Maintenance of concrete balconies: a landlord was held liable for personal injury in February 2024 when a first floor balcony collapsed while five people were standing on the balcony.
The balcony collapse happened about a year after the landlord had acquired the property.
The main question in the lawsuit was whether the landlord had acted negligently by not having examined the balcony well enough during his ownership.
The condition of balconies should be a focus area if you own a property with older balconies or are considering purchasing such a property.
Surveys of balconies
The vast majority of older concrete balconies are either supported balconies or cantilevered balconies.
The lifespan of concrete decking can vary, depending on environmental exposure such as wind and weather as well as the quality of construction and ongoing maintenance of concrete decks.
The lawsuit concerned a cantilevered balcony with cantilever bars. Cantilevered balconies are common on properties from the 1900-1960s. Critical degradation of the supporting steel profiles of these balconies can be hidden in the façade without causing visible signs on the surface.
Owners of properties with older balconies - or if you are thinking of acquiring such a property - should obtain the original construction drawings from the municipality's building web. The construction drawings can shed light on the structure of the construction, which has an impact on the statics and what ongoing maintenance needs there are.
You should also read the two guides prepared by the Danish Technological Institute in 2017 for the former Danish Transport, Construction and Housing Authority:
- "Guidelines for the inspection of older concrete balconies"
- "Cantilevered balconies with cantilevers - do you have one?"
As well as the guide prepared by the Danish Technological Institute in 2019 with support from the Landowner Investment Fund (GI):
- "Is my balcony safe?"
These guides give owners an insight into the different types of balconies, what to look for, how concrete balconies should be maintained and when it is recommended to have a professional inspect the balcony.
The verdict
In 2019, the landlord acquired a multi-storey property from 1903, consisting of three tenancies spread over three floors.
Prior to the acquisition, the landlord, who had his own carpentry company, inspected the exterior of the property from the ground floor. The landlord did not use other professionals to assess the condition of the property.
During his inspection of the balcony, the landlord saw that the concrete was broken and that the iron, including the railing, was slightly rusty, but that it appeared to be in good condition.
However, the first floor balcony collapsed in 2020, injuring five people who were on the balcony.
The accident was investigated by the police, and a technical investigation of the balcony was carried out at the request of the (then) Danish Transport, Construction and Housing Authority. The cause of the collapse was broken outriggers. As there was no reasonable suspicion that a criminal offense had been committed, the police stopped the investigation.
In the civil case about the landlord's liability, the expert who had prepared the technical survey was called as a witness.
He stated that the rust deposits on the underside of the cantilever bars, combined with the spalling of the concrete, should have led to an examination of the balcony. However, the rust deposits were unrelated to the critical cut, but it was a sign that the balcony was old and not protected against rust.
The rust that had formed in the critical cut was not immediately visible during an inspection. A relatively small cut was necessary to reach the critical cut to assess the condition of the balcony.
The district court found that the visible parts of the steel profiles showed signs of rust and spalling of the concrete, which should have led the landlord to carry out a closer inspection of the balcony. Because no closer inspection of the balcony - or maintenance in general - had been carried out, the landlord had acted negligently.
The verdict was appealed by the landlord.
In the High Court, the expert elaborated that an ordinary superficial inspection of the balcony would not have revealed the problem.
According to section 14 of the Danish Building Act, owners are obliged to ensure that their property is in good condition.
The High Court found that the balcony was unsafe because it collapsed as a result of corrosion in the outriggers inside the brickwork.
The High Court concluded that the balcony appeared to be in a condition that should have prompted the landlord to examine the balcony more closely. The landlord had acted negligently by not having examined the balcony more closely. This was regardless of the fact that the visible damage to the balcony was not the cause of the collapse.
Landlord's duties
The ruling illustrates the landlord's obligation to ensure that the property is in proper condition so that the property is not a danger to residents or others.
The landlord should be aware that visible conditions - which are not necessarily critical in themselves - may lead to an obligation to investigate the construction further.
Failure to inspect or maintain concrete balconies can lead to liability in the event of damage.
CLEMENS are specialists in residential and commercial tenancy law and advice on the same.
If you have any questions regarding the article or rental in general, please feel free to contact us.
(We wrote the article for the magazine Danske Udlejere, September 2024)
