Water overflow

datakaizen

Hi all,

I live in a block of flats (leaseholder - building completed six years ago). I have issues with water overflow from the flat above onto my balcony. It happens very often especially whenever there is heavy rain (for example, just the last 10 days it happened twice).

I have reported the situation numerous times to the building managing agents who say that this is normal building design. However, none of the other 60-odd flats have ever experienced such an issue.

I believe that the drains main pipe is blocked and any amount of water goes now directly through the overflowing pipe. Neither the managing agent nor the leaseholder of the flat above care to investigate and fix. Who is legally responsible and what action should I take?

ThisIsWeird

I guess it comes down to what the cause is - a blocked drain or a design 'flaw'. From what you say, it sounds like the former. If so, who is responsible?
I would suggest that it comes down to where this blockage is occuring, and the cause.
The Leaseholder of that flat - or their tenant if rented - is usually responsible for general levels of cleaning and maintenance that would include such things as unblocking drains, clearing out gutters, clearing gulleys, that sort of stuff, things that could lead to damage to the building if allowed to continue (eg, an overflowing gutter soaking the walls). So, if this is a blocked surface drain, then I suspect it'll be the leaseholder/tenant. At some point, tho', drains become shared and communal, and that then becomes the responsibility of the building Freeholder.
Does your flat have a similar balcony? Can you figure out the most likely location, and cause, of the blockage?