Damp in the block of flats – who’s responsible?

If you live in a block of flats, one of the most common problems you’ll face is the infamous and unwelcome appearance of damp in the block of flats.

What is the cause? Who is responsible for repairing any damage caused by potential leaks? When can a claim be made? If you need to know more about this, stay tuned post.

Responsibility for rectifying damp is easily determined and will depend on two factors: the source of the damp itself and its cause. To establish this, a technical report drawn up by professionals will be required to identify the cause.

Here we set out some areas where damp can occur. You should keep an eye on them and prevent them from occurring through proper maintenance:

• In porous materials which, by its very nature, makes leaks more likely to occur.

• Construction defects in the building which can cause rainwater to seep through.

• The cracks in walls They are another common source of damp in the building. It is therefore very important to allow the concrete to dry thoroughly in order to prevent damp from occurring.

• The joints or gaps between two parts of the building, which are made of two different materials. The most important thing is that they are very well sealed to prevent the dreaded damp.

In a homeowners’ association, we can distinguish between two distinct areas: the private and the communal, the shared and the personal, our home and our neighbourhood.

The places that are inevitably shared, as recorded in the Article 396 of the Civil Code, these are the communal areas: staircases, façades, the entrance hall, the roof terrace and all those spaces that are shared and, therefore, for which responsibility is shared.

In other words, any area or utility that is used by or serves all the residents is everyone’s responsibility.

In this case, there are three types which are binding on all residents of the community:

• The following may occur capillary dampness, which involve water seeping through the ground and usually affect the ground-floor flats or basements.

These originate from groundwater and seep down to the lowest part of the building. On this occasion, the residents’ association will be responsible for carrying out the repairs.

• Another example is that of the leaks. They appear as stains on walls and are usually found at the points where different types of material meet.

What causes them? Usually, the weather – in the form of rain – groundwater, construction faults or cracks in the pipes. They will always be the responsibility of the residents’ association.

• Condensation It is another cause of damp in the block of flats: patches appear on the walls due to water vapour, as well as causing mould and damage to the walls.

Unwise household activities are often to blame, apart from the obvious need to have aired the room.

The other side of the coin is the so-called exclusive element: that is to say, a specific person’s home, comprising the interior walls, the parquet flooring, the tiling, the fixtures and fittings inside, etc.

In practice, these are the areas in which the facilities provide coverage or supply solely and exclusively to the property in question.

Misuse of the property may result, for example, in a burst pipe, in which case the owner would be solely liable. Similarly, if the building is newly constructed and there are defects, the owner would be responsible for rectifying them.

In this regard, whether the flat is a new-build or a refurbished property, it is possible to carry out a complaint the builder or the insurance company. If another owner causes damp in your property, then you must claim the cost of the repairs from that person.

If damp appears in communal areas, such as those mentioned above, it is the responsibility of the residents’ association.

Although we have been able to distinguish the areas for which owners or the owners’ association are responsible, there are still less clear-cut cases that lead to confrontation. An example might be a central heating system.

In this case, a distinction must be made within the same installation as to which part falls under the responsibility of one party or the other. Whilst it is true that the radiator is located in a private area, there is a pipe that runs through that flat and the other flats in the building.

Furthermore, there is another pipe whose sole purpose is to supply the property in which the heater is located. This distinction is very important in ensuring that the person who is actually responsible takes responsibility for repairing the fault.

Having established the type of damp problem in the block of flats and who is responsible for dealing with it, it is vital to bear in mind the value of a good maintenance. Their presence in the property has disastrous consequences for the building’s health and safety.

It is not only the appearance of the homes that is important, but also the damage caused to the materials and the possible growth of mould, which can lead to allergies or other illnesses.

It is important for the owners’ association to comply with the regular inspections of the building, every ten years. The aim is to check that everything is in order and, if any adjustments are needed, to carry them out.

It is essential for maintaining the safety and hygiene of the building and is, furthermore, a requirement of the Technical Building Code (CTE) for protection against damp.

Furthermore, there are certain practices that can be adopted by the community and by individual homeowners. Firstly, a preventative maintenance programme should be implemented and recorded in a written log.

It is important to realise that it is not advisable to simply apply a quick fix to this sort of problem. In this case, it is not enough simply to cover the damp with paint; you need to identify and rectify the problem at its source.

There are also household habits recommended measures such as ventilating the home or cleaning gutters and downpipes regularly. As the saying goes: prevention is better than cure.