Community apartment ,who pays water damage

The apartment below me is getting rain water in from my outside terrace,The Community don't think they should pay 100% of the remedial work to dig up & re lay the terrace as it is part of my unit. I say it is also part of the outside facia of the building,a structural floor & the roof of the apartment below & therefore a communal responsiblilty. Who´s right? What should I do?

I think you answered your own question... By saying it is your terrace so you would be your responable for the up keep and to make sure it had adequate drainage if you have buildings insurance ask them  ...sorry to be blunt .

My friend had exactly the same issue, unfortunately it was his responsibility. I'm not certain whether his buildings insurance covered it, but think it may have

My terrace forms the roof of the apartment below The communidad informed me that it was our responsibility Luckily the owners below were approachable and we managed to come to a satisfactory compromise 

A surveyor´s opinion is needed here. Ask your Insurance about this

moules

Our Community has similar problems and after many questions and research, it would appear under 

HPA, communal roofs are part of the facade and communal responsibility

However under the higher

Civil Law, a penthouse roof or solarium or terrace that is ONLY for the use of the owner I.e. No communal access

The responsibility of maintenance and repairs falls to the owner unless you can sue the builder for defects.

Your Escritura should tell you exactly.

Just a thought.  

If the terrace is not part of the structure but the property of the person who has use of it, can he/she dig up the terrace  ?

   Of course he/she cannot so it cannot be his/her property no more than the roof of an ático can be the property of the ático owner.

As I said, just a thought

John

Its as I said HPA regards is as communal.

Civil Law apparently regards it as private.

This is Spain after all.

Perhaps Maria would care to comment.

Own terrace is a privative ( individual) elememt. Its external facing is a commun element.

There you have it John

Clear as mud

An external terrace is both private and communal.

I suspect that the terrace itself is private but the external walls surrounding it are communal.