When a leak comes from a terrace that works as the roof of a lower flat, the question of who should pay for the repair often arises: the owner who uses the terrace or the whole community.
Private-use element, but with a shared function
In most homeowners' associations, a roof terrace is considered for the private use of the neighbour who enjoys it, but its function as a roof (protecting the flat below) is communal in nature. This usually means that repairing the structural waterproofing is paid for by the community, while the surface finish (paving, furniture) is the responsibility of the owner who uses it.
Why it pays to quote in separate items
When presenting a quote to a community, clearly separating the waterproofing item (common element) from the finish or paving item (private use) makes approval at the meeting much easier, as each item can be split under different rules of the community.
Practical recommendation
When in doubt about the split, it's wise to refer the client to their own community bylaws or to the advice of the property administrator before carrying out the work, making clear in the quote which part corresponds to each type of element (common or private) to avoid later disputes over payment.
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