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 in the fall of 2026, the rules of the game will change significantly. If you’re buying an apartment or considering it, it’s worth understanding how responsibility is currently divided and what’s coming.

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 Will Change on October 1, 2026

Amendments to the Housing Companies Act have been approved and will take effect on October 1, 2026. The amendments affect the division of maintenance responsibilities in two ways: in some cases, the association’s responsibility increases, while in others, the shareholder’s responsibility expands.

Ownership of the windows will be transferred entirely to the housing company. Currently, responsibility for windows is divided between interior and exterior work. Going forward, the company will be fully responsible for the functional and technical aspects of the window and its structure. Following this change, the company’s responsibility will include 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 extends to certain premises. Currently, a shareholder’s duty of care applies primarily to premises under the shareholder’s control. In the future, this duty will be expanded to also cover 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?

If you buy an apartment before October 2026, the condition of the windows and any necessary repairs may still be your responsibility for a short while. If you buy after October, responsibility for the windows will fall to the housing association, 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 now, if the sale takes place while the old law is still in effect?
• 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.