Who Pays? The Decisive Distinction
Who bears the cost of a water or gas leak depends on whether it originates from the shared installation or from the plumbing inside a unit.
- Shared installation: the cost is shared among all owners in proportion to land shares. Main risers, lines before the shared meter and the main pipe fall into this category.
- Inside a unit: both the repair and the damage caused to a neighbouring flat fall on that unit's owner.
- Where a tenant is at fault: the tenant may also be liable, and the owner can seek recourse for what they paid.
Payments made before this is established may not be recoverable later. Determine the source first, then pay.
How Is the Source Established?
Leak detection should be carried out and reported by an authorised company. The management, the occupant of the damaged flat and the occupant of the flat said to be the source should all be present.
If a party refuses to sign the report, an application can be made to the Civil Court of Peace to preserve evidence. A court-supervised inspection carries far more weight in later proceedings.
Copyable Leak Inspection Report Sample
……………………… APARTMENT / COMPLEX
WATER / GAS LEAK INSPECTION REPORT
Report No: …… Date: …/…/20… Time: ……:……
1. DATE DAMAGE REPORTED: …/…/20…
2. UNIT AFFECTED: Unit no. …… — Occupant: ………………
3. DESCRIPTION OF DAMAGE: ……………………… (damp and blistering paint on the ceiling / mould on the wall / swollen flooring / damaged furniture) — Approximate area affected: …… m²
4. INSPECTION CARRIED OUT BY: ……………………… (company / authorised technician) — Reference: ………………
5. METHOD: ……………………… (thermal imaging / pressure test / visual inspection)
6. SOURCE OF LEAK: ……………………… (bathroom plumbing of unit no. …… / main riser / shared hot water pipe / roof waterproofing)
7. CLASSIFICATION: Shared installation / Plumbing inside a unit
8. PROPOSED REPAIR AND ESTIMATED COST: ……………………… — ………… TRY
9. EMERGENCY MEASURES TAKEN: ……………………… (relevant valve closed / water shut off)
This report has been drawn up and signed in the presence of the parties to record the source of the leak and the damage.
Manager ……………… Signature
Occupant of damaged unit ……………… Signature
Occupant of unit concerned ……………… Signature
Inspecting technician ……………… SignatureNote: Party refusing to sign: ……………… (if any)
Copyable Cost Allocation Notice Sample
……………………… APARTMENT / COMPLEX MANAGEMENT
COST ALLOCATION NOTICE
Date: …/…/20…
Dear ……………………… (Full Name) — owner of independent unit no. ……,
By inspection report no. …… dated …/…/20…, the water leak affecting unit no. …… was found to originate from ……………………… (the plumbing inside your unit / the shared installation).
The breakdown of repair and remediation costs is as follows:
– Leak detection: ………… TRY
– Plumbing repair: ………… TRY
– Repairs in the affected unit: ………… TRY
– Other: ………… TRY
TOTAL: ………… TRYBased on the inspection, ……………………… (this amount falls entirely on you / the amount has been allocated among the owners in proportion to land shares and your share is ………… TRY).
We kindly request payment of that amount into account ……………… by …/…/20…. Failing payment, the sum will be pursued as a common expense claim through legal channels.
……………………… Apartment/Complex Management
Manager: ……………… (Full Name) — Signature
ANNEXES: 1) Inspection report 2) Invoices and receipts 3) Photographs
Filling Guide
In the report, always record the source and the classification (shared or internal) on a separate line. The whole cost allocation rests on that finding.
Take dated photographs showing both the damage and the source. A photograph of the damage alone does not prove where it came from.
Obtain a survey and cost estimate before repairs. Once the work is done, proving the extent of the damage becomes very difficult.
If Payment Is Not Made
Costs arising from the shared installation are common expenses, so non-payment can be pursued under Article 20 of the Condominium Law with late payment compensation accruing.
For damage from plumbing inside a unit, the rules on tort apply: send a notarial notice and, failing payment, bring a compensation action before the Civil Court of Peace.
If the home insurance policy covers water damage, the loss can also be claimed from the insurer, who may then seek recourse against the party at fault.
Common Mistakes
- Repairing before inspection: without establishing the source, liability remains disputed.
- A one-sided report: a report made without inviting the occupant concerned is weak.
- Ignoring the shared/internal distinction: it is the sole basis for allocating the cost.
- Not keeping invoices: undocumented costs cannot be claimed.
- Missing the limitation period: tort claims are subject to time limits.
This content and these templates are for information only and are examples. Adapt them to your specific situation.
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Frequently Asked Questions
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The content is prepared by the Apt Yönet team, drawing on 8 years of hands-on experience in apartment and residential-complex management, in line with current legislation and Court of Cassation rulings.