A damp patch appears on the ceiling. After heavy rain, the wall begins to show signs of moisture. The plaster starts to fall away, while the neighbours upstairs tell you that the problem is not coming from their flat. Then comes the familiar dispute: who should pay for the repair?
Where a leak occurs in a condominium building, the answer depends primarily on where the damage originates. If the cause lies in the roof, façade, or another common part of the building, the issue does not concern only the owner of the flat in which the dampness appears.
For that reason, the first step is not to argue about who is at fault, but to establish the source of the leak.
When are the roof and façade a common responsibility?
The roof and the external walls of the building are generally common parts. They serve the building as a whole, even if the damage appears only in one or several flats.
This means that the owner of the top-floor flat is not automatically required to bear the full cost of repairing the roof simply because their property is the first to be affected.
The same applies to façade problems where the source of the moisture is a damaged external wall, joint, or another element forming part of the common parts.
You can read more about the rights and obligations of owners in such disputes on the page about legal assistance with condominium matters.
Who pays for repairs to a common part?
Where a common part of the building is repaired, the cost is not allocated according to which flat has suffered the greatest damage.
Under the Condominium Management Act, the costs of repairs, major renovation, reconstruction, and alteration of the common parts, where there is a resolution of the general meeting, are shared between the owners in proportion to their respective ideal shares in the common parts of the building.
This is important in practice. An owner on the ground floor, for example, cannot refuse to contribute to a roof repair solely on the basis that the roof is not situated above their flat.
The way in which larger repairs are financed is discussed in more detail in the article “Repair and Renovation Fund in Condominium Property: Who Pays and How Are Decisions Taken?”.
Must a general meeting always be awaited?
Not every defect can wait until the next ordinary general meeting.
The Condominium Management Act distinguishes between ordinary repairs, necessary repairs, and urgent repairs. Where a necessary repair to a common part is required, the law allows funds to be made available immediately by decision of the building manager or management board, with the expenditure subsequently being approved by the general meeting.
In the case of an urgent repair – for example, where the condition of the building or a common part creates a serious risk and cannot be postponed – the manager should act immediately. If the funds available in the Repair and Renovation Fund are insufficient, a general meeting is convened to raise the necessary amount.
What happens if the building manager takes no action?
This is one of the most difficult situations in practice. An owner is dealing with a leak, the damage is increasing, but the building manager postpones the meeting or the issue remains unresolved.
In the case of a necessary repair, the Condominium Management Act allows an owner to carry out the repair using their own funds, materials, or labour if they have first notified the building manager of the need for the repair but no general meeting has been convened within one month.
The law provides a mechanism for such costs to be reimbursed or set off where documents evidencing the expenditure are presented. For that reason, carrying out repairs unilaterally without prior notification and without proper documentation may create an additional dispute.
What if the leak comes from a neighbour’s flat?
The legal position is different in that situation.
If the cause is, for example, a damaged pipe, sanitary connection, or other installation forming part of a particular individually owned unit, the issue will not necessarily involve repair of a common part.
In such a case, the precise source of the leak must be established and it must be determined whether a particular owner is liable for the damage caused.
Sometimes this distinction is not obvious. Parts of the water supply and other installations may be common, while others may belong to an individual property. A technical inspection is therefore often decisive before any conclusions are reached regarding liability.
What should you do when the first signs of a leak appear?
Do not wait for the problem to become more serious.
Take photographs of the damage and notify the building manager in writing. Where possible, arrange an inspection by an appropriate specialist who can identify the likely source of the moisture.
If it is established that the cause lies in a common part, the necessary repair should be organised and the method of financing it should be clarified.
If some owners subsequently refuse to pay lawfully determined contributions, a separate dispute may arise. Further information on this issue is available in the article “Unpaid Fees in Condominium Property: How Are They Collected by Law?”.
Practical conclusion
Where there is a leak from the roof or façade, the most important question is not “In whose flat is the dampness visible?”, but “Where is the cause of the damage located?”
If the cause lies in a common part, the repair concerns the condominium as a whole and the costs are allocated in accordance with the statutory rules. If the damage originates from an individual property, the liability may be different.
Identifying the cause promptly, giving written notice, and keeping proper documentation are far more useful than allowing a dispute between neighbours to continue for months.
If you have a dispute concerning a leak, repair of a common part, or allocation of repair costs in the building, you can contact Anelia Ivanova Law Firm for legal assistance with condominium matters.
Frequently Asked Questions
Who pays for the repair if the roof leaks into only one flat?
If the source of the leak is the roof as a common part of the building, the repair is not solely the responsibility of the owner of the affected flat. The costs of repairing common parts are allocated in accordance with the Condominium Management Act.
Does a ground-floor owner have to pay towards a roof repair?
As a general rule, yes, where the roof is a common part and the repair has been lawfully authorised. Participation in the costs of repairing common parts does not depend on the floor on which the individual flat is located.
How are the costs of a roof repair allocated?
For repairs to common parts, the costs are allocated between the owners in proportion to their respective ideal shares in the common parts of the building.
What can I do if the building manager refuses to organise the repair?
In the case of a necessary repair, the law provides for an owner to act using their own funds under certain conditions, including prior notification of the building manager and the absence of a convened general meeting within the prescribed period. The particular circumstances should be assessed carefully and all expenditure should be properly documented.
If the leak comes from a neighbouring flat, does the condominium pay?
Not necessarily. If the cause lies in part of a particular individually owned unit, the source of the damage and the responsibility of the relevant owner must be established. If the cause lies in a common installation or another common part, a different legal regime applies.
The information in this article is provided for general information purposes and does not constitute individual legal advice. Each case has its own particular circumstances and should be assessed in light of the facts, the relevant documents, and the applicable legislation.
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