Roof leaks in a shared building: who to claim from
Water does not appear where it gets in. Who pays for a roof leak depends on the origin: here is how it is determined and claimed.
The waterproofing test locates the real point where water enters the roof.
Water on the top floor: who pays for the repair?
Leaks through a building's roof are one of the most frequent sources of conflict in owners' associations. Water gets in through the roof terrace, shows up on the ceiling of the penthouse or top floor, and the argument begins over who should pay for the repair. The answer depends on where the origin is, and that requires a technical diagnosis.
Common or private element: the key to liability
As a general rule:
- If the leak comes from the communal roof or terrace, the general downpipes or the building's waterproofing, the repair falls to the association (common element).
- If it comes from a privately used terrace, a private installation or works by the owner, liability may be individual.
The nuance matters greatly for level terraces or privately used roofs: they are for private use, but the structural and waterproofing element is usually common. That is where most disputes arise, and where a report is decisive.
Why the origin is not obvious
Water does not appear where it gets in. It can seep through one point of the roof and travel several metres under the paving or between slabs before showing up as a stain. That is why our damp and leak report locates the real entry point with waterproofing tests and thermography, instead of repairing blindly.
The process to make a claim
- Document the leak from the outset (dated photos, notice to the association).
- Request an expert report that determines the origin and establishes whether it is a common or private element.
- With the report, the association (or the affected owner) can claim from the right party: the building's insurer, the builder if within the warranty period (LOE), or another owner.
- If there is no agreement, the report serves as evidence in court.
The role of the association's insurance
Many association policies cover water damage but dispute the origin to avoid paying. An independent report proving the cause keeps the claim from getting stuck between the association, the owner and the insurer.
Leaks in your building and no one taking responsibility? Tell us about it and we will determine the origin and the liability.