Who is responsible for repairing the surface of my balcony?
Balcony repairs can cause disputes because a balcony can feel like part of the leasehold flat, but it is also part of the buildings external structure. When something fails (water damage, cracked concrete, damaged floor surface), responsibility for attending to the repair will depend on what the lease says.
Start with the lease
Most leases will distinguish responsibility between:
- The landlord/freeholder – usually the structure and exterior of the building (and common parts), often paid for via the service charge.
- The flat owner – usually the internal parts of the flat and balcony surface finishes.
Look for definitions such as “structure and exterior”, “retained parts” or “maintained property.” That wording is key.
Balcony parts: structure and finishes
A balcony has different layers, and the answer often changes depending on what the repairing issue is:
- Concrete slab/structural platform. This is often treated as part of the building’s structure, so commonly the landlord’s responsibility.
- Waterproofing layer. This can be the grey area. If it is part of the building’s external waterproofing (protecting the building), it may be the landlord’s responsibility. If it is more connected to the balcony finish (for example without tiles or decking installed on top), it may fall on the flat owner depending on the lease wording.
- Tiles, decking, coverings (surface finishes). Leases will usually treat such coverings in a similar way to flooring inside the flat. Maintenance of these items will usually fall to the flat owner.
The balcony is excluded from the demise
A lease can give the flat owner simply a right to use the balcony as part of their demise, with the landlord responsible for structural and external parts. Some leases will have hybrid wording where the balcony is excluded from the demise but where an obligation is placed on the flat owner to maintain the surface area.
Remember too, that a flat owner may be liable for damage caused from breaking terms of the lease. For example allowing plant roots or plant pots to damage the water proofing surface.
Why a surveyor can matter
Even where the lease seems clear, a surveyor can confirm what has failed (slab, waterproofing, or surface finish). That factual point often decides which lease clause applies.
