Access to Property for the Repair of Pipes and Drainpipes in Condominium Communities

Under the Horizontal Property Act (LPH), property owners are obligated to allow access to their homes or premises for essential repairs, such as fixing cracks in sewage drainpipes. According to Article 9, section c) of the LPH, owners must consent to such interventions, known as "indispensable easements," when there are no viable alternatives through common areas of the building.

Article 396 of the Civil Code reinforces this obligation by defining the common elements of a building necessary for its proper use and enjoyment, including "installations, conduits, and pipelines for drainage and the supply of water, gas, or electricity." Even if these installations run through private spaces, they are the responsibility of the community, making their maintenance and repair crucial for the building's proper functioning. This article states that common elements, such as drainage pipelines, are indivisible and cannot be separated from the private property to which they are linked.

In cases where an owner refuses to allow access for these repairs, the community of property owners may act in accordance with the law and even take legal action. Judicial rulings usually favour the community, requiring the owner not only to allow access but also to compensate neighbours affected by any damage caused by the delay in repairs.

In summary, both the LPH and the Civil Code clearly establish that property owners must facilitate access to their homes for essential repairs to common elements, such as pipes and drainpipes, thus ensuring the integrity of the building and the well-being of all residents. Nevertheless, this has to be enforced in a timely manner through the proper channels and according to the corresponding proceedings and by the proper actors.