News

A ruling by the Provincial Court of Granada, issued on June 27, 2025, reinforces the legal position on who should bear the costs of dampness leaking from a terrace into the apartment below. The court concluded that if the source lies in structural defects — such as failures in waterproofing or water drainage systems — the community of property owners is responsible, not the attic owner.

The decision is based on Article 396 of the Civil Code, which considers floor slabs and roofs as common elements of the building. It also refers to Article 348 of the Civil Procedure Act, giving full credibility to the expert report that identified a structural origin of the damage.

Furthermore, certain community statutes were rejected as invalid since they were not registered in the Land Registry, as required by Article 5 of the Horizontal Property Act.

The Supreme Court's doctrine (Judgment No. 80/2024) supports this view: if the damage originates from structural elements, the community is responsible. Only in cases of misuse or negligent private modifications will the cost fall on the owner.