Substituting the flooring on a balcony in a flat complex: who covers the expenses

Rectifying balconies in a condo involves not only construction duties but also addresses legal matters, communal property management regulations, and technical facets. In most instances, a projecting (canopy) balcony is viewed as an extension of personal property. Nevertheless, the choice to renew its top layer necessitates a cautious approach: the boundary between personal ownership and the overall architectural look of the structure is frequently quite delicate.

Is it viable to alter the balcony covering?

The proprietor of the flat is entitled to substitute or upgrade the flooring on their balcony since it falls under their personal ownership. Nonetheless, unlike tasks within the flat, any modifications externally impact the appearance of the full structure and its surroundings.

Hence, there exist restrictions and regulations overseeing tasks on balconies to prevent conflicts with other occupants.

The necessity to uphold the architectural look

The notion of architectural appearance is applicable not solely to historic edifices but also to any residences with a consistent style. English: Legal precedents have repeatedly upheld that alterations deteriorating the facade's appearance can be disputed:

• Color consistency: if all balconies are adorned, for instance, with gray ceramic tiles, installing vivid red tiles might be deemed a violation;
• Visibility: the more visible a balcony is from the street, the more stringent the design requirements.

Technical renovation methods

There exist two primary alternatives:

• Overlaying the existing covering: if the base is in good shape and devoid of leaks, raised systems or thin tiles can be utilized. This method is more cost-effective and quicker;
• Substantial refurbishments: if cracks or leaks are present, removing the old covering entirely down to the concrete slab is essential. Such overhauls ensure a lifespan of 25-30 years.

Material prerequisites

The material for the balcony should adhere to technical standards:

• Anti-slip attributes - not below class R11;
• Resistance to frost;
• Minimal water absorption (like premium porcelain stoneware).

The role of condo regulations

Before commencing work, it's crucial to review the building regulations, which might impose more stringent requisites than the law. Two types of rules exist:

• Contractual regulations: unanimously sanctioned or stipulated in sales agreements. They may restrict material options and demand adherence to specific standards. Breaching these rules could mandate reversion to the prior state at the owner's expense;
• Majority regulations: overseeing general matters and seldom imposing severe limitations on personal property, except for maintaining the appearance.

Notification Obligation

According to civil law, the owner cannot execute tasks harming communal areas of the building or jeopardizing its safety and appearance. It is mandatory to inform the building administrator in advance, who will notify the residents' assembly.

This notification isn't a request for authorization but aims to avert potential disputes.

Constraints on materials and design

Permissible hues and materials for exterior components are often stipulated. Even installing wooden floors or synthetic grass might be prohibited if they mar the appearance or impede water drainage.

Expense of balcony refurbishment

The expenses vary based on the work stages. It's not solely about procuring tiles but also creating a multi-layered structure resilient to temperature fluctuations.

Primary cost components (per m²):

• Preparation and safeguarding of the worksite: 10-20 euros;
• Dismantling and waste disposal: 20-45 euros;
• Waterproofing: 25-55 euros;
• Establishing a new base with an incline: 20-35 euros;
• Installation and grouting: 35-60 euros.

Additional materials incurring charges:

• Ceramic tiles: 15–40 euros;
• Natural stone: 50–90 euros;
• Composite wood (WPC): 40–80 euros.

Which sections of the balcony are deemed communal property?

The legal status hinges on the balcony's type:

Projecting balcony:

• Personal ownership: slab, covering, threshold, and inner railing segment;
• Communal property: aesthetic features — exterior panels, English: cladding, embellishments.

Built-in balcony:

• the slab is shared among the neighbors above and below;
• load-bearing elements might be designated communal property.

Facade components

Decorative components (e.g., front panels) often spark disputes. If their restoration relates to enhancing the facade, the expenses are distributed among all residents. If a specific balcony's covering's poor condition causes the damage, the owner bears the costs.

Is the balcony covering communal?

No. The flooring covering is regarded as personal property. This implies the owner shoulders the responsibility for its upkeep and repairs.

Liability for harm

The owner is liable for:

• leaks affecting the neighbors below - must fund the repairs;
• damage to the framework and possible harm to third parties.

When does the condo cover expenses?

The sole significant circumstance is if dismantling the covering is necessitated for repairing communal structures (e.g., the facade or load-bearing elements). In such cases, the condo can cater to the costs, provided the damage isn't due to the owner's negligence.