Damp in a homeowners' association: common or private element?
In a community, the question that decides who pays is where the water comes from. The answer comes from diagnosing the origin, not from the location of the damage.
When damp appears in a building under commonhold, the conflict is almost never technical at first: it is about who pays. And that answer depends on a single question: whether the water comes from a common element or a private one.
Why the origin decides everything
If the damp comes from a common element —roof, facade, general downpipes, floor slabs— the repair falls on the community. If it comes from a private element —an interior installation of a flat— it falls on the owner. The damage may show in one flat and originate in the communal roof: that is why the location of the stain is not enough.
Diagnosing the origin
Locating the origin requires non-destructive methodology: infrared thermography, depth hygrometers, watertightness tests. The report determines the exact point of water entry and its path, and thereby assigns liability under the Commonhold Act.
Repair comes later
Once the origin and liability are determined, the repair is carried out by a specialist contractor; damp treatment in Barcelona has specific solutions that fall outside the scope of the report.
Frequently asked questions
Who pays if the leak comes from the roof?
The roof is a common element: the community and, where applicable, its insurance respond.
And if the origin is in a neighbour's private-use terrace?
Terraces are usually common elements for private use; liability is shared according to the title and the cause. The report delimits it.
Can I claim against the community with a party report?
Yes. It is the usual tool to substantiate the claim at the general meeting or in court.
