The Legislative Assembly (AL) has passed a government-initiated bill that will establish a compulsory arbitration system to deal with disputes over water leakages in buildings.
The bill’s outline was passed during a plenary session of the legislature in November last year. The legislature’s 1st Standing Committee held several meetings to review the bill.
Secretary for Administration and Justice André Cheong Weng Chon attended Wednesday’s plenary session when the bill was voted on article-by-article in its second and final reading.
According to the new law, which will take effect on September 1, households affected by water leaks can initiate arbitration, and arbitrators’ decisions will make it compulsory for owners of flats suspected of having caused the leaks to allow professionals to enter their flats for assessment.
During Wednesday’s plenary session, Cheong noted that most cases of water leakages in Macau have been resolved through negotiations between households affected by the water leaks and those whose flats are suspected of having caused the leaks.
However, Cheong said, if flats suspected of having caused water leaks are unoccupied, or if their owners “refuse to cooperate”, residents affected by water leakages currently have no choice but to resort to judicial proceedings. Cheong noted that the new law, officially known as Compulsory Arbitration System for Disputes over Water Leakages in Buildings, will enable households affected by the two types of predicaments to initiate arbitration.
However, Cheong noted that the new law stipulates that households are required to try to resolve their water leakage disputes through negotiations first. Only after the negotiations fail, can the households affected by the water leaks initiate arbitration.
According to the new law, if owners of flats suspected of having caused water leaks still refuse to allow professionals to enter their flats for assessment, households affected by the leaks can initiate arbitration. In addition, if owners of flats that have been confirmed to have caused water leaks still refuse to allow workers to enter their flats for the necessary repairs, the affected households can also initiate arbitration.
Cheong noted that according to the new law, households affected by water leaks who decide to initiate arbitration will be required to hire officially licensed testing institutions or professionals to compile a report that concludes that it is necessary to enter the flats suspected of having caused the leaks for assessment.
According to the new law, the affected households will then be required to submit the report when initiating the arbitration.
If arbitrators determine that the respective flat owner is required to allow entry for leakage assessment purposes, he or she is legally obliged to comply with such a requirement, according to the new law, which will take effect on September 1.
This undated file photo taken from Guia Lighthouse shows Macau’s cityscape. – Photo: MPDG
