Leak from the upstairs neighbour: what to do and who pays

Quick answer. Tell the upstairs neighbour to turn off their stopcock, protect anything that could get wet and take dated photos. Who pays depends on where the source is: if the leak comes from their home's installation, that owner is responsible (usually through the third-party liability cover on their insurance); if it comes from a communal downpipe or riser, the association is responsible.

It usually starts the same way: a yellowish shadow on the bathroom ceiling that wasn't there yesterday, a drop falling on the basin or paint that bubbles. What you do in the first hour decides whether it stays a stain or ends with a plaster ceiling on the floor and a month of paperwork with the insurer. This guide puts it in order for you.

• The first 15 minutes
• How to tell where the water is coming from
• Who pays in each case
• How to report it to the insurer without wasting time
• If the neighbour doesn't answer or won't cooperate
• Mistakes that make the repair more expensive

The first 15 minutes

1. Go upstairs and knock on the door. Ask them to turn off their main stopcock. If no one is in, tell the president or the property manager: sometimes there are shut-off valves for each home on the landing or next to the meters.
2. Switch off the electricity in that area if the water is falling near a light, a socket or a false ceiling with spotlights. Don't touch anything electrical that is wet.
3. Put a bucket down and move anything valuable: furniture, rugs, electronic devices, papers.
4. Take photos and a short video of the ceiling, the drip and the damage. A video of the drip in action is gold for the loss adjuster.
5. If the ceiling is bulging, don't pierce it yourself or stand underneath it: plaster soaked with water is heavy and can fall.

How to tell where the water is coming from

When and how it drips tells you a lot. This table does not replace a diagnosis, but it helps you explain the problem and avoid blaming the wrong person:

What you notice	Likely source	What to do
It only drips when the neighbour showers or uses the bath	Drain, trap or sealing of their shower or bath	Ask them not to use it until it has been checked
The stain grows even when no one is using water	Supply pipe, which is always under pressure	Turn off their stopcock and call now
Damp next to the wall of the light well or downpipe shaft	The building's communal downpipe or riser	Tell the property manager
It only appears when it rains	Water getting in through a terrace or roof, not a pipe	Tell the association or the owner of the terrace

If the source is not clear, leak detection avoids opening up ceilings and walls blindly. It also helps the insurers reach agreement sooner.

Who pays in each case

The leak is in the flat above

A pipe in their bathroom, a washing machine or a toilet. The owner of that home is responsible. Usually their home insurance covers third-party damage under the liability cover, and your insurance repairs your home and then claims from the other company.

The leak is in a communal element

The building's main downpipe, riser or water column. The association is responsible, as it must maintain those elements, and its building insurance normally steps in.

The cases that cause disputes

The section connecting each home to the downpipe, terraces for private use or very old installations. Here the association's rules, the policies and the specific case decide. If there is a dispute, consult the property manager or a lawyer.

Plumber's tip: don't repaint the stain until the leak has been repaired and the ceiling is dry. If you paint too early, the damp comes back through and you also lose the evidence of what happened.

How to report it to the insurer without wasting time

1. Call your insurer the same day and note down the claim number.
2. Ask the neighbour for their insurer's details and policy number.
3. Keep the photos, the video and any emergency invoices.
4. Ask the plumber for a short report on the source of the leak: it is the first thing the loss adjuster will ask for.

If the neighbour doesn't answer or won't cooperate

Tell the president or the property manager and put it in writing. Spain's Horizontal Property Act requires owners to allow the repairs the building needs to be carried out in their home. In the meantime, keep documenting how the damage develops.

Mistakes that make the repair more expensive

• Waiting to see if it stops on its own. A pressurised pipe won't stop; it just soaks more of the ceiling.
• Breaking open walls without knowing where the leak is. It multiplies the work and the cost.
• Not taking photos before clearing up. Without evidence, the loss adjuster only sees the final state.
• Painting straight away. The stain comes back and the mould stays inside.

Frequently asked questions

Do I have to wait for the loss adjuster before repairing?

The leak must be stopped as soon as possible so the damage doesn't get worse. What is worth waiting for is the repair of the finishes: check with your insurer first and keep photos of the initial condition.

What if the upstairs neighbour is a tenant?

Tell both the tenant and the owner. Who is responsible and which insurance steps in depends on the source of the leak and each party's policies.

How long does a wet ceiling take to dry?

It depends on the material, how much water it has absorbed and the ventilation. The important thing is not to close it up or paint until it is dry inside, not just on the surface.

This guide is for guidance only and does not constitute legal or insurance advice. In the event of a dispute, consult your property manager, your insurer or a lawyer. Related: how to tell if you have a hidden leak · blocked downpipe in a residential building.