Damage to your home caused by a neighbour’s building works.
You can claim compensation for loss and damage
If, after building works carried out by a neighbour (demolition of partition walls, excavation of the adjoining land…), a series of defects starts to appear at the same time, it is very likely that the cause of the damage is directly related to those works.
Article 1902 of the Civil Code expressly provides that anyone who, through an act or omission, causes damage to another through fault or negligence is obliged to repair the damage caused.
In order to enforce this non-contractual (tortious) liability, you will first need to commission an expert report that examines and proves that the damage in the home was caused by those works and, in addition, quantifies the cost of repairing it (the reality of the harm suffered).
Once the causal link between the works carried out and the damage in your home has been proven, compensation for the loss and damage can be claimed either in court or out of court.
The advisable course is to try an amicable approach first (even sending a burofax, a formal registered letter), but if this does not work, a lawsuit will have to be filed.
It is very important that as soon as the damage occurs, you contact your neighbour (and, if possible, keep a written record) about this claim. Bear in mind that an action for non-contractual liability can only be brought within one year from the date on which the injured party became aware of the damage.
DPcon S.L. offers a comprehensive service (architects and lawyers) and can handle both the expert report and the court claim.
Any questions?