A leak from the upstairs neighbour, who denies it: what to do

What happened in the case?

For years, water had been seeping into the ceiling of the children's room in our client's apartment, in a luxury building in north Tel Aviv. The neighbour living above her denied that the water was coming from his apartment. A report by the insurance company and an inspection by a leak detection company pointed to his balcony, but he refused to carry out repairs, claiming that he was a civil engineer and understood the matter well.

We filed a claim for a mandatory injunction and compensation. The court appointed its own independent engineer. He found that the source was a defect in the drainage box and the drainage pipe of the balcony in the neighbour's upper-floor apartment, and ruled out penetration through the external walls or the waterproofing. He also set out the order of works: first the source is repaired at the neighbour's apartment, then it is inspected again, and only then is the damaged apartment restored.

The case ended in a settlement that was given the force of a judgment: the neighbour undertook to repair the drainage within 30 days, a laboratory then carried out a follow-up inspection, and only after the repair was approved was the apartment restored. In addition, the neighbour paid NIS 20,182, covering the cost of the court-appointed engineer, the mediation and the court fee.

How do you prove where a leak is coming from?

• Document it: dated photographs and videos, every time the stain spreads or water drips.
• Contact the insurance company that covers the apartment or the building. Its loss adjuster's report is the first piece of evidence.
• Have the leak inspected by a professional leak detection technician. Thermal imaging and moisture testing give a clear picture.
• Send the neighbour a formal letter setting out the findings, and ask for access to inspect his apartment.
• If he refuses, the court will appoint an engineer who will enter both apartments.

Who is responsible: the neighbour or the house committee?

It depends on where the defect is. Pipes, drainage and waterproofing that serve a single apartment are usually the responsibility of the apartment owner. Shared pipes, a shared roof or external walls are part of the common property, and responsibility for maintaining them lies with the condominium's representative body. That is why the engineering inspection comes before anything else: it determines whom you sue.

Why does the order of repairs matter?

If the ceiling is restored before the source has been repaired, the stain will come back and the money will go down the drain. That is why both the court-appointed engineer and the settlement in our case provided that the restoration of the lower apartment would be carried out only after a follow-up inspection confirmed that the leak had stopped.

What can you obtain in a claim?

• An order requiring the neighbour to repair the source.
• The cost of restoring the apartment: plaster, paint, ceiling and damaged furniture.
• Reimbursement of the cost of inspections and expert opinions.
• Compensation for distress, depending on the circumstances.

When should you consult a lawyer?

Do you have a leak coming from another apartment and a neighbour who will not cooperate? Send us photographs and an inspection report; if you do not have an inspection report, we will refer you to the right professional to prepare one, and tell you what the next step is.

To arrange a call: 052-5927592, or on WhatsApp using the button on the website.

About the author

Amos Ilan is an advocate (Israel Bar no. 35320) and a notary (licence no. 214444). The office is at 17 Tzahal Street, Ness Ziona, and handles real estate transactions, construction defects, condominium disputes and civil litigation.