Legal advice

Leaking roof in an apartment building. Who should fix it?

28.01.2022 Aleksandrs Koposovs, the member of the board

There are two normative enactments in Latvia – Law on Administration of Residential Houses (“Law”) and Cabinet Regulations No. 907 Regarding the Survey, Technical Servicing, Current Repairs and Minimal Requirements for Energy Efficiency of the Residential House (“Regulations”).

According to part 2 of article 6 of the Law, residential house administrator is obliged to maintain a residential building in proper condition – to provide technical and sanitary services, as well as current repairs.

According to paragraph 6 of the Regulations, the maintenance of a residential building, equipment and engineering networks in it, as well as visual and technical inspection, and elimination of damage is provided by the residential house administrator.

The roof is an integral part of the house, as well as a common area. Therefore, if there is a problem associated with a roof leak in a residential building, roof repair is a mandatory action for the residential house administrator, and he is obliged to fully pay all the costs of eliminating defects (Article 7 of the Law).

When troubleshooting, the Regulations define 2 types of repairs:

  1. Timely repair – timely repair of damage.
  2. Scheduled repairs – prevention of damage within the period set by the residential house administrator of the residential building.

In accordance with paragraph 19 of the Regulations, If such circumstances are established during a visual inspection or technical survey which may cause the occurrence of damage, the residential house administrator shall take the necessary measures for the elimination of the abovementioned circumstances.

Thus, the owner of the apartment has every legitimate reason to demand that the residential house administrator inspect the roof and carry out the necessary repairs at the expense of the manager. Therefore, it is recommended to send an appropriate letter to the residential house administrator with a request to inspect and repair damage to the roof.

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