Water Leaks in a Cambodian Condominium: What an Apartment Owner Should Do

Prepared by the NovAsia Editorial Team

A leak in a condominium rarely ends with one damp ceiling. While the owner and tenant debate responsibility, water can continue through walls, damage flooring and enter the apartment below. Within hours, a pipe repair can become a drying project, a mould risk, damaged furniture, temporary accommodation and a dispute among several parties.

The owner's first task is therefore not to choose the payer. It is to stop the loss and preserve evidence. Water from the owner's appliance, a common riser, the roof, façade or apartment above requires different legal and technical analysis, but the initial response is similar: safety, isolation, building notification, source investigation and separation of emergency work from permanent repair.

The First Hours Determine the Scale of the Loss

During an active leak, speed matters more than a perfect investigation. The tenant, manager or building engineer should first consider electrical risk. If water has reached sockets, a distribution board, water heater or exposed wiring, simply switching off one appliance may not be enough. A qualified electrician or building technician should assess the area.

Next, stop the flow. The relevant control may be:

• an isolation valve below a sink;
• a washing-machine tap;
• the apartment's main water supply;
• a common valve controlled by building engineers.

Nobody should interfere with a common system or open a riser without building authorisation.

Initial notifications should normally go to:

• the apartment manager;
• the owner;
• reception or the building engineering team;
• the tenant in the affected apartment;
• the owner or occupant below, where water has travelled;
• the insurer, if the event may be covered.

The Cambodian Civil Code requires a tenant to notify the landlord without delay when the rented property needs repair. This does not make the tenant automatically responsible. The purpose is to allow the owner to reduce further damage. If a tenant saw water and waited, a later question may arise about the additional loss caused by delay.

Begin the incident log immediately:

1. When the water was discovered.
2. Who first saw it.
3. The first visible location.
4. What was isolated.
5. Who was notified and when.
6. When the flow stopped.
7. Which areas were affected.

Time-stamped messages and photographs are more reliable than recollection several days later.

The Visible Stain Is Not Necessarily the Source

Water can travel along slabs, shafts, ceiling voids and service channels. A stain in a bedroom may be some distance from the failure. "The ceiling is leaking" describes the symptom, not the cause.

Possible sources include:

• a flexible hose or appliance in the same apartment;
• shower waterproofing;
• toilet connection;
• air-conditioning drainage;
• a private pipe;
• a common water riser;
• common drainage;
• the apartment above;
• roof or façade;
• balcony waterproofing;
• a fire-suppression system;
• temporary construction work;
• more than one source.

Sub-Decree No. 126 treats primary structures and common systems, including water supply and drainage, as common property even when they run through private apartments. Equipment serving only one unit may, however, belong to that unit. Physical location alone does not decide responsibility.

Before finishes are opened, agree who is responsible for the investigation. If a common riser is suspected, building engineering should participate from the beginning. If the source is clearly a washing machine, an appliance technician may be appropriate, but the building should still be informed where neighbours are affected.

A useful technical report should identify:

• exact source;
• component and function;
• whether it is private or common;
• cause of failure;
• photographs before dismantling;
• emergency action;
• permanent repair scope;
• risk of recurrence;
• damage outside the source apartment;
• need for access to another unit.

"Pipe leaking — repair USD 300" does not tell the owner who should pay or whether the cause will be resolved.

Preserve Evidence Before Cosmetic Work

The natural reaction is to remove swollen flooring, repaint the ceiling and restore appearance quickly. Standing water must be removed, but evidence should be recorded first where possible.

Take both wide and close-up images of:

• suspected source;
• route of water;
• wet walls and ceilings;
• floors;
• furniture;
• appliances;
• tenant belongings;
• apartment below;
• common corridor;
• meters;
• isolation valve;
• removed parts;
• labels and serial numbers.

Video is useful for active dripping or pressure. After isolation, take further images. If a moisture meter is used, record the location and reading. A reading confirms moisture but does not prove the source by itself.

The inventory should separate owner and tenant property. For each item, record:

• description;
• owner;
• approximate age;
• condition before the event;
• nature of damage;
• repairability;
• purchase evidence or inventory entry;
• photograph;
• current location.

Do not promise that every tenant item will be paid by the owner or insurer before liability and cover are reviewed. The tenant may have separate insurance.

Retain failed pipes, hoses, valves or fittings where practical until the insurer or parties have inspected them. If disposal is necessary, preserve detailed photographs and the contractor's written explanation.

Avoid signing a document that assigns full liability while the cause remains unconfirmed. It is possible to record facts without admitting legal responsibility.

Separate Emergency Measures from Permanent Repairs

Emergency action aims to prevent the loss from growing:

• isolate water;
• install a temporary clamp or cap;
• remove standing water;
• provide safe drying and ventilation;
• remove hazardous saturated material;
• isolate dangerous electricity;
• move furniture;
• restrict unsafe access.

Permanent work restores the system and finishes:

• replace the pipe or fitting;
• renew waterproofing;
• correct drainage;
• repair the façade;
• rebuild the ceiling;
• replace flooring;
• remediate mould;
• repaint;
• inspect or repair electrical systems;
• replace damaged furniture.

Mixing the stages creates two mistakes. The first is waiting for a full quotation while water continues. The second is approving extensive reconstruction before the source and insurer's requirements are known.

The Civil Code places necessary repairs on the landlord and may allow a tenant to recover necessary expenses incurred in circumstances covered by the law. That does not make every contractor selected by the tenant an automatic owner liability. Urgency, reasonableness, scope and evidence remain important.

Where the manager has an emergency spending limit, reasonable temporary measures can be authorised within it. If the amount is higher, the manager should explain why waiting was dangerous and obtain written remote approval where possible.

Permanent work is better approved after the source report and an itemised quotation. Where the defect belongs to the common system, the condominium management should decide the technical intervention. A private owner should not modify a common pipe simply because it is visible from the bathroom.

Responsibility Has Several Layers

After the leak is stopped, at least four groups of cost may exist:

1. Repair of the source.
2. Reinstatement of the owner's apartment.
3. Damage to tenant belongings.
4. Damage to neighbouring units or common areas.

One party may not be responsible for all four.

Water Originates in the Owner's Apartment

If a private component fails without tenant fault, the source repair will generally be treated as an owner matter, subject to the contract and exact circumstances. The landlord's repair obligations and any hidden defect may also affect the tenant's remedies.

If the tenant damaged a hose, altered plumbing without permission or ignored an obvious leak, the tenant may be responsible for loss caused or increased by that conduct. Causation must be shown; mere occupation is not enough.

Water Comes from the Apartment Above

The affected owner should work through building management and the owner of the source unit. Informal communication between tenants is insufficient because the legal and insured parties may be different. The building report should record access, source and affected premises.

The upper owner may fund the source repair first while the lower unit's reinstatement is handled through liability insurance or later allocation. If the source is common, the building may be responsible.

A Common Riser, Roof or Façade Is Involved

Sub-Decree No. 126 provides for maintenance of common elements and allocation of common expenses under the building's structure and internal rules. Work may be funded from service charges, a reserve, a special assessment or insurance.

If a common component was damaged by a specific owner, tenant or contractor, the building may later seek recovery. The immediate common danger should still be addressed promptly.

Air-Conditioning Condensate Damages a Neighbour

The investigation should determine whether the drain is private, whether installation was correct, whether maintenance was carried out and whether the leak was reported promptly. A private drain, a shared condensate route and negligent maintenance produce different outcomes.

The Tenant Failed to Report Water

The original defect may remain the owner's responsibility, while additional damage caused by delay may become a separate issue. The incident chronology is critical.

Who Pays Before Liability Is Known?

In an emergency, the contractor will rarely wait for a final legal decision. It is useful to distinguish interim funding from final responsibility.

The temporary payer may be:

• the apartment owner;
• condominium management;
• a contractor approved by the insurer;
• the property manager using an authorised reserve;
• the tenant who paid for a necessary urgent measure and later seeks reimbursement.

Final allocation should follow:

• source findings;
• tenancy terms;
• building rules;
• insurer's position;
• evidence of fault;
• invoices;
• damage assessment;
• negotiation or legal advice.

Accounting should say "temporarily funded by owner, responsibility under review" rather than automatically treating it as the owner's final operating cost.

If building management asks the owner to pay for ceiling access to a common pipe, clarify who will reinstate the ceiling. Access work and source repair can belong to different budgets.

Where several units are affected, one coordinated incident file and one source report are preferable to several contractors producing inconsistent conclusions.

Insurance Helps Only Within the Issued Policy

A building's master policy should not be assumed to cover the owner's internal finishes, tenant belongings and loss of rent. The master policy may cover structure and common property. The landlord's own policy may cover improvements, contents, liability and income. Tenant belongings usually require separate protection.

Even a fire policy does not necessarily include the same water risks. Water damage and flood may be extensions rather than base cover. The policy wording must therefore be checked.

Before an incident, the owner should know:

• insurer;
• policy number;
• insured party;
• insured property;
• covered risks;
• exclusions;
• excess;
• sum insured;
• liability section;
• loss-of-rent cover;
• emergency contact;
• notification deadline;
• contractor approval rules;
• required documents.

Notify the insurer quickly even before the source is final. The notice should describe facts, not assumptions.

Some product materials refer to very short notification periods, such as 24 hours for a particular product. That is not a universal rule; it is a reason to check the actual policy immediately.

Reasonable mitigation is commonly expected, but permanent reinstatement may require an inspection or approval. Do not leave water running for an expert, but preserve evidence before disposal.

The excess also needs allocation. Even if the insurer pays most of the loss, the tenancy, fault and agreements determine whether the excess remains with the owner or can be recovered from another party.

Consider Whether the Apartment Is Temporarily Uninhabitable

A damp wall does not necessarily make an apartment uninhabitable. Loss of electricity, water, a usable bathroom, safe access or severe moisture may do so.

Assess:

• whether it is safe to stay;
• whether the bedroom and bathroom remain usable;
• drying duration;
• noisy demolition;
• protection of belongings;
• mould risk;
• children or vulnerable occupants;
• tenancy terms;
• temporary accommodation or loss-of-rent cover.

The Civil Code provides remedies in relation to defects and loss of normal use in circumstances that depend on the facts and agreement. The owner should not automatically promise a free month, but demanding full rent for a genuinely unusable apartment without analysis is also risky.

Temporary accommodation may be funded by the owner, insurer, condominium or tenant's insurance. Record whether the payment is goodwill, a contractual obligation or insurance-funded.

A tenant's willingness to remain does not replace professional advice where there is electrical, structural or serious health risk.

Close the Incident Only After Cause, Drying and Accounts Are Complete

The final report should contain:

• incident date and chronology;
• affected apartments;
• confirmed source;
• private or common classification;
• emergency measures;
• contractor;
• permanent repair;
• drying and moisture checks;
• reinstatement;
• damaged property;
• invoices;
• claim number;
• payments and recoveries;
• excess;
• unresolved disputes;
• warranty;
• follow-up inspection date.

After drying, verify that moisture is not returning. Painting too early can trap water and hide the issue. Recurring dampness means the source has not been fully resolved.

Update the condition report and inventory with new photographs and serial numbers. Building management should separately confirm completion of common-system work. A contractor's statement that the job is finished may be insufficient where the source is common.

The correct sequence is straightforward: stop the water, preserve evidence, identify the source, separate temporary and permanent work and only then allocate the cost. Starting with blame can allow the loss to grow. Starting with control preserves both the apartment and the evidence needed for a fair settlement.

This article is for general information and does not replace individual legal, insurance or technical advice. Active water, electrical risk, structural concerns or danger to neighbouring property require immediate involvement of building management and qualified specialists.

Sources

1. Kingdom of Cambodia — Civil Code, Articles 601–605, 611 and 618 on tenant care, necessary repairs, reimbursement of expenses, hidden defects, notice of repair needs and damage beyond ordinary wear. English translation supported by JICA. Accessed 19 July 2026.
2. Royal Government of Cambodia — Sub-Decree No. 126 on the management and use of co-owned buildings, including private units, common water and drainage systems, maintenance and allocation of expenses. Accessed 19 July 2026.
3. Bangkok Insurance (Cambodia) — fire insurance materials distinguishing base cover and extensions such as water damage and flood. Accessed 19 July 2026.
4. Etiqa General Insurance Cambodia — fire insurance product materials illustrating a 24-hour notification requirement for a particular product. Accessed 19 July 2026.

Frequently asked

Who pays when water comes from the apartment above?

The first priority is to identify and stop the source. Final responsibility depends on fault, the tenancy agreement, building rules, insurance and the available evidence.

Is a pipe inside the wall always private property?

No. Sub-Decree No. 126 treats common water supply and drainage systems as common property even when they pass through private apartments, while equipment serving only one apartment may be private.

Can damaged furniture be discarded immediately?

It is better to photograph and inventory it first and obtain the insurer's instructions where possible. Premature disposal can make the cause and value of a claim harder to prove.

Who funds emergency work before responsibility is established?

The party able or obliged to stop the loss may initially fund reasonable emergency measures. Final allocation can be reviewed after the source report, contracts, building rules and insurance are examined.