Water leak before and after the private meter

Welcome to Meridional's blog. Today we are going to talk about an issue about which we receive many questions throughout the year and that has to do with water leaks, floods, dampness, etc. and whose responsibility it is in each case. In order to evaluate each case properly, it is necessary to know whether the water leakage occurs before or after the meter.

Responsibilities before the private accountant

It is not uncommon to come across a sudden breakdown at home, which seems to have its origin outside, and not to know whose responsibility it is, and whose turn it is to take care of the repair. This is especially the case when problems, such as the pipe break before the meterare produced in a space which seems to be in no man's land, and we don't know whether it is public, community or private.

On other occasions in the blog, we have tried to answer these and other common questions, such as what to do about water damage where we also talk about the responsibility of the community of owners or about how and who is responsible for dampness in the communal areas . In any case, we have always relied on what is stated in the Horizontal Property Law and the Article 396 from civil code.

In a building, the installations and pipes for drainage and water supply are considered to be common elements. Therefore, the piping from the general stopcock to the dwelling is presumed to be a common element in the property.

However, if part of the communal pipe runs through a dwelling, and let us imagine that this prevents the residents' association from properly fulfilling its obligations to carry out maintenance or repair a leak, the law obliges the owners to consent to the necessary repairs and to allow the repair company to enter their property.

The only 2 cases of liability before individual metering

Malfunction before the communal meter.

If it is located in a section up to the general building tap or valve, it would be repaired by the water company or the municipality.

Malfunction before the private meter.

When it is located in a section that is part of the general installation of the community of owners.should be considered a common element. As such, it will be the responsibility of the communityrepair the water leak and the damage caused. It does not matter whether the pipe carries water to the house in question.

If we look to the law, and to decisions of cases that have gone to trial, the LPHin its Article 10. Maintenance and upkeep of the buildingsays, "one of the obligations of the community of owners is to carry out the necessary works for the adequate support and conservation of the building and its services, so that it meets the due structural conditions of watertightness, habitability, accessibility and safety".

And in its Article 9.1.b. Obligations of owners "It is the obligation of the owners to maintain in good condition the water installation or piping from the tap to the dwelling, which can be operated by the owner or, failing that, from the meter".

Before this point, there is no obligation to maintain the installation, nor to pay for water consumption.

Ending up in court

In spite of the fact that there are established bases in relation to this matter, the reality is that sometimes situations become complicated. It is common that, in the absence of agreement and understanding between the parties, there is no choice but to go to court. This tends to be desperate and very frustrating when the aim is to find an immediate solution and put an end to the problem as soon as possible.

For this reason, from Meridional we recommend communities to have the best possible community insurance. If you have doubts about the necessary coverage, do not hesitate to contact us.

Responsibilities after the accountant

Who is responsible for a plumber's bill for a water leak after the meter? Is it the responsibility of the owner or the community or the utility company? Let's take a look at who is responsible for paying the bills when water leaks after the meter.

In such cases, the responsibility is the responsibility of the owner of the property where the water leakage occurs. Although the pipe and the water meter are the property of the water company, from the water meter onwards, the owner of the property is responsible for the installation and maintenance of the pipes.

So generally, in the case of a water leak after the meter, the owner is responsible for repairing it and pay the relevant costs. In addition, it is important to bear in mind that this type of situation can lead to fines for misuse of water, especially in these times of drought.

Frequently Asked Questions

Who is responsible for a water leak after the meter?

In the event of a water leak after the meter, the responsibility to repair and cover the associated costs lies with the owner of the property where the meter is located. It is important to act promptly in the event of a leak to avoid possible legal and financial consequences, and in the event that the leak affects other properties, the owner may be held liable for the damage caused.

Legal liabilities in case of water leakage after the meter: Who has to pay?

In such cases, the responsibility is the responsibility of the owner of the property where the water leakage occurs. Although the pipe and the water meter are the property of the water company, from the water meter onwards, the owner of the property is responsible for the installation and maintenance of the pipes.

Who is responsible for repairing a water leak after the meter?

Water leakage after the water meter it is the responsibility of the owner of the propertywho should contact a plumber for repair. If the leak affects other neighbours, they can claim damages from the responsible owner.

Who is responsible for paying for the repair of a water leak after the water meter in a rented property?

The responsibility to pay for the repair of a water leak after the water meter in a rented property will depend, in the first place, on what has been agreed in the rental contract.

In most cases, the landlord is responsible for maintenance and essential repairs to ensure that the property is in good habitable condition. But it may happen that the lease provides for other conditions, and that certain repairs are the responsibility of the tenant, and therefore the tenant is responsible for paying for these repairs.

It is important to remember that any agreement between the landlord and the tenant must be reflected in writing in the lease and have both signatures. In addition, any clause that goes against the law or protects the tenant's rights is null and void.

If the water leakage after the meter affects other properties, who should pay for the damage caused?

In this case, the responsibility lies with the owner of the property where the meter is located, as it is his responsibility to maintain the drinking water and sewerage installations in good condition up to the connection to the public network.

If the leakage after the meter affects other properties, the owner could be held vicariously liable for the damage caused.

What are the responsibilities of the water supply company in relation to water leakage after the meter and who should bear the associated costs?

The water supply company's responsibility for leakage after the meter is limited to the water distribution network and not to installations on the consumer's property. However, in some cases they may bear part of the costs associated with repairing a leak on the consumer's property.

For example, if the leak is due to a problem in the public piping or sewerage network, the responsibility would lie with the entity in charge of maintenance and repair.

For any claim of this type, it is best to have a good home insurance policy. If you need information about this and other coverage, do not hesitate to contact get in touch with us

Summary on water leakage after the meter

In conclusion, the water leakage after the meter is the responsibility of the property owner, who must contact a plumber for repair. In the event that the leak affects other neighbours, they can claim damages from the responsible owner. It is important to bear in mind that water companies are not responsible for these leaks, as their work is limited to the meter. Therefore, it is advisable to have a good maintenance of the water installations to avoid this type of situation and to be able to enjoy a harmonious coexistence among neighbours.

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