Key points
The most wearing part of a leaking window edge is often not the repair but the question of who is responsible. The owner assumes it is the external wall and asks the management office; the office says it is the window frame and tells the owner to fix it; the flat upstairs says it has nothing to do with them. Months pass, the stain on the wall keeps growing, and nobody starts work. This article begins with the leak path, shows you how to judge responsibility against the Deed of Mutual Covenant, and explains when government departments can actually help.
First, Work Out Where the Water Is Coming In
Judging responsibility depends on finding the leak path. A leaking window edge usually follows one of four routes, each pointing to a different responsible party:
| Leak path | Typical symptom | Usually responsible |
|---|---|---|
| Failed glass sealant at the frame-to-wall joint | Water around the frame in heavy rain, pooling on the sill | Flat owner |
| Hardened or shrunken sash seals | Wind and rain enter along the sash edge; water even with the window shut | Flat owner |
| Cracked external render or structure | Stains on the wall beyond the frame, even where there is no window | OC / management company |
| The sill, balcony or air-conditioner recess of the flat above | Leak concentrated at the window head; still dripping after the rain stops | Owner of the flat above |
The causes and repair methods for all four paths are explained in Window Edge Leak Repair Options Compared. The point to stress here is that where the stain appears is not where the water enters. A stain in the middle of the wall may come from the joint at the top of the frame, or from the sill of the flat above. Until a water test or inspection has confirmed the path, no party should be assigning blame.
How the Deed of Mutual Covenant Divides It: The Window Is Yours, the Wall Is Everyone's
Ownership in a Hong Kong multi-storey building is divided by the Deed of Mutual Covenant. Every deed is worded differently, but most follow similar principles:
To check the deed, ask the management office for a copy or search the Land Registry. Look for the definitions of "common parts" and the flat, and the clauses on external walls and windows. Where the deed is silent, the definition of common parts in the Schedule to the Building Management Ordinance is usually the reference.
When Will a Government Department Step In?
Many owners call 1823 straight away expecting the Joint Office for water seepage to come round. Be aware that, according to the Buildings Department and Food and Environmental Hygiene Department Notes to Owners, rainwater entering through the roof, external walls or windows does not normally constitute a public health nuisance, and the Joint Office generally takes no action on such cases.
The Joint Office mainly handles seepage between flats, such as a leaking supply or drainage pipe upstairs affecting the flat below. Even when a case is accepted, it runs in three stages: confirming the degree of seepage first (a moisture reading of 35% or above is needed to proceed), then dye tests and reverse pressure tests, and if necessary consultants using infrared and similar methods to trace the source. A straightforward case typically takes around 90 working days.
In other words, most window-edge leaks have to be resolved by the owners themselves: have a licensed contractor diagnose the path, then negotiate with the owners' corporation or the flat above according to the deed.
Four Steps: From Evidence to Repair
A Typical Situation: A Pok Fu Lam Owner's Leak Dispute
An owner in a Pok Fu Lam estate found a stain appearing on the wall above the living-room window in every heavy rain. The management office's first reply was that it was "an old window-frame problem, the owner's responsibility". The owner had a technician water-test the window: hosing the outside of the frame produced no leak indoors, but hosing the external wall above the window head made the stain spread immediately, proving the source was a crack in the external render, not the frame. The owner passed the test footage and the written report to the owners' corporation, which had its external-wall contractor seal the crack, and the problem was resolved. During the same visit the technician found the frame's glass sealant had shrunk, so the owner had it re-applied at their own cost, closing the second leak path.
Frequently Asked Questions
The management office says window-edge leaks are always the owner's responsibility. Is that right?
Not necessarily. The frame and the glass sealant joint are usually the owner's, but the external wall beyond the frame is a common part. If the office simply says "always the owner's", ask it to point to the clause in the deed and submit your contractor's diagnosis report.
Can I repair it first and claim the cost from the owners' corporation afterwards?
If the leak is serious, a temporary repair first is reasonable, but keep the evidence and quotations and notify the corporation in writing beforehand. Whether a claim succeeds depends on the deed and the evidence, so take legal advice first.
The leak has caused mould on the wall. Does insurance pay?
Some home insurance policies cover damage to household contents caused by water seepage, but they generally do not cover repairs to the window frame or the waterproofing works themselves. Check the terms of the individual policy.
Does a window inspection check for leaks?
A mandatory window inspection checks the safety condition of the windows — hinges, handles and glass — and is not a waterproofing test. But when a qualified person from Amgen Windows inspects your windows and finds failed glass sealant or seals, they will tell you at the same time.
In Short: Diagnose First, Then Assign Responsibility
Nine out of ten disputes over a leaking window edge come from parties blaming each other before the leak path has been found. Have a licensed contractor confirm where the water is coming in, then check the deed, and responsibility becomes clear. Amgen Windows, licence number MWC 316/2021, provides on-site leak diagnosis and waterproofing and leak repair works, with a report you can use when dealing with the owners' corporation. WhatsApp 6586 3435 to book an on-site assessment.
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