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Roofing and leaks
Roof tile fell on a car or a passer-by: who is liable?
First people, then photos, then paperwork.
The answer in 2 lines. If a tile from your roof hurts someone or damages a car, the first job is to keep everyone away from the area below the roof, because more tiles may follow. If anyone is hurt, call 999. In England, the person responsible is usually whoever owns or controls the building and should have kept the roof in repair. This is decided under the general law of negligence and nuisance, not one single article. A roof that was clearly neglected makes liability much more likely. A well-kept roof hit by an exceptional storm may not lead to liability. Take dated photos, swap details and tell your home insurer. If you rent, tell your landlord in writing.
The first 4 steps
- Keep people back from the pavement, drive or garden below the roof. Put bins or a chair out to warn passers-by if you can do it safely.
- If someone is hurt, call 999. For advice on an injury that is not an emergency, call NHS 111.
- Take dated photos and video of the fallen tile, the roof, the car or anything else damaged, and note the time and the weather. Keep the tile.
- Swap names, addresses and insurer details with the car owner or the person hurt, then tell your home insurer as soon as you can.
Stop: danger
- Someone injured: call 999. Do not move someone who is unconscious unless they are in immediate danger.
- More tiles, slates or masonry could fall on the street right now: keep people away and call 999. Do not go up on the roof or lean out of a window to reach it.
- Loose roof material that is not about to fall: report it to your council's building control team. Under the Building Act 1984, councils in England and Wales can deal with dangerous buildings, using emergency measures if needed, and then recover reasonable costs from the owner.
Who is usually liable in England
- The owner or whoever must keep the roof in repair: if a tile falls because the roof was in poor repair and that person knew, or should have known, they are likely to be liable for the damage or injury. In England these claims are usually brought in negligence or nuisance.
- An exceptional storm: if the roof was properly maintained and an extreme storm caused the damage, the owner may not be liable. An ordinary windy day is unlikely to be enough. Courts look at the facts of each case.
- Visitors on your property: if the tile hits someone you invited onto your premises, such as a guest or a delivery driver, the Occupiers' Liability Act 1957 sets out the duty of care you owe them.
- If you rent: in England your landlord is responsible for the structure and exterior of the property, which includes the roof. Tell them in writing straight away.
- Flats: the roof is normally looked after by the freeholder, the managing agent or the management company. Your lease says who is responsible. Tell them straight away.
Who pays, in practice
- Someone else's car: the owner can usually claim through their own motor insurance if they have comprehensive cover. Their insurer may then claim the cost back from you or your insurer. They can also claim against you directly.
- A person who is hurt: their claim goes to the building owner. Buildings insurance often includes liability cover for the property. Look on your policy schedule for a heading such as "property owner's liability" or "liability to the public", and check the limit.
- Your own car: this normally falls under your motor policy, depending on your cover. Home insurers often refuse to pay for damage to the policyholder's own car.
- The roof itself: storm damage to the roof may be covered by your buildings insurance. Check what your policy says about storms and wear and tear, and check the excess.
- If your insurer says no: complain to the insurer first. If you are still unhappy after their final response, or after about 8 weeks, you can take the complaint to the Financial Ombudsman Service for free. You normally have 6 months from the final response to do this. See the Citizens Advice guide to using an ombudsman.
What not to do
- Admitting fault in writing before you have spoken to your insurer: just describe what happened.
- Throwing the fallen tile away, or having the roof repaired before taking photos, because both show the cause.
- Going up a ladder or onto the roof yourself, especially in wind or rain.
- Waiting for the next storm before getting the rest of the roof checked by a qualified roofer.
Useful contacts and tools
- Your council's building control: type your postcode into GOV.UK: Find your local council, open your council's website and search for "dangerous structure". Many councils have an out-of-hours number for this.
- Storm warnings: check Met Office UK weather warnings and select your region. If a wind warning is issued, move the car away from the house and have loose tiles fixed before the storm.
- Insurance complaints: the Financial Ombudsman Service explains who it is and how to bring a complaint once your insurer has had its chance to reply.
Scotland has its own law on liability and its own tenancy rules. Northern Ireland has separate legislation. The safety steps are the same everywhere.
Good to know
- After a storm: Slipped or missing roof tiles after a storm: who to call, who pays.
- Keep your roof maintenance invoices. They help to show that the roof was looked after.
- If the case is disputed or someone is seriously hurt, get advice from Citizens Advice or a solicitor.
On a windy morning in Nottingham, a tile from Graham's semi lands on his neighbour's parked car. Nobody is hurt. He puts his wheelie bin out to keep people off that bit of pavement, takes photos of the tile, the roof and the dent, and gives his neighbour his insurer's details. Each of them tells their own insurer. A roofer re-fixes the loose tiles at the edge of the roof the next day.
A made-up story, for illustration.
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Bobby publishes free practical guides written for England: English laws, numbers and organizations. In England, Bobby answers your questions; it does not put you in touch with professionals.
All guides: EnglandSources, verification, confidence
Verified on 6 November 2026, for England. Confidence: high for the safety steps, the council's powers over dangerous buildings, the landlord's responsibility for the structure and exterior, and the complaints route to the ombudsman; medium for who is liable, which in England depends on negligence and nuisance law and on the facts of each case (especially in storms); medium for who pays, which depends on each insurance policy. This guide describes common cases and is not legal advice.
- legislation.gov.uk — Occupiers' Liability Act 1957
- legislation.gov.uk — Building Act 1984, section 78 (dangerous building: emergency measures)
- GOV.UK — Private renting: repairs
- GOV.UK — Find your local council
- Citizens Advice — Complaining to an ombudsman
- Financial Ombudsman Service — Who we are
- Met Office — UK weather warnings