Who can residential community homeowners in Spain claim from if their property is affected by a water leak?

Leaks and damp in buildings in Spain are one of the most common problems for residents' associations. This situation is often a headache for many owners, especially because repairing leaks involves time, logistical complications and, above all, doubts about who should bear the costs.

The debate about whether the responsible party is the owner of the affected property or the residents' association has been clarified by a specific regulation that has been officially confirmed in Spain's Official State Bulletin (BOE).

Under the new regulations of the Horizontal Property Law, the costs of repairing leaks and damp must be borne by the residents' association. This obligation does not require an agreement to be reached as it is considered necessary maintenance to guarantee the provisions of article 10.

The text establishes that the association is obliged to carry out "the necessary work to adequately preserve the building and its common installations". This includes actions aimed at preserving the comfort, safety and universal accessibility of the building.

According to the BOE, the costs of repairing leaks due to deterioration of structural parts such as the waterproofing or the floor slabs are the responsibility of the residents' association.

However, the legislation includes some important exceptions. For example, certain residents' associations may stipulate that repairs on private terraces are the sole responsibility of the property owner.

Misinterpretation could lead to conflicts. It is therefore essential that owners are aware of the association's rules where they live and consult experts or property managers.