Liability for Balcony Leakage: Your Questions Answered

Questioner

Good morning, my question is as follows: I live in a terraced house. My upstairs neighbor (diagonally above me), number 8, had repairs done on her balcony. Now I, number 10, have a leak. Can I hold number 8 liable for my leak? The balcony of my upstairs neighbor (right above me) no. 12 is also in very bad condition. Who is responsible for the balcony, the residents of the upper floor, or both residents below and above? And can I possibly oblige them, number 12, to repair the balcony? I look forward to your reply. Yours sincerely, Ingrid

Questioner

Balconies with load-bearing structures are maintained by the homeowners' association (VvE). If your neighbor rents the property, the VvE is liable, and they should contact the contractor. You can also contact the owner (neighbor or landlord) yourself. They should then contact the appropriate authorities or individuals responsible, or their insurer.

Questioner

Thank you for your response! There is no active homeowners' association. Residents both own their apartments. Can they then be held liable for any damage I suffer due to deferred maintenance, or am I also liable for the maintenance of their balcony? Yours sincerely Ingrid

Questioner

The deed of division must include regulations that precisely determine the distribution of maintenance, income, and expenses (see Articles 111 and 112). Therefore, there is no active association, but legally, one exists. Issues such as necessary maintenance and repair of joint property should, in principle, follow proportionally, or as the deed divides it.