In the Republic of Croatia, 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.
Types of maintenance of the common parts of the building:
- The types of maintenance of the common parts of the building are regular and extraordinary maintenance.
- Extraordinary maintenance includes emergency repairs, essential repairs, and capital (investment) maintenance.
REGULAR MAINTENANCE
Regular maintenance includes activities carried out periodically in order to meet the obligations prescribed by applicable regulations and to maintain the common parts of the building in functional condition, in accordance with the contractor’s statement on completed works and the building maintenance requirements, technical instructions and specifications, standards, or according to apparent or commonly reasonable needs.
Regular maintenance includes:
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Service inspections and safety or functionality tests of the electrical installation, water supply installation (including water pressure boosting devices), sewage system (including pumping devices), gas installation, central heating installation, ventilation and air conditioning systems, elevator, antenna, telephone and other cable installations, doorbell and intercom systems, fire protection systems and equipment, lightning protection installation, audio-video surveillance and anti-burglary systems, façades, roof structure, sheet metal works, chimney, carpentry and metalwork of the common parts of the building, parking and garage ramps, lighting and other common areas, as well as mailboxes.
It also includes replacement or repair of individual worn-out or defective parts of the building’s common elements, painting of common areas, adjustment, cleaning, lubrication, servicing of built-in equipment and devices, checking of fluids, and other activities specified in the building’s project documentation and technical documentation of the installed systems and devices.
Regular maintenance also includes remedying defects on common parts of the building or their sections, in the manner and scope necessary to ensure that the actual condition of the building matches the designed condition of its common parts. -
Cleaning of staircases and other common areas of the building, removal of graffiti from façades, cleaning and maintenance of the building plot, removal of snow and ice from common passageways, as well as deratization and disinsection.
COMMON PARTS
Common parts and installations of a building (hereinafter: common parts of the building), unless otherwise regulated by a co-ownership agreement (međuvlasnički ugovor), shall be deemed to include:
- the load-bearing structure of the building
- the roof
- accessible and inaccessible common terraces
- the façades of the building, including windows and doors
- doors of rooms that are common parts of the building
- the building envelope
- elements providing protection from external influences on the common parts of the building
- roof and other sheet-metal works on the common parts of the building
- chimneys, flue ducts and ventilation ducts, hydrants, fire-protection systems and installations, including fire extinguishers located in the common parts of the building
- common staircases and corridors, together with associated equipment
- rooms serving the use of all separate parts of the building
- spaces through which pass, or in which are located, installations that are common parts and devices of the building, as well as spaces between the foundations, between the top floor structure and the roof, and other spaces not designed for human habitation or storage of goods
- fire access routes, ladders and stairways
- elevators located in the common parts of the building, together with installations and devices that enable their regular use
- gas and electricity supply installations up to the meter of an individual part of the building
- sewerage installations, main vertical and horizontal lines and foundation installations, including inspection shafts, as well as main vertical and horizontal drainage lines up to the point of separation of the installation for an individual part of the building
- water supply installations from the main water meter or main valve of the building up to the point of separation of the installation for an individual part of the building, or up to the water meter within that part
- sanitary fixtures and plumbing/sewerage installations located in the common parts of the building
- electrical installations for stairway lighting and other devices in the common parts of the building, the main distribution panel with timer switch, and electrical installations for separate parts of the building up to the individual meter
- emergency and backup lighting
- common central heating and hot-water installations up to the radiator valve or the valve of a heating device in a separate part of the building
- radiators and other heating elements located in the common parts of the building
- common television or radio antenna installations, including cable and satellite systems with amplifiers and all other common devices that enable regular signal reception up to the point of separation to an individual part of the building
- installations and devices for doorbells, electric locks and intercom systems from the building entrance up to the separate part of the building, or up to the point of separation for an individual unit
- common systems for heating, cooling, ventilation, air conditioning, and domestic hot-water preparation (e.g. boiler room, heat pump, thermal substation), as well as common automation and building management systems
- common systems of solar collectors, photovoltaic modules and heat exchangers
- common water-booster systems and wells, wastewater pumping stations and water pumping stations, electric generators, battery systems and other devices for lighting or elevator operation
- lightning-protection installations
- waste chutes and devices for waste transport
- intercoms, video-surveillance systems and burglar-alarm systems for the common parts of the building
- septic tanks, collection pits and other individual wastewater-treatment devices; fences of the building plot; walkways, retaining walls, garbage rooms and other structures on the building plot serving the use of the building (except for the separate parts of the building), as well as developed and undeveloped areas of the plot belonging to the building
- other common devices, structures or parts of the building.
WHAT IS “MANDATORY MAINTENANCE”?
A necessary repair is an activity aimed at permanently eliminating the cause of danger to human life and health or to property within or outside the building, or an activity that permanently removes the threat to the basic living conditions in the building. Its purpose is to preserve the building’s functionality and safety, prevent damage and accidents, and ensure compliance with 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
Investment Maintenance – requires the consent of the majority of co-owners:
- replacement of the roof
- energy renovation of the façade
- installation of a new lift (if one did not previously exist)
- major construction works and extensions
- improvements to the building (installation of devices or elements the building did not previously have)
Investment maintenance includes all works and interventions on the building aimed at improvement, reconstruction, modernization, or replacement of worn-out elements, with the purpose of preserving or increasing the long-term value of the property.
Unlike routine (regular) maintenance, which refers to day-to-day and minor repairs, investment maintenance involves larger, planned works that require prior approval from the co-owners and typically involve higher financial costs.
Investment maintenance requires a co-owners’ decision in accordance with the Building Management and Maintenance Act.
The required majority depends on the value and nature of the work (usually a simple or qualified majority).
Sources of financing
- Reserve fund
- Additional contributions from co-owners (if the reserve fund is insufficient)
- Possibilities of co-financing (e.g., energy renovation programmes, EU funds)
Purpose of investment maintenance
- Extending the lifespan of the building
- Increasing safety, energy efficiency, and functionality
- Increasing the market value of individual units and the property as a whole
- Reducing future costs of routine maintenance
NON-MANDATORY WORKS
Non-mandatory works include all works, services, or interventions on the building that are not required by law, are not essential for the safety of people and property, and are not necessary for the basic functioning of the building. These works are typically carried out to improve comfort, aesthetics, or convenience, and their implementation depends solely on the decision of the co-owners.
From the common reserve fund, the following goods and services may also be financed:
- Cleaning of staircases, garden and landscaping works, installation of new decorative lighting fixtures, installation of non-essential systems (e.g., premium CCTV, smart sensors, additional cameras), procurement and installation of hydrant and fire-protection equipment covers, cleaning supplies for staircases, garden and landscape maintenance materials, installation of a drain point for cleaning purposes, garden watering, building subdivision and documentation (etažiranje), replacement of worn-out waste bins or containers, salt, shovels and other snow-clearing equipment, installation of benches, waste bins, signage, decorative elements, additional pictograms, and other similar works.
IMPORTANT:
- Co-owners cannot vote against carrying out works that are legally mandatory.
- The cost of maintenance is covered from the reserve fund.
Legal basis:
- Property and Other Real Rights Act (Articles 375–386)
- All co-owners are obliged to bear maintenance costs in proportion to their ownership share.
What happens if mandatory maintenance is not carried out?
- A municipal inspector or construction inspector may order urgent repairs at the expense of the co-owners
- In case of damage to third parties (e.g., façade falling and injuring a passer-by) → all co-owners are jointly and severally liable
