Water leaking from the penthouse terrace: does the owner pay, or the community?

It is one of the bitterest disputes there is, because it pits a single owner against everyone else and there is real money at stake.

The distinction that settles almost everything

A penthouse terrace is usually for the private use of that owner, but it is also the roof of the building: a common element. That dual nature is where the confusion comes from.

The rule applied in practice: if the problem lies in the parts doing the job of a roof — the waterproofing, the falls, the drains — the repair is the community's, even though the water comes in through a private terrace. The opposite would leave the upkeep of the building's roof to whoever happens to live under the sky.

When the owner pays

When the owner caused the damage:

• Their own works that punctured the waterproof membrane (a bolted-down pergola, badly laid new flooring).
• Failure to do the routine upkeep that falls to them: drains clogged with leaves, plant pots blocking outlets.
• Their own installations: hot tub, irrigation, a built barbecue.

The classic mistake on both sides

The penthouse owner who refuses to let the surveyor in "because the terrace is mine": the community has a right of access to maintain common elements, and refusing only weakens their position as the damage grows.

And the community that washes its hands "because it's their terrace": if the waterproofing is common and goes unrepaired, the community is liable for the damage to the flat below.

The order that avoids the lawsuit

First a technical report saying where the water is getting in — without it, everything is opinion. Then, with the report on the table, the meeting decides and it goes in the minutes. In parallel, notify the community's insurer: most policies cover locating the fault and the damage to the affected neighbour, though not always the repair of the waterproofing itself.