The general rule
In a building divided into flats, the community pays to maintain the common elements and each owner pays for their own flat. If the flat is rented, the owner carries out the repairs needed to keep it habitable and the tenant pays for small repairs caused by everyday use.
What the community pays
Common elements include, among others, the land and airspace of the building, foundations, structure, roofs, façades, entrance, stairs, lifts and the general water, drainage, gas and electricity installations up to the entry to each home (article 396 of the Spanish Civil Code).
Works needed to maintain them are compulsory and are shared among the owners according to their participation share, unless the statutes say otherwise (articles 9 and 10 of the Horizontal Property Law, LPH).
What each owner pays
Each owner must keep their flat and its private installations in good condition, so they do not harm the community or the neighbours, and is liable for damage caused by not doing so (article 9 of the LPH).
In practice, whatever is inside the home and serves only that home is the owner’s: taps, sanitary ware, water heater, pipes from the flat’s stopcock, sockets and the flat’s fuse box, interior doors, windows and shutters.
Leaks and downpipes: the most common case
- If the water comes from a pipe in the flat, after its stopcock, the owner of that flat or their insurer pays, including damage to the flat below.
- If it comes from a general downpipe or a shared pipe, the community pays, even if the downpipe runs through a flat.
- The section joining a flat’s drains to the general downpipe is usually treated as private. Statutes or case law may qualify this in each case.
- Terraces that are part of the building’s roof but used by one neighbour are a disputed case: often the waterproofing is paid by the community and the floor and everyday use by the owner.
If the home is rented
The owner must carry out, without raising the rent for it, the repairs needed to keep the home habitable, unless the damage was caused by the tenant (article 21 of the Urban Leases Law, LAU).
Small repairs caused by wear from ordinary use are the tenant’s. These usually include replacing a shutter strap, a tap washer or a light bulb. A boiler that fails through age or a pipe that bursts is usually the owner’s.
If a repair is urgent to prevent imminent damage or serious inconvenience, the tenant may carry it out after notifying the owner and then claim the cost back.
Before you call anyone
- Turn off the water or electricity if there is a risk and take photos of the fault and the damage.
- Tell the property manager if it may be a common element, and the owner if you rent.
- Check your home insurance: many policies cover finding leaks and water damage.
- When you ask for a quote, say who will pay for the work so the quote is made out to them.
This guide is general information, not legal advice. The community statutes, the rental contract and the insurance policy can change who pays in each case. If in doubt, ask the property manager or a lawyer.