Legal conditions and obligations of building and house management regarding roof snow clearance and the removal of icicles and snow overhangs

In winter, particularly during periods of heavy snowfall, building management, housing associations and property owners must ensure the proper maintenance of their properties in order to guarantee the safety of residents and passers-by. This applies in particular to clearing snow from roofs and removing icicles and snow overhangs, which can pose a serious threat.

Responsibilities of building owners and management

In accordance with current legal regulations, both property owners and building managers are responsible for ensuring the safety of building users. In this regard, there are a number of legal regulations that point to the necessity of clearing snow from roofs and removing icicles.

  1. Civil law and safety regulations

In Poland, the obligations regarding the removal of icicles and snow clearing from roofs stem from civil law provisions, including the Civil Code and the Act on Maintaining Cleanliness and Order in Municipalities. Pursuant to Article 415 of the Civil Code, a person who breaches the obligation to ensure safety may bear civil liability for damage caused by inadequate roof security. This may include both property damage and harm to the health or life of individuals who happened to be beneath dangerous snowdrifts or icicles.

  1. Responsibilities of building managers and housing associations

Building managers and residential community administrations have a duty to ensure proper care is taken of the technical condition of the building, and in particular to remove any hazards associated with lying snow and ice. This is required by Article 62 of the Ownership of Premises Act. The manager must also bear in mind that in the event of a failure to perform this duty, they may be held liable for accidents caused, for example, by uncleared icicles.

  1. Obligations arising from the building regulations

In accordance with the Construction Law Act, a building structure must be maintained in a condition ensuring the safety of its users. Article 62(1) of the Construction Law Act states that the owner of a building structure is obliged to provide appropriate measures in order to maintain the structure in a proper technical condition. This also includes the obligation to remove accumulated snow and knock down icicles that may pose a hazard to people staying in the vicinity of the building.

When should roofs be cleared of snow and icicles removed?

Roof snow clearing and the removal of icicles is not a one-off task that can be done only once during the winter season. These duties must be carried out regularly and in a timely manner, particularly during periods of heavy snowfall.

  1. After heavy snowfallIn the event of heavy snowfall, the building management has an obligation to remove excess snow from the roof before the accumulated layer becomes too heavy. Excess snow can cause damage to the roof structure and also increase the risk of part of the roof collapsing.
  2. Regular roof inspectionsOwners and managers should regularly check the condition of the roof and remove icicles during the winter months. Icicles that form on gutters can not only cause damage to the roof itself, but also pose a danger to people near the building.
  3. Following the occurrence of hazardous weather conditionsFollowing a thaw that turns snow into water and then freezes, so-called snow cornices are formed. They are particularly dangerous as they can easily fall at any time, posing a hazard to people and causing property damage.

Liability for negligence

If the owner or property manager does not take appropriate action to remove accumulated snow, icicles, or snow overhangs, they may be held liable for any damage resulting from such negligence. In particular, if an accident occurs in which a person is injured, the property owner may be held civilly liable. One can also be fined by the relevant order services or local authorities.

How to commission the removal of icicles and snow clearing?

It is recommended that icicle removal and roof clearing be carried out by professional companies specialising in this type of work. These companies have the appropriate equipment, experience and knowledge to carry out this work safely and effectively. Icicle removal and roof clearing are tasks that often require access to difficult areas and are carried out at great heights, which involves a high level of risk.

By commissioning the work to a professional company, you can be sure that it will be carried out in accordance with legal requirements and while maintaining the highest safety standards.

Summary

Snow removal from roofs and the removal of icicles are responsibilities that fall upon building owners and administrations, particularly during the winter period. Neglecting these duties can lead to serious consequences, both in terms of building damage and civil liability for accidents. It is worth commissioning these works to professional companies that have the appropriate equipment and experience in working at height, thereby ensuring the safety of residents and passers-by. Regular removal of icicles and snow from roofs is an investment in safety that can prevent unpleasant and costly situations in the future.