I have damp coming from the façade, the roof or the floor of a ground-floor unit: who pays for it?

Question

José Manuel Alburquerque · Accepted Answer

If it comes from the façade or the roof, in principle the owners' association (the “comunidad de propietarios”) pays, because these are common parts and it has a duty to maintain them so that they do not let water through. The association must repair the source and pay for the damage the leaks have caused in your home, at a cost shared among all the owners according to their share, including you. Damp rising from the ground through the floor of a ground-floor unit is also, in principle, the association's responsibility, although the answer may change if the owner of the ground-floor unit carried out works on the floor. If the damp is condensation due to a lack of ventilation, or comes in through a badly sealed window, it is not normally a matter for the association but for the flat itself. What decides each case is a technical expert's report on the source. The façade and the roof The “Código Civil de Cataluña”, the Catalan Civil Code, requires the association to keep the common parts, such as the façade, the roof and the structure, in the necessary watertight condition, that is, so that they do not let water through. If water gets in through a crack in the façade, through joints in poor condition or through a badly waterproofed roof, the association must repair the source. Those works are approved by a simple majority and paid for by everyone according to the participation share, the percentage that each flat has in the building. The association is also liable for the damage to your home, such as the paintwork, the plaster or the parquet. Some cases are different: Windows and their sealing usually belong to each flat. If water gets in through a window that does not close properly or is badly sealed, its owner pays. Terraces and roofs used exclusively by one neighbour have their own allocation of costs between that neighbour and the association. If the building is new and the damp comes from a construction defect, a claim can also be made against those who built it. The floor of a ground-floor unit and condensation Damp that rises from the ground by capillary action, like water rising through a sponge, affects the ground slab and the foundations, which form part of the plot and the structure of the building. That is why treating it is in principle the association's responsibility. The answer may change if the owner of the ground-floor unit lowered or relaid the floor, or converted the unit from commercial premises into a home without the necessary works. Condensation is different. If the damp forms inside the flat because of a lack of ventilation or heating, it is the responsibility of the flat itself. If it is due to a defect in the façade's insulation or to thermal bridges, which are points through which heat escapes, it may be the association's responsibility. That is why it is advisable to commission a report on the source from an architect or a building surveyor (the “aparejador”) before making a claim. How to claim Notify the managing agent or the president in writing, with photos and, if you have it, the expert's report. Ask for the owners' general meeting to approve the repair. If the association does not carry out the repair, you can demand in writing that it carry out the works and pay you for the damage. Before bringing a claim, the law requires an attempt at negotiation, so your letter should genuinely invite negotiation. To claim compensation you have three years in Catalonia from when you become aware of the damage and its cause. A written claim interrupts that time limit. In the meantime, do not stop paying your service charges, even if the association does not carry out the repair.