Emergency overflow mandatory on flat roof?

Questioner

For half a year now I have been renting a building, made of wood and it has a flat roof. I got a leak on the first floor. After self-checking it turned out that the rainwater drains were blocked. The roof was full of water and dirt/vegetation of about 10 cm. Now the roof and the opening of the drains are at a height of 6 meters and can only be reached via a loose ladder. Is this still accessible for the tenant or does the landlord have to do this? There are also no emergency overflows, are emergency overflows mandatory on a flat roof?

Lawyer

The detailed answer to your question depends on the specific rental agreement between you and the landlord. In general, the landlord is responsible for the maintenance of the structural parts of the home, including the roof structure and water drains. However, the lease agreement may contain other agreements. For example, if the landlord only considers maintenance of the interior of the property to be his responsibility and the tenant is responsible for maintenance of the exterior, then the responsibility may lie with you as the tenant. It is therefore important to review your lease agreement to see to what extent this situation falls under your or the landlord's responsibility. Regarding the presence of emergency overflows in flat roofs, there are no specific rules that require the presence of emergency overflows. However, good water drainage is essential for the durability of the roof and any building insurance. If in doubt, it is advisable to seek specialist advice on this, for example via a tenancy law attorney or a structural engineer. To prevent possible further problems, it might also be a good idea to raise this issue with your landlord and discuss it ---------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response.