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Water flowing from the balcony of the top apartment just wet and soil your balcony? This situation creates many neighborhood problems. And it is difficult to solve when this water comes from the natural flow of balcony balcony rain water. If, on the other hand, the water originates from the watering or washing with large water of the upper balcony, you do not have to undergo these nuisances.

Flow of water from the upper balcony

Flow of water from the upper balcony

The evacuation of rainwater is an obligation

The evacuation of rainwater from one property to another is governed by different laws. However, if these texts speak of water coming from the roof (Article 681 of the Civil Code) or water "flowing naturally" from one property to another (Article 640 of the Civil Code), nothing is specified concerning the runoff from one balcony to another.

DTUs (Unified Technical Document) 20.12 and 43.1 define the rules for watertightness and drainage of rainwater from balconies, terraces and roof terraces. If a slope and an evacuation to the outside are well planned, nothing is said about the possible nuisance generated by the flow of water on the lower balconies.

How to evacuate rainwater from a balcony?

Balcony and terrace are two different architectural elements but often their respective names are used interchangeably for one or the other.
A balcony is a slab that protrudes projecting on the facade of the building. It is slightly sloping so that the rainwater can drain freely to the outside.
The terrace is an integral part of the building and it has a parapet that is to say a rim. Rainwater can not flow freely. She is recovered to a lancet or pissette which projects it outside or is conveyed by a throat to the rainwater drainage system.
In the latter case the evacuation of water does not disturb anyone.
On the other hand in case of natural flow or via a pissette or lancet, the water falls on the bottom bottom.

Is a balcony a private or common part of a building?

The balconies or terraces of a co-ownership are most often considered as common areas enjoying exclusive rights of enjoyment. They constitute an element of the structural work and it is for this reason that they are classified as common parts.
And no, you do not own your balcony! Unless the co-ownership regulations explicitly grant you this right.
The condominium policy is the reference document to know if you have a simple right of private use of your balcony or if you own.

If the balconies of your building are common parts, water flows from common part and common part... without you can prevent it. Unless you ask at the next meeting of condominiums that the wash bottles are diverted so that the water falls outside your balcony. If at least that is possible.
The cost of the work will be the responsibility of all the co-owners.
If the balconies are private parts, the problem remains almost the same. It will be against your neighbor above who will pay the work. But you will have to obtain the authorization of the whole of the co-ownership for the realization of these works.

What to do when the flowing water comes from home use?

Outside the rainwater that you must let flow, you do not have to suffer runoff of plant watering water or cleaning the balcony above you. Unfortunately these neighborhood troubles are quite common.
In this case, that the balconies of your residence are considered as common or privative parts, you are entitled to ask your unscrupulous neighbor to take precautions for this water does not flow any more at your place.
As for all neighborhood troubles, start with an amicable approach:

  • Contact your neighbor to explain the situation.
  • If there is no reaction, proceed to the registered mail with acknowledgment of receipt.
  • If the disturbance persists, contact the property manager and / or the owner of the apartment if your neighbor is a tenant.
  • Appealing to a conciliator of justice can allow you to be successful and to resume the dialogue when the situation is blocked everyone considering himself in his right...


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