Apartment Flooded from Above: Mistakes That Can Leave You Without Compensation and Why the Neighbor Is Not Always to Blame

Apartment flooding is one of the most common problems residents of multi-apartment buildings may face. In such a situation, it is important not only to establish the cause of the accident but also to properly document the damage, as this may affect further compensation for losses.

However, responsibility for the consequences of flooding does not always lie with the owner of the apartment from which the water came. The cause of the accident may be a malfunction of internal apartment equipment or improper maintenance of the building.

If a pipe burst inside the apartment

If the accident occurred on equipment that serves only one apartment, its owner may be responsible for the consequences. According to Article 319 of the Civil Code of Ukraine, the owner possesses, uses, and disposes of their property at their own discretion and has the right to perform any actions regarding it that do not contradict the law.

At the same time, according to Article 1166 of the Civil Code of Ukraine, property damage caused by unlawful actions or inaction must be compensated by the person who caused it.

But the mere fact that water flowed from a specific apartment does not automatically mean the owner is at fault. It is necessary to establish the cause of the accident: whether it was a burst internal apartment pipe, plumbing malfunction, improper maintenance of equipment, or, for example, a problem with the building’s common system.

If the apartment is rented out

The mere fact of renting an apartment does not mean that the owner is automatically responsible for flooding.

If the accident occurred due to the actions or negligence of the tenant — for example, improper use of plumbing or unauthorized interference with engineering networks — in such a case, the tenant may be liable for the damage caused. At the same time, the owner may be responsible if the flooding occurred due to a malfunction of the property for which they were responsible for maintenance.

Separate rules are provided by Article 29 of the Law of Ukraine "On Associations of Co-owners of Multi-apartment Buildings." It establishes that the owner of a premises who caused damage to the property of other owners must compensate for it. The owner may also be liable for damage caused by the tenant if otherwise not stipulated by the lease or other agreement.

Therefore, in each case, it is necessary to establish the cause of the flooding, who exactly caused it, and what is stipulated in the lease agreement.

A common building pipe burst

According to the Law of Ukraine "On Associations of Co-owners of Multi-apartment Buildings," the HOA must ensure proper maintenance and technical condition of the building’s common property.

If the building is serviced by a manager, their duties are defined by law and the agreement with co-owners.

The Law of Ukraine "On Housing and Communal Services" defines the service of managing a multi-apartment building as an activity aimed at maintaining and repairing common property according to the terms of the contract.

Thus, if the accident occurred due to improper maintenance of the common network, failure to fulfill a malfunction request, or untimely repair, responsibility may lie with the HOA, the manager, or another organization responsible under contract for technical maintenance.

How to properly document flooding

First of all, it is necessary to document the fact of flooding and the damage caused. Do not rush to repair until the consequences of the accident are properly recorded. For this, an act of apartment flooding is drawn up. It is prepared by a commission with the participation of representatives of the entity responsible for servicing the building and internal building systems. Depending on the form of building management, the commission may include representatives of the manager, HOA, or servicing organization.

At the same time, photo and video documentation of the damage is necessary. It is advisable to capture not only the general appearance of the premises but also each damage separately: ceiling, walls, floor, finishes, furniture, and other property.

If the guilty party does not voluntarily compensate for the damage, the injured party may file a lawsuit for property damage compensation.

According to Article 4 of the Law of Ukraine "On Court Fees," when a physical person files a property claim, a fee of 1% of the claim amount is paid, but not less than 0.4 and not more than 5 subsistence minimums for able-bodied persons established as of January 1 of the respective year.

At the same time, the court fee is not the only possible expense. Costs may also arise for appraisal, technical inspection, expertise, legal assistance, and other procedural actions.

According to Article 141 of the Civil Procedure Code of Ukraine, court costs are generally distributed between the parties depending on the case outcome. At the same time, according to Article 81 of the Civil Procedure Code of Ukraine, each party must prove the circumstances to which it refers. Therefore, the mere fact that water came from the apartment above may be insufficient to recover damages from its owner.

Therefore, in each specific case, it is necessary to establish the cause of the accident, the place of its occurrence, and determine who was responsible for the maintenance and technical condition of the relevant section of the water supply networks.

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