This article explains the rules in Catalonia, where the Catalan Civil Code applies to owners’ associations. Other Spanish regions follow the national Horizontal Property Act.
It is one of the most common disputes in owners’ associations (comunidades de propietarios): the penthouse (ático) has a roof terrace that only that owner uses, but which is also the roof of the building. One day a leak appears in the flat below and the question arises: who pays for the repair?
What the law says in Catalonia
In Catalonia, jointly owned buildings (propiedad horizontal) are governed by the Catalan Civil Code, not by the national law. Its article 553-43 makes three points clear:
- A roof terrace or roof for exclusive use is still a common element: the owner has the use of it, not the ownership.
- Whoever uses it bears the upkeep and maintenance costs and must keep it in good condition.
- Repairs due to construction or structural defects, and those that affect and benefit the whole building, are paid for by the owners’ association, unless they are caused by misuse or poor upkeep.
When the terrace acts as a roof, its waterproofing protects the whole building, so the owners’ association normally pays for it. Routine maintenance is the responsibility of the owner who uses it.
Common cases
| Situation | Usually paid by |
|---|---|
| The waterproofing has aged and is leaking into the flat below | The owners’ association |
| Construction fault: badly formed falls, undersized outlets | The owners’ association |
| The outlet is blocked because it is not cleaned | The owner who uses the terrace |
| The owner has carried out works (planter, pergola, new flooring) and damaged the waterproofing | The owner who uses the terrace |
| Tiles broken or loose through use, with no leaks | The owner who uses the terrace |
If the waterproofing works mean lifting the floor, the owners’ association replaces it with an equivalent one. If the owner wants a better one, they usually pay the difference.
The deed of division (título de constitución) and the bylaws (estatutos) of each owners’ association may specify how these costs are shared. This article is for information only and summarises the Catalan rules in force when it was written. For a specific case, ask your property manager (administrador de fincas) or a lawyer.
What to do when the leak appears
Report it
Tell the property manager (administrador de fincas) or the president of the association, with photos of the stain and of when it appears (after rain, for example).
Find the source
The stain is not always directly below the point where the water gets in. A technical diagnosis shows whether the problem is the waterproofing, an outlet, a junction with a wall or a pipe, and that decides who pays.
Talk to the insurer
The building insurance and home insurance policies usually cover water damage to the flat below, although not the repair of the source. Check your policies.
Repair it properly
Sealing one spot on ageing waterproofing usually just moves the leak somewhere else. If it is at the end of its service life, it is better to renew it completely.
Have a similar project?
We visit you, assess the building and give you a detailed, no-obligation quote.
