# Water leak



## shizzlepizzle (Jun 28, 2021)

Hi guys,

Let me explain our situation: We have an apartment on the first floor of an "urbanizacion" and it seems that water is leaking through our terrace onto the ground floor neighbour's terrace. It happens in the days after a heavy rainfall or so, in the form of water drops. Over time, these result in a build up of limescale (?) on the neighbours terrace tiles. We've contacted our home insurance but they've basically told us that this is not something they cover (really??). Meanwhile, our neighbour is expecting us to remake (removing tiles, water proofing and retiling) our whole 50m2 terrace, which, according to a few presupuestos, would be at least 7000-8000€. Feels like way over the top and we couldn't really afford it. Any advice? 

Thanks alot!
Chris


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## Overandout (Nov 10, 2012)

If its a building defect, the insurance will only cover the damage caused, but not the defect itself. So, if your downstairs neighbour claims that removing the stains and cleaning up the filtrations, that would be paid by your insurance. Stopping the filtrations would not.
If the property is modern, I would pursue a claim with the developer who built it to repair the fault. If it is wear and tear though, I can't see that you can claim from anyone.
Failing that you are going to have to find a way to afford it because legally you are obliged to repair any defect which affects any third party.


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## Localizer (Jun 23, 2016)

shizzlepizzle said:


> Hi guys,
> 
> Let me explain our situation: We have an apartment on the first floor of an "urbanizacion" and it seems that water is leaking through our terrace onto the ground floor neighbour's terrace. It happens in the days after a heavy rainfall or so, in the form of water drops. Over time, these result in a build up of limescale (?) on the neighbours terrace tiles. We've contacted our home insurance but they've basically told us that this is not something they cover (really??). Meanwhile, our neighbour is expecting us to remake (removing tiles, water proofing and retiling) our whole 50m2 terrace, which, according to a few presupuestos, would be at least 7000-8000€. Feels like way over the top and we couldn't really afford it. Any advice?
> 
> ...


Well... I actually think under the horizontal property laws the external terraces (and drains in them) are communal elements of your urbanisation. Any repairs required to address the leaks - talk to your Administrator. If it is a new development, talk to the developer. However - good luck getting cosmetic damage to outside tiling repaired...... I wouldn't entertain that.You can buy products in the supermarket to clean limescale deposits - apply with a generous dollop of elbow grease.


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## ccm47 (Oct 15, 2013)

A 50m terrace? That's the size of a decent 1 bed flat!
I checked with my builder/plumber OH who told me that balconies normally have a concrete base, a substrate on which tiles are laid and then the tiles. If the concrete is of the correct standard then water does not get through it, (think large swimming pools etc.). If water is genuinely going through concrete and the substrate then it is a construction issue which your neighbour has done well to identify on your behalf. If it isn't going through the concrete then you could as a neighbourly gesture seal your tiles with a non-slip sealant.
However the ground floor flat owner will have seen the plans etc and known that rain falls from the sky which will eventually make its way to the ground. If he didn't think to check how rainwater would be dealt with before purchasing his property then he lives with the consequences, as they say "caveat emptor".
My personal comment is that he is mighty lucky that it is only rain coming down. We consistently get washing blowing in from the 2 flats above us together with their cigarette ends (we don't smoke) and sundry other bits of rubbish. All of these need removal whilst wearing rubber gloves before we can do anything else outside..


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