Water leaks and infiltrations from the roof or terrace are among the most frequent causes of disputes among condominium owners. When damp spots, mold, or peeling plaster appear, the main question is always: who is responsible for paying for repairs and compensating for the damages?
The answer mainly depends on the nature of the structure where the leak originates.
1. Infiltrations from the Roof or Common Terrace
If the water originates from the building's roof, the shared roof terrace, or the gutters, the responsibility lies with the condominium as a whole (Art. 1117 of the Italian Civil Code).
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Who pays? The cost of repairing the waterproof membrane/roof covering and compensating for the damages caused to the individual apartments below are divided among all condominium owners based on their property ownership shares (millesimes).
2. Roof Terrace for Exclusive Use
If the building's roof covering is a terrace or flat roof designated for the exclusive use or ownership of a single unit owner, the cost distribution rules change (Art. 1126 of the Italian Civil Code):
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1/3 of the expenses is covered by the exclusive owner/user of the terrace.
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2/3 of the expenses are shared among all condominium owners located in the column underneath covered by the terrace.
Important Note: If the damage is caused by a clear lack of maintenance attributable exclusively to the owner of the terrace (e.g., damage caused by heavy planters, unauthorized alterations, or clear neglect), full liability may fall on that individual owner.
3. Pipe and Plumbing Leaks
In the event of a pipe burst, it is necessary to distinguish between:
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Common Condominium Pipes (Vertical Riser): Up to the point of branch-off towards individual units, pipes are common property. Damage and repairs are borne by the condominium.
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Private Piping (Horizontal Connections): The section of the plumbing system running from the main vertical riser into the individual apartment (e.g., bathrooms, kitchens, heating) is private. Any damage caused to neighboring units is the responsibility of that individual unit owner.
What to Do in Case of Infiltration? Key Steps
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Immediate Notification: Inform the building administrator immediately (for common areas) or the owner of the apartment above.
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Technical Inspection & Leak Detection: The intervention of a qualified technician (or the condominium's insurance adjuster) is essential to pinpoint the exact origin of the leak.
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Filing an Insurance Claim: Most condominiums hold a building insurance policy that covers water damage and leak detection costs, easing the financial burden on those involved.
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Securing & Restoration: Always repair the cause of the leak first. Once the structure has dried completely, proceed with painting and plaster restoration.
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Verifying the building's maintenance state and condominium fee regularity is a crucial step before any real estate transaction. Domus Sicilia Immobiliare guarantees complete and transparent guidance so you can buy or sell with total peace of mind. Contact us today for a consultation!
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