Responsibility for Maintenance in a Limited Liability Housing Company

Responsibility for maintenance is one of the issues that causes the most disputes in housing companies. Who pays when the bathroom floor drain gets clogged? What about when window seals break down? The answers aren’t always clear, and on October 1, 2026, the rules of the game changed significantly. If you’re buying an apartment or considering it, it’s worth understanding how responsibility is now divided and what changed.

Basic principle: the interior belongs to the shareholder; the exterior belongs to the company

Under the Housing Companies Act, responsibility for maintenance is divided between the housing company and the unit owner. The general rule is simple: the unit owner is responsible for the interior of their unit, while the company is responsible for the building’s structure and common areas.

In practice, the shareholder is responsible for the interior surfaces of the apartment, such as floors, walls, and ceilings, as well as the appliances and furnishings in the apartment. Maintenance must be carried out with due care. Normal wear and tear is not the shareholder’s responsibility, but neglect is. On the other hand, while it is easy to write that “normal wear and tear is not the shareholder’s responsibility,” in practice this is merely a starting point for negotiation, not a definitive answer.

Important detail: A shareholder cannot perform maintenance work entirely at their own discretion. If the work may affect structures or premises for which the company or another shareholder is responsible, the board of directors or the property manager must be notified in writing in advance. The threshold for this notification requirement is an impact that is more than minor.

The articles of association can change everything

A housing company’s articles of association may differ from the division of responsibilities prescribed by law. In some housing companies, for example, a shareholder is responsible for their own windows, while in others, the company takes on more responsibility than required by law.

This is one of the things a homebuyer should check before closing the deal. The articles of association are a public document. You can find them in the attachments to the property manager’s certificate. Be sure to read them.

Renovations are different from maintenance

Maintenance and renovation are often confused in everyday language, but in legal terms they are different things. Maintenance refers to keeping something that already exists in working order. Renovation refers to an improvement or change to the original state.

Practical implications: If a shareholder makes renovations to their apartment, they are responsible for maintaining them going forward. The company is not obligated to maintain improvements made by the shareholder themselves.

What if you buy an apartment with renovations done by the previous owner?

This is one of the most important practical questions for a buyer, and the answer isn’t always what you’d expect. According to guidance published by the Finnish Real Estate Federation in July 2026, responsibility for maintenance of renovation work done by a previous shareholder generally transfers to the new owner when the share changes hands, regardless of whether the buyer knew about the renovation or not.

However, there’s an important limitation: the new owner is not responsible for damages caused by the renovation work. Those are usually the responsibility of the original party who did the work, within the applicable limitation periods. So the buyer inherits the maintenance obligation, but not automatically the liability for damages.

There are exceptions, though. If an installation done by a previous shareholder matches in quality and execution what the company itself would have done or approved (for example, a faucet or toilet fixture that meets the company’s standards), responsibility may remain with the housing company despite the modification. The line is drawn on a case-by-case basis, and in unclear situations, building permits, drawings, and zoning plans are used as guidance.

What this means for you as a buyer: before finalizing the purchase, find out whether renovations have been done in the unit and who reported them. Poorly documented renovation work may mean you inherit a maintenance responsibility you didn’t factor into your offer price.

What Will Change on October 1, 2026

Amendments to the Housing Companies Act took effect on October 1, 2026. The amendments affect the division of maintenance responsibilities in two ways: in some cases, the company’s responsibility increases, while in others, the shareholder’s responsibility expands. We cover the other changes that matter to buyers in our article on the Housing Companies Act amendment 2026.

Responsibility for windows was transferred entirely to the housing company. Previously, responsibility for windows was divided between the interior and the exterior. Now the company is fully responsible for the functional and technical aspects of the window and its structure. Following this change, the company’s responsibility includes window glass, frames, sashes, hardware, ventilation louvers, and fixed insect screens that are part of the window structure.

Please note, however, that a shareholder is still obligated to take good care of the windows. If a shareholder or resident neglects this obligation and the window is damaged as a result, the company may demand that the person responsible cover the repair costs.

A shareholder’s liability was extended to certain premises. Previously, a shareholder’s duty of care applied primarily to premises under the shareholder’s control. Now this duty also covers company premises or areas that a shareholder uses without having actual control over them. In practice, this means, for example, shared courtyards and storage lockers.

Responsibility for the maintenance of renovation work is explicitly stipulated in the law. Until now, it has been generally accepted that a shareholder is responsible for maintaining any alterations they have made themselves. The new law clearly stipulates this, thereby eliminating any room for interpretation.

An important exception regarding windows: if the housing company’s articles of association already include a provision stating that a shareholder is responsible for their own windows, the change in the law does not alter this. The provision in the articles of association remains in effect. So always check the articles of association.

What does this mean for the buyer in practice?

The amendment took effect on October 1, 2026, so the windows are now the housing company’s responsibility, unless the articles of association state otherwise.

Always make sure of the following before making a purchase:

• What do the articles of association of a housing company say about maintenance responsibilities?
• Have any renovations been made to the apartment that would transfer the responsibility for their maintenance to you as part of the sale?
• What condition are the windows in, and is their repair included in the housing company’s maintenance needs assessment?
• Is the housing company aware of any upcoming repairs that may involve issues related to the division of responsibility?

The property manager’s certificate, the articles of association, and the most recent long-term maintenance plan / PTS are the documents we start with. They form the foundation upon which all other analysis is built.