What to Do in Case of a Communal Downpipe Breakage?

16 de August de 2020

Downpipe failures in buildings are among the most common and frequent issues in any community of neighbors. Wear, blockages, breakages, dampness... are a daily occurrence, especially in older buildings.

Generally, these failures are the responsibility of the Community of Neighbors themselves, as they are common elements. The cost of failures in the downpipes should be borne by the community or its community insurance. However, we emphasize that this is generally the case, but not always.

Sometimes it is the responsibility of the neighbor, and in many cases the community's insurance experts will communicate this in the assessment and supervision of the claim.
And when the neighbor is at fault, of course, they often refuse to repair it or pay for the repair of the downpipes. What can we do in this situation?

First, we must be clear about what a downpipe is, as there are often disputes about whether the failure itself is the failure. Downpipes are the pipes that evacuate water from the roof to the sewage system. Both rainwater from the roofs and wastewater from the homes flow through it.

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Contenido

1 What does the law say?
2 What to do if the downpipe breaks?
3 The repair of the downpipe, who pays for it?
4 Avoid blockages and good maintenance: the best remedy

What does the law say?

The Spanish Horizontal Property Law establishes that downpipes are a common element and the responsibility for their maintenance and repair of failures lies with the Community of Owners.
It is also their responsibility, therefore, to repair the damage caused to the neighbors by a failure of this type. This is also established by the Civil Code in its article 360.
Therefore, as we all know, it is preferable to prevent than to cure. Especially in older buildings, it is advisable to undertake the replacement of downpipes with a more modern and resistant material in order to anticipate failures.

What to do if the downpipe breaks?

Identifying the problem is the first thing, for that you have to contact an expert in the field who makes the corresponding supervision to locate the cause. In many cases, community insurance companies carry out this supervision and assessment of the problem. Although this does not mean that the insurance will repair it for us, in many cases, it will not be so.

Generally, insurance companies cover the repair of a specific failure as well as damage to third parties that may have occurred. On the other hand, if the failure is due to a blockage, for example, they do not usually take charge. Nor is it common for them to take care of it if the pipe already has wear due to age and, for example, several reports of the same type have been given.

The repair of the downpipe, who pays for it?

The cost of the repair will be borne by the community or the neighbors, depending on where the failure or breakage is located.
If the failure is in a communal downpipe, it will be the responsibility of the community to repair and pay for it. This is the part of the downpipe that is common to all neighbors.
Only in the event that the failure in question is in the private part of the downpipe will the cost be borne by the neighbor. The private downpipe is that branch of the downpipe that connects the general one with the particular dwelling, generally of a much smaller route than the general downpipe.

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Avoid blockages and good maintenance: the best remedy

To avoid these failures, it is best to prevent. And for that, the neighbors must take responsibility for their care. It is the task of the presidency of the community of owners to inform the neighbors of recommendable things to do and things to avoid.

Many of these breakages and blockages are easily avoided if no neighbor throws elements down the drain that could clog the pipes. Razors, cotton swabs, latex gloves... All those elements should be thrown in the trash can and not down the drains. We tend to think that these are like industrial vacuum cleaners that absorb everything and destroy it, but it is not so.
Another recommended practice is to avoid disposing of chemical elements down the drains. These can be paints, solvents, degreasers and even some types of oils. These products must be disposed of at clean points. Although we think that being liquids these are easily eliminated, the truth is that they could cause wear of the material of the pipes and a breakage in the present or in the future.