Community apartment ,who pays water damage

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27 Mar 2017 22:30 by moules Star rating. 5 posts Send private message

The apartment below me is getting rain water in from my outside terrace,The Community don't think they should pay 100% of the remedial work to dig up & re lay the terrace as it is part of my unit. I say it is also part of the outside facia of the building,a structural floor & the roof of the apartment below & therefore a communal responsiblilty. Who´s right? What should I do?





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28 Mar 2017 09:52 by windtalker Star rating. 1660 posts Send private message

I think you answered your own question... By saying it is your terrace so you would be your responable for the up keep and to make sure it had adequate drainage if you have buildings insurance ask them  ...sorry to be blunt .

 


This message was last edited by windtalker on 28/03/2017.



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28 Mar 2017 10:09 by Jarvi Star rating in Halifax UK and Sucin.... 725 posts Send private message

My friend had exactly the same issue, unfortunately it was his responsibility. I'm not certain whether his buildings insurance covered it, but think it may have





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28 Mar 2017 13:42 by scubamike Star rating in Murcia province . 220 posts Send private message

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My terrace forms the roof of the apartment below The communidad informed me that it was our responsibility Luckily the owners below were approachable and we managed to come to a satisfactory compromise 





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28 Mar 2017 14:24 by mariadecastro Star rating in Algeciras (Cadiz). 9288 posts Send private message

Legal Questions? Speak to Maria Direct

A surveyor´s opinion is needed here. Ask your Insurance about this



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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28 Mar 2017 23:20 by hugh_man Star rating in Kent/Roda . 1582 posts Send private message

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moules

Our Community has similar problems and after many questions and research, it would appear under 

HPA, communal roofs are part of the facade and communal responsibility

However under the higher

Civil Law, a penthouse roof or solarium or terrace that is ONLY for the use of the owner I.e. No communal access

The responsibility of maintenance and repairs falls to the owner unless you can sue the builder for defects.

Your Escritura should tell you exactly.





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29 Mar 2017 11:58 by johnzx Star rating in Spain. 5239 posts Send private message

Just a thought.  

If the terrace is not part of the structure but the property of the person who has use of it, can he/she dig up the terrace  ?

   Of course he/she cannot so it cannot be his/her property no more than the roof of an ático can be the property of the ático owner.

 

As I said, just a thought





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29 Mar 2017 14:33 by hugh_man Star rating in Kent/Roda . 1582 posts Send private message

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John

 

Its as I said HPA regards is as communal.

Civil Law apparently regards it as private.

This is Spain after all.

Perhaps Maria would care to comment.





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29 Mar 2017 15:26 by mariadecastro Star rating in Algeciras (Cadiz). 9288 posts Send private message

Legal Questions? Speak to Maria Direct

Own terrace is a privative ( individual) elememt. Its external facing is a commun element.



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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29 Mar 2017 20:20 by hugh_man Star rating in Kent/Roda . 1582 posts Send private message

hugh_man´s avatar

There you have it John

Clear as mud

An external terrace is both private and communal.

I suspect that the terrace itself is private but the external walls surrounding it are communal.





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