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Water supply system in an apartment building: self-monitoring, maintenance records and authority access

Water supply systems in Austrian apartment buildings: section 5 TWV duties, maintenance records, retention and steps after non-compliance.

Mag. Bernhard Brandauer, Rechtsanwalt

BRANDAUER Rechtsanwälte
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BRANDAUER Rechtsanwälte

Salzburg law firm for real estate, property and corporate law

The firm team reviews apartment building matters with a focus on leases, land register, data room, contract and settlement.

For a separate water supply system in an Austrian apartment building, section 5 of the Drinking Water Ordinance (TWV) sets out specific self-monitoring duties. The operator must build and maintain the system properly, prevent adverse effects on the water and keep the records needed to demonstrate compliance.

The practical review therefore starts with three questions: who operates the water supply system, which plans and maintenance records exist, and how are tests and non-compliance documented? Water meters, a defective riser or an ordinary service-charge statement address only part of that review.

Quick check

Can the water supply system self-monitoring be verified?

Classify the operator role, maintenance file and test results. The result points to the first record that should be completed for the building.

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01 Question 1

Is it clear who actually operates the water supply system?

All paths at a glance

Overview of all answers.

01

Clarify the operator role, division of duties and access to the water supply file in writing

Clarify the operator role, division of duties and access to the water supply file in writing
02

Bring plans, maintenance work, training and contractor records together in an active property file

Bring plans, maintenance work, training and contractor records together in an active property file
03

Keep the self-monitoring file current with tests, retention periods and responsible persons

Keep the self-monitoring file current with tests, retention periods and responsible persons
04

Reconcile sampling, reports, electronic data transmission and responses to non-compliance

Reconcile sampling, reports, electronic data transmission and responses to non-compliance

Clarify the operator role and scope first

Section 5 TWV addresses the operator of a water supply system. In an apartment building, the first step is therefore to identify the system covered and the person or entity that actually operates it and has ongoing responsibility for its operation. The owner, property manager and contracted installer may have different tasks. The allocation should be traceable from contracts, handover records and the actual operating arrangements.

The rule concerns quality assurance for the water supply system. It does not decide who bears maintenance costs, whether a pipe forms part of the common areas or how water charges are allocated to tenants. Those issues may arise at the same time and require their own legal assessment.

For the organisational side of taking over an apartment building, the article on taking over property management provides the relevant wider framework.

Document construction, maintenance and trained personnel

The operator must build the water supply system according to the state of technology, keep it in proper condition and prevent adverse effects on the water. The system must be built, serviced and maintained professionally by trained persons.

For new systems and for repair or renovation work, section 5 TWV also requires materials and products suitable for contact with water intended for human consumption. Their use must not compromise the protection of human health, adversely affect the colour, odour or taste of the water or promote unnecessary contamination.

The property file should therefore connect maintenance instructions, contractors, materials and training records. One invoice does not by itself demonstrate ongoing self-monitoring. Where pipework is repaired, the tenancy and maintenance issues for the building should be assessed separately. The article on a defective riser in an apartment building addresses that context.

Keep complete and accessible records

Section 5(1)(1)(c) TWV specifically refers to plans and planning documents, maintenance work, training of the persons involved and, where applicable, evidence of work carried out by specialist businesses. Where water is treated, the file also needs documents showing compliance with purity requirements for the substances and products used.

The records must remain available for as long as the operator needs to demonstrate compliance. They must be kept for at least six years and produced to the competent authority on request. Plans and planning documents must be retained indefinitely.

In practical terms, the building needs a central and transferable water supply file. It should show the system, maintenance intervals, faults, contractors, training records and the person responsible at the relevant time. A change of owner or property manager must not break the evidence chain at a former service provider.

Organise tests and sampling

The operator must commission water tests and assessments according to the parameters and sampling frequencies in Annex II TWV. Section 5(1)(2) refers to the Agency under the Austrian Food Safety and Consumer Protection Act, the provincial testing bodies and appropriately authorised persons operating within an accredited conformity assessment body.

Samples must be taken at the prescribed sampling points. The examination also includes an on-site inspection and a hygienic assessment of the water supply system. Different sampling-point requirements apply depending on the daily volume supplied. Additional samples or tests may be needed where the water quality requires them or a potential health risk is suspected.

The file should therefore contain more than a laboratory result. It should connect the instruction, sampling point, date, hygienic assessment, report, expert opinion and resulting measures. That structure shows which test relates to which condition of the system.

Handle reports, notifications and non-compliance

Under section 5(1)(4) TWV, the results of the tests and expert opinions must be transmitted electronically to the data system provided by the competent authority without delay after the operator has received them. Reports and expert opinions must be retained for six years. Reports and expert opinions from the comprehensive inspection must be retained for ten years.

If a microbiological or chemical requirement is not met, the operator must take documented measures without delay to restore proper water quality, inform consumers and the competent authority and, after restoration, inform them that normal operation has resumed. A tenfold exceedance of a radioactive indicator parameter triggers separate remedial and information duties.

Changes that may have a fundamental effect on the results of the risk assessment submitted to the authority must be reported without delay. A new treatment system, a substantial technical change or a different mode of operation should therefore be checked before implementation for its effect on the risk assessment.

Build a water supply file for the building

For ongoing management, the file should contain an operator and responsibility record, plans, a system description, maintenance and repair instructions, materials used, training records, test orders, sampling points, reports, expert opinions, communications with the authority and completed remedial measures.

When an apartment building is acquired, the file should be a separate data-room item. Open findings, missing plans, unclear sampling points and outstanding notifications belong in a measures list with an owner and a date. Naming a property manager as the contact person does not replace the review of the operator role and the actual records available.

Technical self-monitoring is separate from the allocation of water charges. The article on water meters in an apartment building covers consumption-based costs. The article on maintenance in older buildings places repair and maintenance issues in the wider property context.

Review and next steps

For an initial review, keep the operator record, plans, maintenance and repair evidence, training records, sampling points, test reports, expert opinions, electronic data transmission and communications with the authority in chronological order. The file should show whether an open deviation has been remedied and documented.

Where the evidence chain is incomplete, secure the system status and responsibility first. Then classify the missing specialist records, tests or notifications. In the event of an acute quality deviation, restoring proper water quality is the immediate priority.

This review concerns self-monitoring under section 5 TWV. Rent, service charges, maintenance, access to flats and contractual consequences are separate questions that must be assessed against the specific tenancy and ownership structure.

FAQ on water supply systems in apartment buildings

Does section 5 TWV apply to every apartment building?

Section 5 TWV addresses the operator of a water supply system. The relevant questions are whether the building operates such a system and who is responsible for it. A building with an ordinary internal installation must be distinguished from a separate water supply system.

Is a maintenance invoice enough evidence?

One invoice will generally not show the complete evidence chain. Section 5 TWV refers in particular to plans and planning documents, maintenance work, training and, where applicable, evidence from specialist businesses. These records should be kept as an ongoing property file.

How long must the records be retained?

The records must be retained for at least six years and produced to the competent authority on request. Plans and planning documents must be kept indefinitely. Reports and expert opinions from the comprehensive inspection must be retained for ten years.

What must happen after a microbiological or chemical deviation?

The operator must take documented measures without delay to restore proper quality, inform consumers and the competent authority and, after restoration, inform them that normal operation has resumed. The specific measure depends on the result and the expert assessment.

Must a technical change be reported?

Changes that may have a fundamental effect on the results of the submitted risk assessment must be reported to the competent authority without delay. Before a substantial change, the operator should therefore check whether the risk assessment and authority records need to be updated.

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