Who is responsible for a burst water pipe?
It depends on whose pipe it is and why it burst. In a house the owner is responsible for the plumbing inside the property line. In a condo, the declaration and the Condominium Act decide who repairs what. In a rental, the landlord generally maintains the plumbing. This is general information only.
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Houses
If you own the house, the pipes inside the building belong to you, and so does the cost of repair, subject to your insurance. The municipality is responsible for the water main under the street, and in many municipalities for part of the service line, so check with the City if the failure is outside.
In every case the first step is the same: shut off the water to stop the damage.
Condominiums
Under the Condominium Act, 1998, the corporation repairs the units and common elements after damage, but not improvements to a unit measured against a standard unit. A unit owner who causes damage may be charged the lesser of the repair cost or the corporation's deductible. Whose pipe it was, and what the declaration says, decide the rest. Read your declaration and ask the property manager.
A burst pipe in a unit above can also damage your unit. Report it at once and photograph everything.
Rental units
Ontario's Residential Tenancies Act requires a landlord to keep a rental unit in a good state of repair. A tenant who finds a burst pipe should tell the landlord immediately and take reasonable steps to limit damage. Whether a tenant is liable for any damage turns on the facts, and a lawyer or the Landlord and Tenant Board can advise. We provide general information only and recommend confirming specifics with a lawyer.
Documenting for the person who decides
Whoever ends up responsible, good records help. Photograph the burst, the water and the damage. Keep the plumber's report, the moisture readings and the invoices. Write down when you reported it and to whom.
These records help a property manager, a landlord or an insurer understand the event and make a decision quicker.
Whoever pays, the water needs to be dealt with
Liability can be sorted out later; the wet structure cannot wait. Our work on burst pipes in Mississauga is to stop the damage spreading, document the loss and dry the structure, and we work in houses, condos and rentals. Our what to expect page shows how a job runs. The assessment is free, and a written scope and price come first. We bill your insurer directly where the insurer allows it.
Related questions
Who pays for the plumber?
Usually the owner of the pipe, which may be you, the corporation or the landlord.
Can I be held responsible for damage to a neighbour?
Possibly, depending on the cause. Report the event and notify your insurer.
Should I wait to find out who is responsible before drying?
No. Waiting makes the damage and the cost larger.
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