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Roof Access in Poland - what is the law?



leak1980    
14 Jul 2017  #1

Hi, I am hoping someone can help me. I have bought a flat in the attic space of an old building in Wroclaw. I have been having problems with leaks due to residents accessing the roof whenever they like, usually to adjust their tv aerials.

My question is, what is the law in Poland can anyone access the roof? What about health and safety or the damage they can cause which is having an affect on my property?

I appreciate any feedback you may have.


Bobko 5 | 100    
14 Jul 2017  #2

It depends on your building by-laws, or in the absence of a "homeowner's association"-type entity it would depend on local-level ordinances. However, I imagine this issue could be solved without being litigious.

It's also not clear from your post how the damage is occurring. Is the roof door being left unsecured, and then rain is blown in, or are people trampling on old shingles allowing cracks to form?
peter_olsztyn 6 | 1,105    
14 Jul 2017  #3

can anyone access the roof?

If building is yours, no probem you can put a padlock. If it is spoldzielnia, padlock and keys in spoldzielnia.
No one will cut the padlock. No one will mess with spoldzielnia. If wspolnota padlock and keys in wspolnota.

If else you may have a problem.
OP leak1980    
16 Jul 2017  #4

Thank you for your replies. To clarify you can access the roof via the common attic but no one uses the attic only to store rubbish like old fridges and building materials! The roof hatch has no lock and the damge is caused by residents walking around on the roof to adjust thier tv aerials and the cables are installed incorrectly over the peak of the tiles. so when the cables move the roof tiles also get moved. We have a building administration and we have been complaining to them for over 3 years because we have leaks in our living room and sometimes the water has leaked from the the light. So not a good combination water and electricity!

The building administration I am pretty sure it is spoldzielnia, did put a lock on the attic and the residents were knocking on my door for a key. I told them the administration had the only key. When we went out someone broke the lock off the door.
mafketis 16 | 4,867    
16 Jul 2017  #5

Why does the building allow rooftop antennas? Honestly, that sounds like the 1970s.... The only really effective way of dealing with this is getting rid of the motivation for tromping around on the roof (which also sounds very dangerous, does the spółdzielnia really want to be legally liable if some idiot neighbor of yours falls?
OP leak1980    
17 Jul 2017  #6

Hi all I have just been informed that I was wrong, unfortunately, our building has a company for building administration but it is a wspolnota! I now understand how bad this is.

But is there no law regarding health and safety? If someone hurt themselves on the roof, who would be liable?
In the past the water was leaking from our light. If the water caused an electrical problem which resulted in a fire. Who would be liable?
Bobko 5 | 100    
17 Jul 2017  #7

it is a wspolnota! I now understand how bad this is.

pl.wikipedia.org/wiki/Wsp%C3%B3lnota_mieszkaniowa

Read the wiki article on Wspolnota. Seems the legal entity that is the homeowner's association can in fact be sued. As I understand it, if someone falls off the roof his family would be suing all of the owners at once - haha!
OP leak1980    
19 Jul 2017  #8

@Bobko
I will ask someone else to read as when you change the language it talks about America. But if this is correct you sir are a diamond that is just the info I wanted. Can you find any info from Polish law? kodeks and article?

Thank you for all your help
OP leak1980    
19 Jul 2017  #9

I understand I may be a pain in the proverbial! Please can you identify exactly the law and/or the text from wiki ( which I don't trust fully) where all owners would be liable should someone have an accident on the roof. I will be taking this and highlighting any areas to the building administration to fight my case.

Many Thanks

Also we were recently told that a quote was entered to repair the roof for more than 2000zl. Apparently our community decided that anything over 2000 must be voted upon. I don't understand this, we are not asking for cosmetic changes but repair to protect the structure of the building! on Wiki I see about changes not outside the usual maintenance?

Really thank you to everyone who has participated in this discussion and if you are in Wroclaw I owe you a drink my email is beenglishschool@gmail.com



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