I'm a owner of a newly build flat and therefore my student daughter moved in at the beginning of April 2012. The same evening i had to phone services because when we flashed the toilet the sounds came through the bath and shower pipes and then water was pushing up through the shower drain. The plumber came out but could'nt see anything. So 3 weeks ago my daughter came home for a break and when she got back at her flat she found that her flat was under sewage water. She was told that it is the water of owner in flat above her and also that it also happened to another newly build unoccupied flat. Firstly they told us that they will pay for damage to furniture and cupboards but now they just say that it is our problem. I only paid 1 installment and now i've got this problem. How can i know if this new flat's infrastructure/pipeline/sewer system is according to law and health. i cannot pay for my neighbor's on top's sewer.Elma de KockKathu
Good day. This is an info request to assist you better. Please continue on this thread.Is this Sectional Title Flats?
Yes, we own 1 flat of complex flats and there is rules and regulations
When did you take transfer of the property?
3 April 2012 we received the keys
And you bought directly from the developer?
Yes we heard about new developing flats to be build and therefore took a loan with Absa Bank to buy.
But, if I understand you correctly, there is nothing wrong with your flat, it is the flat above that is causing the problem. In other words, there is no defects in your flat?
My daughter visited me for 2 weeks and when she returned to the flat it was filled with sewage water. It seems like top flat and ours are connected to each other or where does the sewage water come from?
1. The first thing that you need to know is to found out where the problem originates from, what is the cause of this problem and whether this could have been prevented by, for instance, proper planning, better materials etc. This, I cannot help you with. You are going to have to get in a plumber of some sort to investigate what the problem could be. 2. If it is shown that this problem occurred due to poor workmanship or a fault in the design of the system or something that could have been prevented if the people who did it knew what they were doing, then you can hold the developer liable for your damages and force him to repair it. 3. The Housing Consumer Protection Measures Act, gives you a guarantee on your building for up to five years for structural defects, three years for latent defects, roof leaks in the first year. So, your claim would be against the developer in this instance. 4. Unfortunately, this is going to take a while and you may require the assistance of an attorney, in which case I suggest you find someone who deals with building disputes on a regular basis.
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