Co-ownership: what insurance for the common areas?

Verified 20 August 2020 - Directorate for Legal and Administrative Information (Prime Minister)

The common areas of a condominium are covered by two types of insurance. The insurance of the condominium covers claims emanating from the common areas. The home insurance of each of the co-owners covers damage from a personal dwelling. The co-ownership regulation makes such insurance mandatory. In the event of a disaster affecting condominiums, specific rules apply. They are provided for in the Convention IRSI: titleContent.

The condominium must be covered by collective insurance, at least as regards the civil liability.

The group insurance of the condominium is used to compensate the victims for the damage that originates in the common areas of the building. Examples of such disasters are:

  • the building or elements of the building (falling of a building, falling of a tile, sliding staircase...)
  • or a person assigned to the service of the building (for example, a caretaker).

FYI  

the syndicate of co-owners is required to take out civil liability insurance on behalf of the co-ownership. He may, if necessary, enter into the contract without a mandate from the general meeting of the co-owners, but the general meeting may annul or amend its decision.

Each co-owner, whether or not he occupies his dwelling, must insure it at least in civil liability.

This insurance is used to cover the co-owner who has taken out the insurance, when a loss arises in his dwelling and has caused damage:

  • to neighbors or third parties (e.g. water damage),
  • the occupants of his dwelling,
  • the common areas of the building.

You have to check your contract or ask your insurance company whether certain risks are not covered.

In case of damage caused by an event which originated in a part private of the immovable, it is the co-owner of the dwelling concerned who must make a declaration to his insurance. Insurance will not work if the claim originated in a common part.

In the case of damage caused by an event which originated in the Parties municipalities of the immovable, it is the trustee who must make a declaration to the insurance of the condominium. Co-ownership insurance will only work if the claim is in a common part.

What's this about?

The Convention IRSI: titleContent is an agreement between insurance companies to facilitate the handling and compensation of fire and water damage claims for condominiums. The agreement lays down clear rules for the designation of the insurer managing the claim and the insurer who must pay the claims.

Warning  

hotel rooms and bed and breakfasts are excluded from the convention.

Affected claims

The Convention shall apply to water damage and fire damage for which the amount of compensation does not exceed €5,000.

Appointment of a managing insurer

The agreement provides that in the event of a disaster in a private premises, the occupant's insurer will be responsible for the management of the compensation file.

Designation of the insurer to compensate

For damage with a value less than €1,600 excluding taxes, it is the managing insurer that compensates, without recourse against another insurer.

For damage between €1,600 and €5,000 excluding taxes, the managing insurer must carry out an assessment on behalf of the other insurers. It must compensate the victims, but with the possibility of recourse against the other insurers.

Facilitated leak search

The agreement designates the insurer who must organize the search for leakage and cover the costs occasioned by the procedure, without deductible or ceiling.

Leak search in a private room

Busy Local

It is the insurer of the occupant of the premises who must organize the search for leakage.

But the search for leakage must be organized by the insurer of the owner of the premises in the following 3 cases:

  • The research could destroy the premises
  • The occupant is not insured
  • The tenant occupant has given a notice that expires on the day of the accident

If the owner of the premises is not insured, the insurer of the building must organize the search for leakage.

Local not busy

It is the insurer of the owner of the premises who must organize the search for leakage.

But the search for leakage must be organized by the building insurer if the owner of the premises is not insured.

Leak search in common areas of the building

It's the building's insurer who has to arrange the search for a leak. However, if the source of the leak is located in a private premises, the insurer of the owner of this premises must bear the cost of the search.