A stain on the ceiling, paint roosting or water running down the wall can quickly turn living in a building into a conflict between neighbors. When the leak appears to be coming from the upstairs unit or a common wall, the question almost always comes up the same way: Who pays for the repair?
The answer depends, first of all, on the origin of the infiltration. If the problem comes from a plumbing, bathroom, equipment or intervention belonging to a self-contained unit, the responsibility may fall to the owner of that unit. If the origin is in a common part of the building, such as the roof, facade, general water installations, gutters, roof or common terrace, the condominium may be responsible for the repair.
First step: determine the origin
Before demanding payments, it is essential to understand where the water comes from. DECO PROteste reminds you that, in the event of flooding or infiltration in a condominium, you must first determine the origin of the damage and only then ask for liability. Without this identification, the conflict can drag on between the neighbor, condominium and insurance companies. Often, water appears in one part of the house, but enters another place. A stain on the ceiling can originate from an upstairs neighbor’s bathroom, but also from a common plumb line, a crack in the facade or a poorly maintained roof. Therefore, a technical assessment can be decisive, especially when the neighbor or the condominium administration does not recognize responsibility.
When the neighbor may be responsible
If the infiltration originates from a stand-alone unit, the owner of that unit may have to pay for the damage. This can happen, for example, when there is a break in a private plumbing, a leak in a washing machine, a problem with a shower tray, poor work done inside the house or improper use of an external area affects the unit. According to , whoever has a movable or immovable thing in their possession, with the duty to monitor it, is responsible for the damage that this thing causes, unless it can be proven that there was no fault or that the damage would have been caused even without fault. Article 483 also provides for the obligation to compensate when someone unlawfully violates another person’s rights and causes damage.
The Contas Conosco portal, from Cofidis, explains that, when the infiltration is caused by a neighbor, it must be that neighbor who communicates the incident to their insurance company, so that the applicable coverage can be activated, namely civil liability, if contracted. If you don’t have insurance, or if your policy doesn’t cover the situation, the repair may have to be paid out of pocket.
When the condominium is responsible
Responsibility changes if the source is in a common part of the building. Under article 1,421 of the Civil Code, common parts include, among others, the ground, foundations, columns, pillars, main walls, structural parts of the building, roof, roof terraces, entrances, stairs, corridors for common use and general installations of water, electricity, heating, air conditioning, gas, communications and the like. When the infiltration comes from these areas, the repair of the source of the problem and the damage caused may have to be assumed by the condominium, under the applicable terms. Article 1,424 of the Civil Code establishes that the expenses necessary for the conservation and enjoyment of common parts are, as a rule, borne by the condominium owners in proportion to the value of the respective fractions. Jurisprudence has followed this distinction. In a ruling dated October 10, 2024, the Court of Appeal of Guimarães highlighted that the owner of the fraction is responsible for the damages caused by the violation of the conservation duties of his property, but that the responsibility lies with the condominium when the damages originate in common parts of the building.
Terraces and balconies can get complicated
Not all cases are simple. There are terraces that are common parts, but are allocated to the exclusive use of a fraction. The same can happen with some external areas that, in practice, only one condominium owner uses. In these situations, it may be necessary to understand whether the problem arises from a structural defect, lack of maintenance of the common area or a fact attributable to the resident who has exclusive access to the space.
Article 1,424 of the Civil Code distinguishes these cases. Expenses relating to common areas that serve exclusively one of the condominium owners may be borne by whoever uses them. However, when the state of conservation of these common parts affects the use or conservation of the other common parts of the building, the condominium owner with exclusive use only bears the expenses in the normal proportion of his share, unless the need for repair arises from a fact that is attributable to him. This is why the technical origin of the infiltration is so important. Without it, it is difficult to know whether the neighbor, the condominium, the unit’s insurance company or the building’s common policy should respond.
Insurance can solve the problem, but it doesn’t always cover everything
Multi-risk home insurance can be important in these situations, but there are limits. DECO PROteste explains that water damage coverage usually covers situations such as rupture, clogging or overflow of the internal water distribution and sewage network, but does not necessarily cover slow infiltrations, humidity, condensation, lack of maintenance or situations resulting from negligence. If the infiltration causes damage to the house itself, repairing this damage may be the responsibility of the owner, depending on the coverage contracted and the cause identified. If damage is caused to a neighbor’s house, the civil liability coverage of multi-risk insurance can help compensate those injured, if it exists and if the situation is covered.
In the case of common parts, condominium insurance can be activated if the policy has adequate coverage for water damage, civil liability or damage to common areas. Even so, it is important to remember that, in buildings on horizontal property, the legally mandatory insurance is insurance against the risk of fire in the building, provided for in article 1429 of the Civil Code. The remaining coverage depends on the policy contracted. Insurance companies usually assess the origin, cause and condition. Lack of prolonged maintenance, old leaks or poorly executed works can cause difficulties in coverage.
What should you do if you have an infiltration
The first step is to register the problem. Photograph stains, water, damage to furniture, walls, ceilings or floors. Note dates, times and progress of infiltration. If it worsens after rain, bathing, using a washing machine, or another identifiable event, this information can help you understand the source. Afterwards, you must communicate the situation to your neighbor, if you suspect that the origin is in their apartment, and to the condominium administration, if the infiltration could come from a common area. You should also contact your insurer if you have multi-risk insurance. Even if the responsibility lies with a third party, the insurance company can guide the next steps and, in some cases, send an expert. You must do this as soon as possible and in accordance with the deadlines set out in the policy.
What if the neighbor doesn’t cooperate?
If the neighbor does not allow access, denies responsibility or ignores the problem, the case can become more difficult. In this situation, it is important to formalize communications in writing, preferably by email or registered letter. It must also involve the condominium administration when there is a suspicion of impact on common parts or risk of worsening. If the infiltration continues and there is significant damage, it may be necessary to seek independent expertise, Justices of the Peace, court or legal support. The Courts of Peace can hear civil disputes up to 15 thousand euros, including actions related to the rights and duties of condominium owners, when the matter falls within their jurisdiction.
Avoid repairing before there is proof
When you have water at home, the natural desire is to repair it quickly. But it is best not to eliminate all traces before there is proof. If you paint the wall, replace the drop ceiling, or repair the flooring before the inspection, it may make it more difficult to demonstrate the source and extent of the damage. The ideal is to take measures to prevent worsening, but keep photos, reports, budgets and communications. If there is an urgent intervention, always ask the technician for a written document that describes the probable cause.
The rule that decides almost everything
In cases of infiltration, the practical rule is simple: as a rule, whoever has the duty to maintain and monitor the part from which the water came is responsible. If the water comes from the neighbor’s fraction, the owner may be responsible. If it comes from a common part, the responsibility tends to fall on the condominium. If there is valid insurance, the insurer may assume part or all of the costs, depending on the coverage contracted and the cause identified.
In the end, the most important thing is not to turn suspicion into an accusation without proof. Investigating the origin of the infiltration is the step that decides who pays, who repairs and how the conflict can be resolved without dragging on for months.
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