VVE liability for radiator damage

Questioner

Our apartment is heated by a central heating system in the apartment building, so there are only radiators in the apartment. The radiators are equipped with electronic meters for heat consumption. It has been found that the radiator valve of 1 radiator is defective, it no longer closes properly, causing continuous consumption and resulting in a substantial additional charge. Given that the central heating system is owned by the VVE, I wonder to what extent the consequential damage (high consumption) as a result of a defect in this system can also be attributed to the VVE.

Lawyer

The VVE is the owner of the cv installation and is therefore also responsible for its maintenance. If this has been neglected, the VVE is also liable for consequential damage.

Lawyer

I understand that the high consumption is caused by a defect in one of the radiators. The VvE is responsible for the maintenance of the central heating system, including the radiators, which are located in the private areas. This is only different if the model regulations for the division into apartment rights 1973 or 1983 apply. In that case, the maintenance of the radiators is the responsibility of the apartment owners. Depending on which division regulations apply, the damage caused by a defect in the radiator is the responsibility of the VvE or the owner of the apartment in which the radiator is located.