תוכן עניינים
By: Adv. Michael Lev
When Is Drainage Piping in a Shared Building Considered Common Property?
One of the most complex questions in shared building law is the classification of drainage piping: is a pipe that runs through or serves a single apartment private property, or does it constitute common property for which the building management or house committee is responsible? In case T.A.D.M. 18818-04-21 (Tel Aviv-Jaffa), the court ruled on this critical question — with a claim totalling 66,222 NIS.
The Legal Framework: The Land Law and Building Regulations
Under Israeli law, common property in a shared building includes all parts of the building that serve more than one apartment, or whose use is necessary for the existence and maintenance of the building. Drainage pipes that serve the entire building — including those running through private apartments — are generally classified as common property.
The Key Test: Whom Does the Pipe Serve?
The central question in these disputes is: whom does the pipe serve? If a pipe services only one apartment (e.g., a drain connected solely to that apartment’s bathroom), it will generally be classified as private. But if the pipe carries drainage from multiple apartments, even if it passes through one unit, it will be treated as common property.
Practical Implications
This classification determines who bears responsibility for repair costs. When a common drainage pipe causes damage to an apartment, the building management or house committee is responsible — not the individual apartment owner through whose unit the pipe runs. At Lev-Taieb, we represent apartment owners in these complex disputes.
Drainage damage in your building? Contact Lev-Taieb: 072-2428822.
The above content does not constitute legal advice. For legal guidance tailored to your situation, contact our office.
