Leaks from upstairs neighbors are among the most unpleasant — and unfortunately, common — household problems in Spanish apartment buildings. Sudden stains on the ceiling and walls can ruin not only your renovation but also your relationship with your neighbors. However, there’s no need to panic. There is a clear step-by-step procedure that will help minimize the damage and ensure fair compensation. The most important thing is to act quickly and follow proper legal protocols.
The first and most important rule is to immediately document all damages. Take as many photos and videos as possible, clearly showing the signs of the leak. If the situation gets worse, keep documenting any changes. This will serve as your main piece of evidence. Right after, contact your upstairs neighbor. Inform them about the issue and ask them to turn off the water supply until a specialist arrives. It’s important that your communication is recorded. Even after a phone call, send a message briefly summarizing the conversation and stating the date.
The next step is to contact your insurance company. According to insurance law, you are required to inform your insurer of the incident within seven days after becoming aware of it. Don’t delay this step, as the sooner you report it, the faster the settlement process will begin. Your insurance policy may include legal protection, which can be very helpful. Request a detailed damage assessment from your insurer. This document will be crucial for any further proceedings.
As a rule, the responsibility for addressing the consequences lies with the at-fault party’s insurance company. It is this company that should cover the repair costs for both their apartment and yours. However, if the leak was caused by a malfunction in their private utilities, the neighbor themselves is fully financially liable, even if they do not have insurance.
Unfortunately, not all neighbors act in good faith. If the person responsible ignores your requests and is in no hurry to fix the cause of the leak, don’t lose hope. First, try to resolve the issue peacefully by presenting the evidence you’ve collected. Often, this is enough to make someone realize the seriousness of the situation. If negotiations fail, you will have to take more decisive action.
If your neighbor refuses to voluntarily compensate for the damage, you have every right to take the matter to court. You will need a lawyer’s assistance for this process. Your claim will be supported by all the evidence you have gathered: photos, videos, expert reports, and repair bills. The law gives you one year to file a claim for non-contractual damages, although some court precedents extend this period up to five years. The court’s decision will require the culprit to either pay for the repairs or carry them out at their own expense.
It is also important to identify the source of the problem. If the leak is caused by a malfunction in the building’s communal systems, responsibility for repairs and compensation falls on the homeowners’ association (comunidad de propietarios). In this case, all claims should be directed to the community manager. An insurance adjuster can help determine precisely whose pipe caused the issue—your neighbor’s or the building’s.
