Damp: the definitive guide to who pays for what

No word generates more insurance claims or more arguments than "damp". The general rule is simple; the cases, less so.

The general rule

• If the cause is in a common element (roof, facade, main downpipes, communal pipework up to each flat's stopcock) → the community pays.
• If it is in a private element (the upstairs flat's pipe beyond its stopcock, their washing machine, their bath) → that owner pays.

The cases that confuse people

• Private-use terrace (the top-floor one that is also the building's roof): ordinary upkeep (clearing the drains) belongs to whoever uses it; the structural waterproofing belongs to the community. It is the classic lawsuit — and the courts consistently resolve it that way.
• A main downpipe running inside a flat: it is still a common element; the community pays the repair and the damage caused.
• Damp from condensation (insufficient ventilation of the flat itself): the owner's.

The sensible protocol

1. Notify the community's insurer (leak detection is usually covered).
2. The plumber's or loss adjuster's report establishes the cause — and with it, who is responsible.
3. Log the incident in writing, with photos and dates, from day one: if it ends in a claim, that history is worth gold.

What not to do

Painting over it without fixing the cause, and letting it "dry out on its own". Today's cheap damp is tomorrow's expensive building work.