In the Republic of Croatia, mandatory repairs in building management are regulated by the Law on Ownership and Other Real Rights and the Ordinance on Building Maintenance. Property managers and co-owners are obliged to ensure necessary (regular) and extraordinary (capital) maintenance of the building, and certain repairs are legally mandatory regardless of the will of the co-owners, as they are essential for the safety and usability of the building
Maintenance, repairs and renewal of the common parts are financed from the reserve fund (unless otherwise agreed in the co-ownership agreement). Furthermore, all interventions (e.g. malfunction of the common water supply line, elevator breakdown, repair of the lightning protection system) fall under the responsibility of the building manager on behalf of the co-owners.
COMMON PARTS
Structural parts: structure (foundations, load-bearing walls, columns, floor slabs, roof), roof covering, terraces (accessible and non-accessible), façades with windows and doors, sheet metal works, protective elements (shutters, blinds, louvers).
Safety and fire protection: chimneys, ventilation ducts, hydrants, fire protection systems and appliances, fire access routes, ladders, staircases.
Installations and equipment: gas and electricity up to the meters, water supply up to the branching point (or to the meter), sewerage – main vertical and horizontal pipelines, staircase lighting, emergency and panic lighting, central heating and hot water up to the apartment valve, telephone, antenna, cable and satellite installations up to the branching point, doorbells, intercoms, electric locks, lightning protection systems, electric generators, batteries.
Special premises and plants: staircases with railings, elevators with installations, common boiler rooms, heating substations, water booster systems, pumps, wells, sewage pumping stations, garbage chutes, septic tanks.
WHAT IS “MANDATORY MAINTENANCE”?
These are works and measures that must be carried out regularly in order to:
- preserve the functionality and safety of the building,
- prevent damage and accidents,
- meet sanitary, safety, and technical requirements.
MAIN CATEGORIES OF MANDATORY MAINTENANCE:
|
Examples | |
|---|---|---|
| Construction | Roof, façade, foundation, staircase, chimney repairs | |
| Electrical Installations | Maintenance of staircase lighting, grounding, lightning protection | |
| Water Supply and Sewerage | Inspection and repair of common pipes, manholes | |
| Gas Installations | Regular servicing of gas installations (legally required!) | |
| Elevators and Machine Rooms | Servicing, certifications, functionality, and safety checks | |
| Fire Protection | Smoke detectors, fire extinguishers, hydrants, evacuation plans | |
| Common Areas | Pest control measures (deratization, disinsection, disinfection), cleaning, painting, locks, replacement of doors/intercoms |
EXTRAORDINARY MAINTENANCE (capital repairs) – require the consent of the majority of co-owners:
- roof replacement,
- energy renovation of the façade,
- installation of a new elevator (if one did not previously exist),
- major construction works and extensions,
- building improvements (installation of devices and elements the building did not previously have).
NON-MANDATORY WORKS
- Stairwell cleaning
- Garden and landscape maintenance
- Other works
- From the common reserve fund, it is also possible to cover other goods and services such as (procurement and installation of hydrant and fire protection equipment, cleaning supplies for stairwells, supplies for garden and landscape maintenance, installation of a water outlet for stairwell cleaning, garden watering, condominium subdivision, replacement of worn-out garbage bins or containers, salt, shovels, and other snow removal equipment).
Legal Basis:
- Law on Ownership and Other Real Rights (Articles 375–386)
- All co-owners are obliged to bear the cost of maintenance in proportion to their ownership share.
What happens if maintenance is neglected?
- The municipal warden or construction inspection may order urgent repairs at the expense of the co-owners.
- In case of damage to third parties (e.g. façade falling on a passerby) → all co-owners are jointly liable.
IMPORTANT:
- Co-owners cannot vote against carrying out what is legally mandatory.
- Maintenance costs are covered from the reserve fund.
