Private-use terraces: the maintenance boundary explained once and for all

This is THE community legal query. Let us settle the doctrine once and for all, with the practical list.

What the thing actually is

The top-floor terrace (or the ground-floor patio) is usually a common element for exclusive use: the structure belongs to everyone (often it is the building's roof); the use belongs to the flat it is assigned to. Confirm it in the deed of horizontal division.

The settled split (consistent case law)

The user's (the neighbour's):

• Cleaning and ordinary upkeep: drains free of leaves, tile joints looked after, no overloading and no drilling.
• The finishes they installed (decking, planters, an authorised awning).
• Damage caused by THEIR misuse or neglect (the drain blocked for years that rotted the membrane).

The community's:

• The waterproofing and structural elements: their natural ageing is the building's business, whoever uses the terrace.
• The paving when it has to be lifted to repair the membrane (it goes with the works).
• Railings and parapets (facade).

The typical conflict and its solution

A leak in the flat below → the one below blames the one above, the one above blames the community → deadlock. Protocol: notify the insurer plus a technical inspection to establish the cause (ageing versus misuse) → the report allocates payment under the doctrine above. Quick, and no trial by neighbours.

The peace clause

An internal rule restating this split and the user's duty of care (with an annual drain check on the community's autumn checklist — two minutes that prevent 80% of these dramas).