There is often a doubt that, in case of infiltration from terraces, whose responsibility are the expenses related to waterproofing, particularly when the terrace is solely being use by one unit.
In accordance with the provisions of the law and unless otherwise specified, the expenses necessary for the preservation and usage of the common parts of the building, and the payment of services of common interest, are paid by the unit owners in proportion to the value of their units in ‰ (permilagem). The expenses relative to parts that serve exclusively one of the condominium owners are upon of those who serve them.
For the foregoing and because, under the law, roof terraces, even if used for the exclusive use of one of the fractions, are imperatively considered as common parts, and therefore the repair must be done by the condominium, at the expense of all condominium owners, in proportion to the value of their units in ‰ (permilagem).
This is because, although the law provides that the expenses related to the common parts of the building that only serve one or some condominium owners are in charge of those who are used, which would lead us to charge the cost of the works in question only to the owner of the unit with roof terrace, it is understood that such exclusivity only covers the cover constituting the upper layer of the slab which, in its entirety and as a cover and element of the building structure, serves all other condominium unit owners. Therefore, all the reparations related to waterproofing shall be borne by all the joint owners in proportion to the value of their fractions in ‰ (permilagem).
This is the rule should be applied always, unless if it is established that the infiltration was caused by improper action by terrace users, for example by perforation of the insulation screen, in particular by drilling for an antenna, or by making flower beds. In this case, the responsibility will be only upon the owner of the unit in question and, for this reason, not only will have to bear the costs of the waterproofing works, but also the responsibility of compensating the owners of inferior units, for damages caused as a consequence of these actions.