It is one of the most common disputes in communities of owners: water gets into a home from the roof or from the terrace of the flat above, and nobody wants to take responsibility. The community says the terrace is private, the neighbour says it is the building’s waterproofing, and the affected owner is still left with a stain on the ceiling.
The general rule
- The building’s roof is a common element. If water gets in through it, the repair is for the community.
- Terraces that act as a roof for another home are usually for private use, but their waterproofing and structure serve a common purpose: protecting the building. So, as a general rule, repairing that waterproofing is for the community.
- The owner of the terrace is liable when the damage comes from their use or from what they have done: unauthorised works, planters that damage the membrane, drains blocked through lack of cleaning, or flooring that has been changed.
That is why what matters is the specific source of the leak. And that is what has to be proved.
What to do if you are the affected owner
- Notify the property administrator or the president in writing, with photos, and ask for it to be inspected.
- Report it to the community’s insurance and, if it covers water damage, to your own as well.
- Do not let time pass: leaks get worse and the damage inside increases.
- If the community does not act, you can claim the repair and the damage to your home from it.
What to do if you are the community or the terrace owner
If a claim is made against you, before accepting or rejecting responsibility it is worth knowing where the water comes from. A timely report avoids paying for a repair that is not yours, or repeating badly planned works.
Why an expert report
The report identifies the point where water gets in, explains whether the failure is in a common element or in something private, and values the repair and the damage caused. It helps the owners’ meeting make a decision, supports negotiation with the insurer or the neighbour and, if there is no agreement, can be used in court. If there is a lawsuit, we defend the report before the judge at the ratification hearing.
Experts for communities of owners across the province of Zamora
We work for owners, property administrators and communities in Zamora and in towns such as Benavente, Toro or Morales del Vino. If there is a lawsuit, the report is filed with the courts of Zamora or of the relevant judicial district.
How we work
Send us photos of the damage and of the roof or terrace, and your correspondence with the community by email or WhatsApp. We review it and send you a fixed, no-obligation quote, replying the same day. If needed, we inspect the building in Zamora or anywhere else in the province.
More information on our architect expert and homeowners’ association expert pages.
