Roof Repair Responsibility in Apartment Buildings

Living in a penthouse apartment often comes with many benefits, such as great views, access to a private roof terrace, and larger living space. However, a disadvantage is that you will be directly affected if the building has issues with the roof.

So, when living in a penthouse apartment, it is highly recommended that you pay a little extra attention to the roof and understand the essentials about repairs and responsibilities related to it.

This is clearly mentioned in Section 1, Paragraph 4 of the law:

IV - Common areas:
Article 4 – The scope of common areas may be specified by contract. The areas and items listed below shall, in any event, be deemed common areas pursuant to this Law:
c) Roofs, chimneys, communal roof terraces, rain gutters, and fire escape stairs.
Other areas and items not listed above, but which are nevertheless essential for joint use, protection, or enjoyment, also fall within the scope of \"common areas.\"

Since the roof falls under the common areas, all maintenance and repairs must be organized by the board and Management Committee of the building. The board and management are responsible for identifying potential issues, obtaining quotes from contractors, collecting the needed fees, and organizing any work required to keep the roof in a healthy condition.

As with all other common areas, the board can act directly when it comes to minor repairs, daily maintenance, as well as emergency repairs. For larger-scale repair work, such as a full roof replacement, the general assembly is needed to make the necessary decisions.

If the roof damage is caused by a specific apartment (e.g., a leak from a private terrace or an improperly installed satellite dish), the owner of that apartment may be held responsible for the cost of repairs.

💰 Cost of Interior Damages Caused by Roof Issues

As a general rule, the penthouse owner is responsible for repairing their own interior damages (e.g., water-damaged ceilings, walls, furniture, or flooring) caused by the leak, even if the roof itself is a common area.

The responsibility of the board and management is limited to the roof’s structure and waterproofing. Once water enters the penthouse, the interior damage is considered the owner’s responsibility.

This, of course, unless negligence can be proven and the administration of the building has ignored several requests to repair known issues or has postponed repair work.

Often, roof issues are known to the board and administrator well before they cause problems. This is why many complexes choose to also be responsible for the cost of any interior repairs.

📝 Practical Advice for Penthouse Owners

• Keep an eye on the condition of the roof. If you notice roof damage (e.g., leaks, cracks, or missing tiles), report the issue to the Management immediately.
• Document any issue with photos and videos and request an inspection to assess the cause and extent of the problem.
• Follow up and put pressure on the management if nothing happens.
• Attend General Assembly Meetings and make sure that any issue with the roof is mentioned in the meeting agenda and summary of the meeting. Remember that written documentation is much better than verbal agreements.