Steps to follow when water infiltration occurs
When water infiltration comes from the apartment above: 1) document damage with dated photos and videos, 2) notify your landlord by registered letter, 3) contact the building manager (syndic) in a condominium, 4) file an insurance claim, 5) if unresolved, file a claim with the justice of the peace.
Water infiltration from an upstairs apartment can originate from multiple sources: a plumbing leak, an overflowing bathtub, faulty waterproofing, or a structural defect. The responsible party depends on the cause:
- Tenant’s fault (upstairs): overflowing appliance, blocked drain due to misuse
- Landlord’s responsibility (upstairs): structural waterproofing, old pipes, building defects
- Common areas: shared plumbing, roof leak — the condominium (co-ownership) is responsible
Who is responsible for the damage
| Cause | Responsible party | Legal basis |
|---|---|---|
| Tenant’s negligence (upstairs) | The upstairs tenant | Article 1382 Civil Code (fault) |
| Structural defect | The upstairs landlord | Article 1721 Civil Code (hidden defects) |
| Common area defect | The condominium | Article 3.101 new Civil Code (neighbourhood disturbances) |
| Unknown cause | Shared / insurance | Insurance policies |
In case of active water infiltration, take immediate steps to limit damage: place containers, move valuables, and if possible, contact the upstairs occupant to stop the source. Document everything with timestamped photos before any cleanup.
Insurance and compensation
Most water damage claims are handled through insurance:
- Tenant’s fire insurance (assurance incendie locataire): covers your personal belongings damaged by water
- Landlord’s building insurance: covers structural damage to your apartment
- Upstairs tenant’s liability insurance: covers damage they caused to third parties
- Condominium insurance: covers damage from common areas
File a claim with your insurer within 8 days of discovering the damage. The insurance companies will handle the inter-company settlement (convention Assuralia) in most cases, avoiding lengthy court proceedings.
If insurance does not cover the full damage, you can seek additional compensation from the responsible party through the justice of the peace.
Regional specifics
Brussels-Capital Region
The Ordinance of 27 July 2017 reinforces the landlord’s obligation to maintain the property in a habitable state. Persistent infiltration can constitute grounds for a habitability claim.
Wallonia
The Decree of 15 March 2018 provides similar protections. If infiltration causes insalubrity, the municipal authorities can intervene.
Flanders
The Flemish Housing Rental Decree of 9 November 2018 requires rental properties to meet quality standards, including waterproofing. Wonen Vlaanderen can inspect and declare a property unfit if infiltration makes it uninhabitable.
Article 3.101 of the new Civil Code (neighbourhood disturbances). Articles 1382-1386 of the Civil Code (civil liability). Article 1721 of the Civil Code (hidden defects).