If my neighbour's building work causes cracks in my home, does their insurance pay?

Question

José Manuel Alburquerque · Accepted Answer

Yes, if it is shown that the cracks were caused by the building work and the policy covers that damage. Liability may lie with the neighbour who commissioned the work, the firm that carried it out and, if protective measures were lacking, the site supervision team. You can claim directly against their liability insurers. The difficult part is proving that the cracks were not there before and that the work caused them, which is why it is advisable to gather evidence from the outset. The ten-year structural defects insurance (the “seguro decenal”) for that building work, if there is one, is of no help to you, because it excludes damage to neighbouring properties. The evidence If you know that your neighbour is going to carry out building work, ask for the condition of your home to be recorded before it starts, with a notarial record (“acta notarial”) or a technician's report and photos of any existing hairline cracks. Without that evidence, you will be told that the cracks were already there. When the cracks appear, photograph them with the date and make a note of when the noise and vibrations started. Commission a report from an architect or a building surveyor (the “aparejador”) linking the cracks to the building work. Who to claim against The neighbour who commissioned the work and the firm that carried it out, in writing and as soon as the damage appears. Ask them for their insurance details. The neighbour's home insurance does not always cover damage caused by renovation work, so do not leave out the firm's insurance. If there was an architect or building surveyor, against them too. If the work affects common parts or the structure of the building, the owners' association as well. Your own home insurance may cover some of this damage, depending on the policy. If it pays you, it will then claim against those responsible. In Catalonia, the “Código Civil de Cataluña”, the Catalan Civil Code, also prohibits vibrations and other unlawful nuisances coming from neighbouring properties and requires compensation to be paid for the damage they cause to a property. While the work lasts, you can demand that the most disruptive tasks be carried out on the day and at the time when they cause the least harm. Time limit You have one year to claim, or three if the incident occurred in Catalonia. If the cracks keep opening up, the courts usually count the time limit from when they stabilise, but the prudent course is to claim in writing as soon as they appear. That claim interrupts the time limit.