Leak below floor of my apartment - am I liable?

aidanBCN

I own an apartment in an apartment block. There is a pipe that leaves a bathroom in my apartment and goes down through the concrete floor of my apartment, and then it runs parallel (but below) my floor before it reaches a common escape pipe. This pipe is blocked somewhere under my apartment.
There is a shop under my apartment (the blocked pipe is in a space below my floor and above the ceiling of the shop unit). The pipe is now leaking and water is dripping into the shop below.
The question is: is it my responsibility or the responsibility of the owner's management company to unblock the pipe.
I have read the "Multi-Unit developments Act 2011", and it defines the common area as:
“common areas” means all those parts of a multi-unit development designated, or which it is intended to designate, as common areas and including where relevant all structural parts of a building and shall include in particular—  ...
cisterns, tanks, sewers, drains, pipes, wires, central heating boilers, other than such items within and serving only one unit in the development;
For me the key is that it says that all pipes, etc are part of the common area, except those that are within AND serving only one unit. In other words, both of those conditions must be true for a pipe not to be considered part of the common area.
My understanding is that, as the blocked pipe is not within my unit it is not my responsibility (regardless of the fact that it is only serving my unit).
It my understanding correct? The management company are saying that it is my responsibility.
Thanks a lot for your time (its quite urgent as the pipe is currently leaking!)

nuac

Mod
You should talk to your own solicitor.
Leaving open for general discussion subject to rule against legal advice

Victor

Presumably you and your plumber have no right to access the shop below.

For all you know, the blockage is actually further down the pipe(s) and is backing up and/or the shop occupier damaged the pipe.

Have the management company fix the problem first, sort the modest bill before it becomes a bigger one.

Do you use those untearable tissue papers or flush anything solid (no, not those solids ) down the toilet? If you are, the management company would be correct to bill you.

Pat Mustard

aidanBCN wrote: »

My understanding is that, as the blocked pipe is not within my unit it is not my responsibility (regardless of the fact that it is only serving my unit).
It my understanding correct? The management company are saying that it is my responsibility.
Thanks a lot for your time (its quite urgent as the pipe is currently leaking!)

If this is urgent, then I would suggest to you to go to your solicitor to ask him/her to check your covenants and obligations under the lease and also the covenants and obligations of the management company. Perhaps correspondence with the management company could resolve the issue.

Is the owner of the shop also a member of the management company?

Meanwhile, the leak is ongoing, presumably. Has the shop owner called a plumber or somebody to make sure that the damage does not become worse?

NUTLEY BOY

It would also be worth checking if there is an insurance policy that might cover this. I expect that there should be a policy covering the general building that will have been effected by the management company.

Del2005

NUTLEY BOY wrote: »

It would also be worth checking if there is an insurance policy that might cover this. I expect that there should be a policy covering the general building that will have been effected by the management company.

The excess on MUD insurance policies makes most claims not viable.

OP it doesn't matter who pays in the end as you are a member of the OMC it'll eventually come back to you, though a smaller amount.