Building renovation and tenants: noise, water and rent reduction
Building renovation and tenants - the rule is simple: the board of the housing community can demand access to a unit when work on the common property requires it, and the tenant makes the flat available once a date has been agreed. And what if the work limits the use of the unit? Then the tenant can ask for an appropriate rent reduction. April opens the construction season in housing communities, so owners are just now receiving notices about riser replacement and building insulation. And a moment later the tenant asks: will they pay the full rate for the noisy period?
Building renovation and tenants: who has which duties?
There are three parties here. The housing community runs the work, the owner answers to it for access to the unit, and the tenant is the one who actually provides that access. The basis is Article 13(2) in the consolidated Act on Ownership of Premises: at the board’s request, the owner allows entry to the unit whenever it is necessary for maintenance, renovation or fixing a failure in the common property. The same applies to fitting the building with additional installations. So for the board, the party remains the landlord. That is because the lease binds only the landlord and the tenant, and the housing community is not part of it. Oh, and in a housing cooperative the rules come from separate regulations and by-laws.
When does the tenant have to let the crew into the flat?
In case of a failure, immediately. For planned work - after a date has been agreed in advance. This is what Article 10(1) and (3) says, which you will find in the Tenants’ Rights Protection Act: a fault that causes damage or threatens to cause it means opening the door right away, while an inspection and construction work require an arranged date. So access to the unit at the board’s request is not an unannounced visit. There is also paragraph 4 of the same article, which provides for a replacement unit at the owner’s expense, for no longer than a year, when the repair requires it (with typical work this is rare).
Does the tenant have to make the flat available for renovation? Yes, but they have the right to a say in the date. It is best to confirm the date in writing or in a message, with the hours and the scope of work. In practice, such a record comes in handy when the crew does not show up or a dispute starts over what was actually agreed.
Who tells the tenant about the building renovation?
The owner. The board’s notice goes to the owner, and it is the owner who should pass it on to the tenant, who usually does not receive the housing community’s correspondence at all. The chain of information looks like this:
- The board or the property manager sends the work schedule.
- The owner passes the scope and dates on to the tenant.
- The tenant confirms availability or proposes another date.
- The owner replies to the board.
What does the tenant need? Four things: a description of the work, the expected dates, the days when utilities will be shut off, and a contact for the contractor or the building administration. In Tenanto, such a message can be published as announcements in the tenant panel, so the dates do not get lost in private correspondence.
Riser replacement and thermal modernisation: what will the tenant feel?
These are two different stories. Riser replacement in a rented flat means the crew coming inside and breaks in the water supply. Insulating the building is mostly noise, scaffolding and less light. Typical work and its effects:
- Water and sewage risers - water shut-offs, chiselling in the bathroom or kitchen, dust.
- Facade insulation - scaffolding, covered windows, drilling noise, limited privacy.
- Installations in common areas - short breaks in utilities.
- Work in the stairwell - difficult access to the door.
Thermal modernisation of a building during a lease is a nuisance spread over time, usually without anyone entering the unit. In my opinion, you need to separate an ordinary inconvenience from a real limitation on using the flat right away. Because only the latter matters when you talk about rent. It is a good idea to record the scope and dates of the work, and in Tenanto this is what the building file is for, where the building repair history is built up.
Is the tenant entitled to a rent reduction for building renovation?
Yes. If the work limits the unit’s fitness for the agreed use, the tenant can ask for an appropriate rent reduction for as long as those limitations last. How much exactly? Well, that is the question. The Civil Code only speaks of an “appropriate” reduction, without stating the amount, so the parties set the figure themselves. We describe the basis and the way of calculating it in more detail in the article on how a rent reduction for defects works under Article 664 of the Civil Code.
The same provision allows the lease to be terminated without notice, but it applies to defects that make it impossible to use the unit. Not ordinary noise. A separate, more serious situation is defects that endanger health, which Article 682 deals with. And when the parties assess the scale of the limitations differently, it is better to ask a lawyer than to guess.
How to talk to the tenant about a reduction?
Early. It is best to raise the subject before the work starts and set the rules in writing. There are three things to agree on:
- the period the discount applies, tied to the actual duration of the nuisance,
- the scope of the limitations, meaning no water, a room that cannot be used or noise during remote working hours,
- the method of settlement.
A short annex or a written agreement kept together with the lease is enough. And there is no point in digging your heels in: for the owner, an amicable approach costs less than losing a tenant in the middle of the construction season, when a flat behind scaffolding is hard to rent out again.
Building renovation and the tenant: pass on the board’s information and set the date for access right away. It is best to have each of them confirmed in writing.
Frequently asked questions
No. The tenant is obliged to make the flat available once a date has been agreed, and immediately in case of a failure. The date and hours can be negotiated, not the access itself.
It depends. What counts is whether the nuisance really limits the unit’s fitness for the agreed use. The assessment depends on the circumstances, and the parties agree on the amount. In case of a dispute, a lawyer will help.
Reporting comes first: the damage has to be reported to the owner and the board right away. Photos and a report drawn up with the contractor present will come in handy. Only on that basis is it determined whether the company carrying out the work or the housing community is liable.
