Water-based underfloor heating: damage and meter bypass unproved

Narva linn, Tallinna mnt 56 korteriühistu sought damages of 603.96* euros from owner XX: 172.49* euros for extra heat from underfloor heating and 431.47* euros for alleged hot-water use bypassing the meter. It relied on a connection discovered during riser replacement, photographs, an inspection record and a design bureau’s calculation. XX admitted connecting underfloor heating to the circulation pipe serving the towel rail, but denied connecting to the hot-water supply pipe or bypassing the meter. The court distinguished the cold-water, hot-water supply and hot-water circulation pipes. Photographs were taken after the connection had been removed, while the association’s and service provider’s records did not prove connection specifically to the hot-water supply pipe. The claim concerning unmetered hot-water use was therefore dismissed. Connection to the circulation pipe was proved by XX’s admission. But this fact and a calculation of increased heat load did not prove damage to the association or causation. The calculation used a standard design without an on-site inspection; general water-loss records also failed to link losses to XX. The court did not assess lawfulness of the connection or fault, since the preceding requirements for liability had not been proved. The entire claim was dismissed, with litigation costs borne by the association. The judgment does not authorise such a connection. The court did not grant separate permission to appeal in simplified proceedings; an appeal remained possible for the significant errors described in the judgment.