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\u2019t always clear, and in the fall of 2026, the rules of the game will change significantly. If you\u2019re buying an apartment or considering it, it\u2019s worth understanding how responsibility is currently divided and what\u2019s coming. <\/p>\n
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\u2019s structure and common areas. <\/p>\n
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\u2019s responsibility, but neglect is. On the other hand, while it is easy to write that \u201cnormal wear and tear is not the shareholder\u2019s responsibility,\u201d in practice this is merely a starting point for negotiation, not a definitive answer. <\/p>\n
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. <\/p>\n
A housing company\u2019s 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. <\/p>\n
This is one of the things a homebuyer should check before closing the deal. The articles of association are a public document<\/a>. You can find them in the attachments to the property manager’s certificate. Be sure to read them. <\/p>\n 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. <\/p>\n 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. <\/p>\n 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\u2019s responsibility increases, while in others, the shareholder\u2019s responsibility expands. <\/p>\n Ownership of the windows will be transferred entirely to the housing company.<\/strong> 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\u2019s responsibility will include window glass, frames, sashes, hardware, ventilation louvers, and fixed insect screens that are part of the window structure. <\/p>\n 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. <\/p>\n A shareholder’s liability extends to certain premises.<\/strong> Currently, a shareholder\u2019s duty of care applies primarily to premises under the shareholder\u2019s 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<\/a> and storage lockers. <\/p>\n Responsibility for the maintenance of renovation work is explicitly stipulated in the law.<\/strong> 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. <\/p>\n An important exception regarding windows:<\/strong> if the housing company\u2019s 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. <\/p>\n 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. <\/p>\nRenovations are different from maintenance<\/h2>\n
What Will Change on October 1, 2026<\/h2>\n
What does this mean for the buyer in practice?<\/h2>\n