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The conundrum of water damage in co-ownership

A break in a drain pipe that causes flooding of an entire apartment, another leak in the toilet in the apartment below: these types of events are common in homeowners’ associations.

In France, more than half of buildings were built before 1974 and a large number of them lack sufficient maintenance, increasing the risk of water damage. The leak can come from private areas, that is, from an apartment, and flood one or more neighbors, or even damage common areas (hallways, halls, etc.).

On the contrary, it happens that its origin is in a common area and that the damage extends throughout the apartments. In this case, various insurance policies come into play since the Law on Access to Housing and Renewed Urban Planning (ALUR) of 2014, both the co-owner occupant and the non-occupant owner (for example, the one who rents his apartment), but also the owner. Tenant must have home insurance.

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The building is also insured, for all common areas. To clarify compensation coverage, insurance companies have entered into various agreements related to claims, depending on their severity. In case of damage of less than 5,000 euros, the compensation and recourse agreement for property losses (IRSI) applies, even when it comes to furnished or seasonal premises. From 1Ahem In July 2020, coverage was expanded to small fires, also common in co-ownership.

Damage to ornaments

The IRSI agreement provides that the management of the file is the responsibility of the insurer of the damaged premises. “In the case of a furnished rental, it will be the non-occupant owner’s insurance that will play this role”specifies Olivier Moustacakis, co-founder of the insurance comparator Assurland. The managing insurer is responsible for evaluating the magnitude of the damage, carrying out leak detection if necessary and designating the insurers responsible for covering the damage.

If the cost of the damage is less than 1,600 euros, as occurs in the majority of accidents, compensation corresponds to the managing insurer, which will not have the possibility of taking action against other insurers, unless more than two losses have occurred. damage or fire in the previous twenty-four months. Beyond 1,600 euros, the managing insurance company appoints an expert. It takes charge of the damages and then turns to other insurers to recover the cost corresponding to each one, according to a scale of distribution between insurance companies.

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Anthony Robbins
Anthony Robbins
Anthony Robbins is a tech-savvy blogger and digital influencer known for breaking down complex technology trends and innovations into accessible insights.
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