant provisions of the Public Health and Municipal Services Ordinance (Cap.132).

If the seepage is mild or intermittent, or if the source of seepage cannot be identified after investigation, Government intervention will cease.  If the seepage is actionable, the Government may enforce the relevant provisions of the Public Health and Municipal Services Ordinance (Cap. 132) to abate the nuisance caused by water seepage.

If necessary, the cases may be referred to the Buildings Department or the Water Supplies Department for follow up action.  For example, the Buildings Department may tackle the problem of building dilapidations and defective drains under the Buildings Ordinance (Cap. 123), while the Water Supplies Department may check if there is any wastage of a supply under the Waterworks Ordinance (Cap. 102).

If there is sufficient concrete evidence to prove a contravention of the law, the Regional Joint Office may exercise its statutory powers to follow up with investigation and enforcement.

The owners / occupants can also refer to the 'Notes to Owners / Occupants on the General Procedures for Investigating Water Seepage':

• For Islands, Kwun Tong, Mong Kok, Sha Tin, Southern, Tsuen Wan, Yau Tsim Districts
• For Central / Western, Eastern, Kowloon City, Kwai Tsing, North, Sai Kung, Sham Shui Po, Tai Po, Tuen Mun, Wan Chai, Wong Tai Sin, Yuen Long Districts

Rainwater Seepage

Under normal circumstances, seepage caused by the penetration of rainwater through roofs, flat roofs, balconies, external walls or windows of a building or from leaking water pipes will not have public health implications and is not nuisance actionable by the Regional Joint Office under the Public Health and Municipal Services Ordinance (Cap. 132).  Nonetheless, the Regional Joint Office may advise the Incorporated Owners to hire building professionals to inspect the external walls / main roof of the building, and registered contractors to carry out repair works.  If necessary, the Regional Joint Office may refer the case to the Buildings Department which will follow up on building safety matters.

Investigation Time

The Regional Joint Office will normally contact the informant within six working days upon receipt of a report.  Staff will first inspect the affected flat and then enter the flat under complaint to carry out non-destructive tests systematically, in order to identify the seepage source. For simple and straightforward cases, and with the cooperation of the concerned owners / occupiers, the Regional Joint Office may normally complete the investigation and inform the informant of the outcome within 90 working days. If the investigation cannot be completed within 90 working days, the Regional Joint Office will notify the informant of the investigation progress in writing.

When handling a seepage report, we look to the parties concerned to cooperate and give our investigation officer access to the premises for testing and collecting evidence, in order to identify the seepage source.  Depending on the circumstances, it may be necessary to conduct several tests and collect different samples for examination.  If the owner/occupant concerned refuses to cooperate, the investigation process may take longer as the Regional Joint Office will have to apply to the Court for a warrant to enter the flats in question.

Statutory Powers

The Regional Joint Office has been authorised to enforce the relevant provisions of the Public Health and Municipal Services Ordinance (Cap. 132).  Where the source of seepage posing a nuisance is identified, a Nuisance Notice will be issued to the person causing the nuisance requiring the abatement of nuisance within a specified period of time, failing which the person concerned will be subject to prosecution.  The maximum penalty is a fine of HK$10,000 and a daily fine of HK$200.  The Regional Joint Office may also apply to the Court for a Nuisance Order ordering the person concerned to abate the nuisance.  Failure to comply with the order will result in prosecution.  The maximum penalty is a fine of HK$25,000 and a daily fine of HK$450.