Water damage in co-ownership: who to notify and what to keep
Practical advice

Water damage in co-ownership: who to notify and what to keep

When water damage occurs, the first few hours are not about assigning blame: they are about limiting the damage, identifying the likely source and keeping the useful information. The rest is decided later, file in hand.

Limiting the damage

First of all, protect people and stop things getting worse. Depending on the situation:

  • shut off the accessible water supply;
  • protect people;
  • move electrical appliances away;
  • do not handle a dangerous installation;
  • contact the emergency services in the event of immediate danger;
  • notify the occupant of the presumed source premises;
  • contact the building's emergency service, if one exists.

A precautionary measure does not establish liability: it merely protects the building and its occupants.

Notifying the right people

Depending on the case, several people must be informed:

  • managing agent (syndic);
  • owner;
  • tenant;
  • neighbour;
  • insurer;
  • service provider;
  • plumber;
  • leak-detection company;
  • emergency services.

The syndic must be informed when the damage affects, or may affect, a common area, several units or shared equipment.

Describing the facts

A useful report is precise and dated. It should include:

  • address;
  • building;
  • unit;
  • date and time;
  • location;
  • progression;
  • affected premises;
  • measures taken;
  • people present;
  • photographs;
  • recent works.

Always distinguish observation from assumption: what you saw is not the same as what you suppose.

Keeping the photographs

Pictures taken early are often worth more than a long account. Plan for:

  • a general view;
  • the exact area;
  • the extent;
  • the damaged property;
  • the readings;
  • progression over time.

Organising the search for the source

Finding the leak may take more than a quick look. Depending on the needs:

  • inspection;
  • access to several units;
  • pipe inspection;
  • watertightness test;
  • non-destructive investigation;
  • opening up;
  • specialist intervention.

Reporting the claim

The claim may fall under several contracts at once. Check:

  • the building's insurance;
  • the owner's insurance;
  • the tenant's insurance;
  • the deadlines;
  • the forms;
  • the deductibles;
  • the loss assessment.

The syndic handles the file falling under the co-ownership's insurance. Each owner or occupant, for their part, complies with their own contractual obligations.

Distinguishing three questions

Water damage mixes together three questions that must be kept separate:

  • the source;
  • the liability;
  • the coverage.

These three answers are not necessarily the same: the source of a leak does not automatically identify who is liable, and the liable party is not always the one who ultimately pays.

Keeping the file

Everything hinges on traceability. Gather in one place:

  • the report;
  • the photographs;
  • the correspondence;
  • the reports;
  • the emergency invoices;
  • the quotes;
  • the claim declarations;
  • the claim number;
  • the loss assessment;
  • the decisions;
  • the works;
  • the acceptance of works;
  • the payments.

Key points

  • limit the damage first;
  • describe the facts, without confusing observation and assumption;
  • inform the syndic when the common areas are involved;
  • keep the timeline and the photographs;
  • distinguish source, liability and coverage.

Disclaimer

This page describes a practical method for responding and building a file. It does not replace the terms of your insurance contract or the rules of your co-ownership regulations, which determine the declarations, deadlines and coverage applicable to your situation.

This page is provided for information only and does not constitute legal advice. The official Luxembourg texts prevail; if in doubt about a specific situation, consult a professional.

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