It depends on where the blockage is and what caused it. If it is in a common element (the downpipe, the main sewer pipe, the general inspection chambers or the connection to the sewer network), the homeowners' association pays for it, shared among all owners. If it is in the pipe that only serves one home or commercial premises, its owner pays. And if a neighbour caused it through misuse, the association can claim the cost from them even if the blockage is in a common area.
In a building, the problem is almost never paying for the unblocking, but agreeing on whose turn it is. The water comes up in the flat below, the blockage may be in the downpipe and the cause may come from any floor. That's why, before splitting the bill, you need to know where the blockage is and what formed it.
In this guide we explain which pipes are common and which are private, who pays in each case, what happens with damage to other flats and what the affected neighbour and the property manager should do.
This information is for guidance only and does not replace advice from a lawyer or your property manager. Each association's bylaws and each case may have their own nuances.
Common and private pipes: where yours ends
The key to knowing who pays is to distinguish between common and private elements. Article 396 of the Spanish Civil Code includes among the common elements of the building the drainage pipes and ducts “up to the entrance to the private space”.
In practice, a building's drainage system is divided as follows:
- Private: the drains of the fixtures (toilet, shower, sink, washing machine), their traps and the section that runs inside the home or premises up to the connection with the downpipe. It only serves that home.
- Common: the downpipe, which collects water from several floors; the main sewer pipe, which joins the downpipes on the ground floor or in the basement; the general inspection chambers, and the connection linking the building to the sewer system or to the shared septic tank.
A downpipe is still common even if it runs through your flat or is hidden behind a false ceiling. What counts is that it serves several homes, not where it runs.
The most disputed area is the junction between the home's branch pipe and the downpipe. The courts have not always ruled the same way, so it's a good idea to check the association's bylaws and, if in doubt, consult the property manager.
Who pays depending on where the blockage is
With that distinction, the usual split is as follows. Under the Horizontal Property Act, the association must maintain the common elements (article 10) and each owner must keep their own installation in good condition (article 9).
|
Where the blockage is |
Who usually pays |
Why |
|---|---|---|
|
Drain or trap of a fixture |
Owner of the home or premises |
Private installation |
|
Inside section up to the downpipe |
Owner of the home or premises |
It only serves that flat |
|
Downpipe |
Homeowners' association |
Common element |
|
Main sewer pipe on the ground floor or in the basement |
Homeowners' association |
Common element |
|
General inspection chambers of the building |
Homeowners' association |
Common element |
|
Connection to the sewer network |
Homeowners' association (within the plot) |
Common element |
|
Shared septic tank |
Homeowners' association |
Common installation |
|
Common element blocked by a specific neighbour |
That neighbour, if it can be proven |
They are liable for the damage they cause |
The costs borne by the association are shared among all owners according to their ownership share, unless the bylaws say otherwise.
If the connection fails outside the plot, on the public road, you should notify the town council or the company that manages the municipal sewer system.
When a neighbour causes the blockage
The fact that the blockage is in the downpipe doesn't mean the association always pays. If it is proven that a specific neighbour or business caused it, for example by flushing wet wipes, nappies or objects down the toilet, or pouring grease down a restaurant sink, the association can claim the cost of the unblocking from them.
The difficulty lies in proving it. A downpipe collects water from several floors, and it isn't always possible to know which one the waste comes from. That's why it's so useful for the technician to locate the exact point of the blockage and show what formed it.
If the flat is rented, the association deals with the owner, and it is the owner who, where appropriate, sorts it out with their tenant. We explain this in blocked drain in a rental property: does the landlord or the tenant pay?.
What about damage to other flats?
When a blocked downpipe causes water to come up through the drains on the lower floors, as well as unblocking it, the damage has to be repaired: floors, furniture or damp.
- If the blockage was in a common element, the association is usually liable for that damage, normally through its insurance.
- If it came from a neighbour's private installation or their misuse, that neighbour is liable, normally through the third-party liability cover of their home insurance.
Each policy is different, so it's a good idea to report it as soon as possible and check the conditions with the insurer.
How to tell if the blockage is yours or the association's
Before the technician arrives, there are signs that can point you in the right direction:
- If only one fixture in your home is affected, the blockage is most likely in its drain or in your section of pipe.
- If several fixtures in your home fail at the same time, it may be in your inside section or at the connection with the downpipe.
- If water comes up through the drains on the lower floors, or several neighbours have problems, the blockage is usually in the downpipe or the main sewer pipe. We explain this in blocked downpipe.
- If an inspection chamber in the courtyard or garage overflows, the problem is in the common network. We look at this in blocked inspection chamber.
To confirm it, the technician can proceed in two ways.
When unblocking
When unblocking with a vacuum tanker truck and high-pressure water, the point where the blockage is and what comes out of the pipe (wet wipes, grease, building debris, roots) already say a lot about the cause. This is the drain unblocking and pipe cleaning service.
With a camera inspection
When the blockage comes back or it isn't clear where it is, a camera pipe inspection travels through the pipe from the inside and shows whether the problem is in a private branch or in the downpipe, and whether it is due to debris, a break, a sunken section or roots. With 360° pan-and-tilt cameras, every joint and every wall is checked.
If the network has no accessible access point, it first has to be found with hidden inspection chamber detection.
What to do about a blockage in the building
If you are the affected neighbour
- Stop using the affected drains so the water doesn't keep rising.
- Check whether other neighbours have the same problem. If so, it is almost certainly a common problem.
- Notify the president or the property manager as soon as possible, preferably in writing, explaining what is happening and since when.
- Take photos of the damage and, if there is any, report it to your home insurance.
- If the blockage is only yours, for example a single fixture, the repair is your responsibility and you can call a drain unblocking company directly.
If you are the president or the property manager
- Act quickly. The Horizontal Property Act allows the property manager to order urgent repairs, reporting afterwards to the president or the owners.
- Hire a service that locates the blockage, not just one that clears it: knowing where it was is what decides who pays.
- If it happens again, request a camera inspection. A defect in the downpipe will keep causing blockages until it is repaired, for example with a pipe repair without excavation.
- Keep the invoice and the results of the work, in case you need to make a claim against a neighbour or the insurer.
Prevention is cheaper than splitting the bill
In buildings with several floors, hospitality businesses or old pipes, blockages in the downpipe keep happening. Periodic cleaning prevents most of them and, with them, the arguments about who pays. We explain how often it should be done in pipe maintenance in residential communities.
Frequently asked questions about drain unblocking in homeowners' associations
Who pays for unblocking a downpipe?
The homeowners' association, because the downpipe is a common element. The cost is shared among all owners according to their ownership share, unless the bylaws say otherwise or it is proven that a specific neighbour caused it.
If the downpipe runs through my flat, is it mine?
No. The downpipe serves several homes, so it is a common element even if it runs through your flat or is hidden behind a false ceiling. What is yours is the section that runs from your fixtures to the connection with it.
Who pays if it's not known which neighbour caused the blockage?
If the blockage is in a common element and it cannot be proven that a specific neighbour caused it, the association bears the cost, shared among all the owners.
Can I call a drain unblocking company myself if the blockage is the association's?
It's best to notify the president or the property manager first, as they are the ones who order repairs to common elements. If it is an emergency and you can't reach anyone, keep the invoice and ask them to state where the blockage was so you can claim the amount from the association.
Who pays in a residential development with a shared septic tank?
If the septic tank serves several homes, emptying it and clearing its blockages is a common expense of the association or development, shared according to its bylaws. Blockages in the pipe that runs to the tank from a single home are the responsibility of its owner.
Knowing where the blockage is avoids arguments
In a homeowners' association, a blockage in the downpipe, the main sewer pipe or the general inspection chambers is paid for by the association; one in the pipe of a home or business, by its owner; and if a neighbour caused it, the association can claim it from them. To apply this split, the blockage and its cause must first be located.
At Limpiezas Domingo e Hijos we work for homeowners' associations, property managers, residential developments and homes in the Marina Alta and La Safor, with more than 15 years of experience. We unblock drains with a vacuum tanker truck and high-pressure water, inspect the network with a camera when we need to see the cause and offer a 24-hour emergency service. To stop blockages from happening in the first place, our pipe maintenance contracts schedule preventive inspections and cleaning.
Call us on 672 450 224 or 966 447 070, or request a quote.