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Who Is Responsible for a Fault in the Building — Tenants, Building or Utilities

Brzix team · published 2026-08-30

A pipe bursts in the hallway, the lift stops working, damp appears on a shared wall — and the immediate question is: whose problem is this and who pays? The answer depends on exactly where the fault is and what the building rules or the law say. This guide clarifies the boundaries of responsibility.

The Foundation: What Are Common Parts and What Are Private Parts of the Building

The Law on Housing and Building Maintenance (Serbia) clearly distinguishes:

Common parts are co-owned by all residents in proportion to their apartment's floor area. The costs of their maintenance are funded through monthly contributions to the building fund.

Who Is Responsible for What

Practical rule: If the installation or element is within your apartment's walls and does not pass through other apartments — it's your responsibility. If it passes through common areas or multiple apartments — it's the residents' association's responsibility.

What if the Residents' Association Does Not Respond?

If you report a fault on shared installations and the residents' association or building manager does not respond within a reasonable time:

  1. Contact the building manager in writing — by email or registered post, describing the fault and setting a deadline for intervention
  2. If the fault is urgent (water leaking, unsafe electricity), you can engage a tradesperson yourself and seek reimbursement from the residents' association — keep all invoices and photographs
  3. If the residents' association refuses liability, contact the municipal authority or the public utility responsible for the building (in Belgrade — Gradsko stambeno, for buildings under their management)
  4. The last resort is a civil court claim for reimbursement of costs

Special Case: Fault That Damages Your Apartment

If the fault originated in shared installations and caused damage in your apartment (e.g. a burst riser pipe flooded your parquet), you have the right to compensation from the residents' association as co-owners of the common parts. Photograph immediately, keep receipts for the repair and submit a written claim for compensation.

Warning: If you carried out work on shared installations yourself without a decision from the residents' association, you may be liable for resulting damage even if your intervention was not the direct cause of the fault. Always obtain formal approval from the residents' association before working on a shared system.

Emergency Faults — Who Do I Call Right Away?

Is the fault inside your apartment and falls on you? On Brzix, quickly find a tradesperson — plumber, electrician or other specialist — for an emergency call-out.

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