Who pays for replacing the downpipes?

Question

José Manuel Alburquerque · Accepted Answer

The main downpipe, the pipe that runs down through the building collecting water from several flats, is a common part even if it passes through one of them. Replacing it is normally approved by the owners' general meeting and paid for by all the owners according to their participation share, including those who do not use it, unless the by-laws say otherwise. The section running from a flat's fittings to the connection with the main downpipe serves only that flat and is paid for by its owner. Whatever has to be broken in the homes to carry out the works is restored by the owners' association (the “comunidad de propietarios”). What is common and what belongs to each flat Under the “Código Civil de Cataluña”, the Catalan Civil Code, installations and services intended for the use of the association are common parts, that is, parts of the building that belong to everyone. That is why the courts tend to treat the main downpipe as common even if it passes through a flat, because it serves several. By contrast, the branch pipe that carries water from a flat's toilet, kitchen sink or bath to the connection with the downpipe serves only that flat. It belongs to the flat's owner, who must maintain the installations in their home and pays for repairing or replacing them. If there is a dispute about where the common part ends, the experts decide and, ultimately, the courts case by case. Who approves it and how the cost is shared Replacing the downpipes is maintenance work. If it is not provided for in the budget, it is approved by the meeting by a simple majority, which also sets its cost and, if necessary, a special levy, that is, an extraordinary contribution to pay for it. If the fault is urgent, the managing agent can order the repair and report to the president immediately. If the downpipes are old and made of asbestos cement, they may contain asbestos. In that case, they must be removed by a specialist company registered to work with asbestos. Each owner pays according to their participation share, the percentage that their flat or commercial premises has in the building, even if it does not drain into that downpipe. Not using a common part does not exempt an owner from paying for its upkeep, unless the deed of constitution or the by-laws exempt them from that particular expense or set a different allocation. So commercial premises with their own drain still pay if the by-laws say nothing. What is broken in the homes Replacing the downpipe usually means opening up walls, false ceilings or tiling in the flats it passes through. Each owner must allow the works if there is no other reasonable way of carrying them out. In return, the association compensates them for the damage and restores whatever is broken, as part of the cost of the works paid by everyone. If a neighbour covered the downpipe with expensive finishes or without leaving an access panel to reach it, there may be a dispute over how far the association has to pay.