live in a flat - do you have buildings insurance separately?

suered

Dear All

I am still trying to get my head round this - please be patient

My main question is do those of you who live in a flat have your own personal buildings insurance as well as contents insurance?

Background example: flat two floors above me has problem with plumbing = water making its merry way through flat below it and down to me.

Now, assume that I am owner of the flat with the plumbing problem and I only have contents insurance - can flats below me claim via my contents insurance or do I have to pay out of my personal pocket?

There is buildings insurance in place through the service charge, but this specifically excludes damage caused by e.g. pipes IN individual flats, but does cover e.g. damage caused by the roof leaking as that's a communal part.

If my contents insurance doesn't protect me, is there any type of insurance that does other than buildings insurance and if so, what's it called please.

(Sorry, no internet at home so won't be able to answer questions till tomorrow)

Thanks in advance

DampProof

A number of answers depending on your response.

No I do not have buildings insurance as anything to do with the building should be covered by the service charge.

Firstly.... if the water leak 2 floors above is due to corroding pipe work in the cement flooring... you should be covered by the buildings insurance through the service charge. It was in my case....

Secondly, if its not, then the person who owns the leaking flat would be liable through his/her insurance to cover the cost of any damage to your flat.

Hope this helps

suered

DampProof

The situation is that if the damage was pipework in the floor, then yes, as you say, our overall buildings insurance that we contribute to through the service charge would be claimed against.

What I'm trying to find out is exactly WHAT insurance should the owner of the (potentially) leaking flat have to cover him/herself against claims like this that might originate from e.g. bath waste pipe seal giving way. Could the people in the flat underneath claim if leaky person only had contents insurance or does leaky person need something else?

Thanks

bernard_brookes

You need to check that your lease covenants include mutual enforceability.
This puts the onus on the owner of the flat causing the problems to fix any subsequent damage.

I had a problem with a flat above & a leaking washing machine, but because there was no mutual enforceability it was impossible to get the owner to fix any damage.

If the lease covenants don't include mutual enforceability then you can get all the owners to agree to a deed of variation and include it.
More information here

Also get the freeholder to include all risks into the building insurance, including pipework.

suered

Thanks Bernard - very interesting reading and will take to the directors for scrutiny.

Still trying to find out if you can insure yourself against this though - I know for a fact that they will not allow claims against the buildings insurance as a whole where the damage has been caused by (real life example) ball-!!!! thingy in toilet cistern malfunctioning and cistern overflowing to flats below.