The problem of leaks in Spanish homes
In Spain’s residential buildings, leaks and high humidity are among the most common issues. This is especially problematic for those whose apartments are located directly below the source of the problem. If the upstairs neighbor is willing to fix the issue, it can be resolved quickly. But what should you do if your neighbor is in no hurry to carry out repairs?
Identifying the cause and determining responsibility
The first step is to determine exactly where the water is coming from. Sometimes it seems like the leak is coming from a neighboring apartment, but it later turns out that the damage is related to communal building utilities. In this case, the responsibility for repairs rests with the entire community of owners. If it is confirmed that the water is coming from the upstairs apartment, you need to contact the owner. They are obliged not only to fix the cause but also to compensate the affected party for damages. Usually, the expenses are covered by the insurance company if the neighbor has a policy. The exception is cases where the leak was caused by negligence.
What to do if your neighbor refuses
If the apartment owner acknowledges the problem and agrees to carry out repairs, the issue can be resolved without unnecessary complications. However, if they refuse to address the leak, it is recommended to send a written complaint. The document should describe the situation in detail, propose a solution, and include supporting evidence such as photos, expert assessments, and other materials. A copy of the statement should also be sent to the building council. If there is no response, legal proceedings may be the only option. In this case, you will need to prove your neighbor’s fault. This typically involves inviting an expert to prepare a technical report on the nature of the damage, its causes, and the cost of repairs. Such a report becomes the key piece of evidence in court.
Out-of-court settlement options
It is often possible to resolve the issue without going to court. The parties can reach an agreement through mediation or reconciliation. If a compromise cannot be found, legal proceedings may be necessary. This usually requires assistance from a lawyer and a representative, except in cases involving minor sums. Before starting litigation, it is important to ensure that the neighbor is indeed at fault; otherwise, you will have to cover all legal fees and expert costs yourself.
First steps upon discovering a leak
If you notice water appearing on the ceiling or walls, it is recommended to contact your insurance company immediately. A specialist will assess the situation and determine the source of the problem. If it turns out that the damage is related to another apartment, you will need to contact its owner for further action.
