For apartment owners in the Canary Islands · free · no registration

Water damage in your apartment?
What you are entitled to – and what to do now.

The most common mistake in Spanish residential complexes: the stain on the ceiling gets repaired, not the cause – and two years later it is back. The third time round you are told it has “always been like that”. Here you will find the tools to prevent this: a template letter, a form, an information sheet on insurance and deadlines, a checklist. All available for direct download, no mandatory forms, no request for your address.

Three things you should know

Before you sign, pay or have anything repaired.

The cause is the community's job

If the origin lies in the common elements – riser pipe, waterproofing, concrete component –, remedying it is the legal duty of the Comunidad (Art. 10.1 LPH). No resolution is needed for that. Explicitly demand in your report that the cause be remedied – not just the visible damage.

You have two years

Claims against the building insurer for material damage become time-barred two years after the event (Art. 23 LCS). A written report preserves the deadline – a phone call does not. Anyone who has never reported damage from 2025 should report it this week.

The assessment can be recoverable

The costs of a professional damage assessment can be recoverable from the insurer (Art. 38 LCS) and the community – if you have first demanded action in writing and set a deadline. Anyone who commissions an assessment straight away risks being left with the costs.

Free tools

To download, print and use. No newsletter, no email request.

Who is responsible? The short orientation

Basic rule under Art. 396 Código Civil and the Ley de Propiedad Horizontal. What matters is not where the damage becomes visible, but what caused it (STS 80/2024).

ComponentAs a ruleNote
Load-bearing structure: columns, beams, floor slabs, foundationsCommunityEven if the damage becomes visible in your apartment – provided the cause lies in a structural defect.
Façade, external walls, roof, roof waterproofingCommunityPurely common areas without exclusive use rights: unambiguous.
Communal riser and downpipesCommunityUp to the branch into the individual apartment.
Balcony/terrace slab and its waterproofingCommunityThe slab is load-bearing structure. With exclusive use rights: the cause decides.
Floor covering and upkeep of a balcony with exclusive use rightsOwnerLack of maintenance, roots from planters, own alterations – even if the damage only becomes visible on the load-bearing slab.
Internal plaster, floors, sanitary installations after the branch, fittings in the apartmentOwnerYour consequential damage – with a cause in the common elements, part of the same loss event.
Responsibility is not insurance cover. That damage was caused by common elements does not automatically mean the building insurer pays. With wear, corrosion, material fatigue or neglected maintenance there is often no insured event – then the community has to finance it itself. These are two separate questions.

The deadlines that count

DeadlineWhatBasis
immediately, in writingReport the damage to the administrator and the president – in SpanishOnly written reports preserve deadlines; the president is the representative body (Art. 13 LPH)
40 daysThe insurer must pay the undisputed minimum amountArt. 18 Ley 50/1980 (LCS)
3 monthsAfter that, default interest runs against the insurer; after two years at least 20 % p.a.Art. 20 LCS
2 yearsLimitation of claims under the insurance contract for material damageArt. 23 LCS
at any timeDemand information on insurer, policy and claim numberOwner's right to information (Art. 20 e LPH)

Glossary Spanish – English

The terms that appear in every letter, every meeting and every policy.

Comunidad de Propietarios – owners' association
Junta de Propietarios – owners' meeting
Presidente / Presidenta – president, representative body of the community (Art. 13 LPH)
Administrador de fincas – property administrator
Comisión de obras – building committee (not a body, no decision-making power)
LPH – Ley de Propiedad Horizontal – Spanish condominium act
LCS – Ley 50/1980 de Contrato de Seguro – insurance contract act
Elementos comunes – common elements (Art. 396 CC)
Elementos privativos – private elements (your unit)
Uso privativo – exclusive use right (e.g. over a terrace)
Forjado – floor slab / load-bearing slab
Montante – riser pipe
Siniestro – loss event (insurance term)
Parte de siniestro – claim notification to the insurer
Póliza – insurance policy
Perito / Peritación – expert (perito) / assessment by an expert
Gastos de peritación – costs of the expert assessment
Requerimiento – formal demand with deadline
Burofax – evidential delivery service (recognised by the courts)
Acuse de recibo – acknowledgement of receipt
Derrama – special levy
Acta – minutes of the meeting
Impugnación – challenge to a resolution (Art. 18 LPH)
Dirección facultativa – the registered professionals legally appointed to design and direct building works (LOE)
Aviso de reparos – technical notice of concerns
Humedades – moisture damage

If you need support

Not every case can be solved alone.

When the cause is unclear, the community does not react or the insurer refuses, you need a clear technical basis: on-site damage recording, photo documentation, damage description with possible causes and cost estimate as a basis for your report – and, if you wish, support in your dealings with insurer, administrator and community, commissioned by you. This is not a peritación (formal expert report). It is a separate service that we agree individually. Write us briefly what has happened.

General information under the Ley de Propiedad Horizontal and the Ley 50/1980 de Contrato de Seguro. It does not replace legal advice in the individual case; for binding information consult a lawyer (abogado). The applicable regulations, the deed of division (título constitutivo) and the respective insurance conditions are decisive.