ADVERTISEMENT

Dealing with water damage caused by neighbours

Dealing with water damage caused by neighbours

From preserving evidence to insurance – this is how property owners on the Costa Blanca should proceed when faced with leaking ceilings.

A quiet drip, a dark spot on the ceiling – and suddenly it's clear: water is coming from above. Hardly any other damage causes as much trouble in shared households as water damage from the flat above. In addition to the practical problems, it quickly becomes a matter of responsibility, insurance and deadlines. But if you react correctly, you can avoid major damage – and secure your claims.

First of all, stay calm and secure evidence. Photos and videos of the wet ceiling, affected furniture or spreading water are essential. The timeline should also be documented – especially if the neighbour does not act immediately. You should then inform the person responsible directly, ideally in writing or by message, so that the time and content of the report can be verified. A polite but clear request to temporarily turn off the water can prevent further damage.

At this point, at the latest, you should also contact your own insurance company. According to Spanish insurance law, damage must be reported within seven days of discovery – unless a longer period is specified in the policy. Many insurance companies also offer legal support or commission their own experts to help clarify the cause and responsibility.

Who has to pay for the costs depends on where the leak occurred. If it is a defective pipe or a leaking valve in the upper flat, the owner is liable – as a rule, his insurance company will cover the costs.

Home contents insurance covers repair costs and consequential damage. However, if the cause lies in the communal pipes, the owners' association (Comunidad de Propietarios) is responsible.

When legal action is the only option left
It becomes problematic if the neighbour ignores the damage or refuses to take action. In this case, you should first try to reach an amicable agreement – always supported by evidence and written communication.
If the situation remains unresolved, legal action may be taken. The Spanish Civil Code generally provides for a limitation period of one year from the date of the damage for such cases. However, some courts apply a limitation period of five years, for example if the damage is due to negligence or lack of maintenance.

Anyone who chooses to take legal action should be well prepared. In addition to photographs and invoices, expert reports, witness statements and correspondence are crucial. They prove when the damage was discovered, how high the costs are and who is responsible. A court ruling can oblige the party responsible to pay for the repairs or reimburse the costs incurred.

Conclusion: Water damage caused by neighbours is annoying, but can be resolved with a systematic approach. If you document the damage early on, report it in good time and keep track of deadlines, you will be on the safe side – and avoid a small water stain turning into a major dispute.