Understanding the problem of infiltrations

Water infiltrations represent one of the most frustrating and damaging problems within a condominium. Damp stains, mold, and structural damage not only compromise the quality of life but can also generate complex legal disputes. Understanding who is responsible and how to act to obtain fair compensation is fundamental to protect one's rights and the value of one's property. Addressing these situations requires a deep knowledge of regulations and a strategic approach. As an expert lawyer in damage compensation in Milan, attorney Marco Bianucci provides the necessary assistance to manage these issues, from the initial damage assessment to its complete liquidation.

Responsibility for infiltration damage: the regulatory framework

The central issue in cases of infiltration is the identification of the responsible party, obliged to compensate for material damages and, in some cases, non-pecuniary damages. Italian law, particularly Article 2051 of the Civil Code, governs the so-called 'damage from things in custody'. This principle establishes that the custodian of a good, meaning whoever has control over it, is responsible for the damages that such good causes to third parties. In a condominium context, this responsibility can fall on different subjects, depending on the origin of the infiltration.

Condominium Responsibility

The condominium, represented by its administrator, is considered the custodian of the common parts of the building. If the infiltration comes from common parts such as the roof, the flat roof, the facades, or the vertical pipes of the water system, the responsibility falls on the entire condominium. In this case, all condominium owners will be called upon to contribute to the expenses for the repair and for the compensation of the damage suffered by the individual owner, according to their respective proportional shares.

Individual Condominium Owner Responsibility

Should the infiltration originate from a private property, for example, from a drain pipe of the upstairs apartment or from a terrace for exclusive use, the responsibility lies with the individual condominium owner. They will be directly responsible for the damages caused to the underlying or adjacent property. Precisely identifying the point of origin of the damage is therefore the first crucial step to initiate a correct compensation claim.

The Strategic Approach of Bianucci Law Firm

Attorney Marco Bianucci's approach, a lawyer with consolidated experience in damage compensation in Milan, is pragmatic and aimed at an effective resolution of disputes. Each case is managed through a clear and structured process, starting with an in-depth analysis of the situation. The first step involves promoting a party-appointed technical expert's report, drafted by a trusted professional, to unequivocally ascertain the cause, nature, and extent of the damages. This document is essential to solidly base any compensation claim. Subsequently, a formal request for compensation is sent to the identified responsible party, whether it be the condominium or another private individual, seeking to reach an out-of-court settlement that avoids the lengthy process of a lawsuit. Should dialogue not lead to a satisfactory result, the firm assists the client in the most appropriate legal action to protect their rights.

Frequently Asked Questions

Who pays for water infiltration damage in a condominium?

Responsibility depends on the origin of the damage. If the infiltration comes from common parts of the building (e.g., roof, condominium pipes), the condominium pays. If, on the other hand, it originates from a private property (e.g., the bathroom of the upstairs apartment), the individual owner is responsible. A technical expert's report is often necessary to ascertain the cause with certainty.

What to do immediately in case of water infiltration?

It is crucial to act promptly. First, it is necessary to immediately notify the condominium administrator and, if identified, the owner from whom the damage is presumed to originate. It is also important to document everything with detailed photographs and videos of the damage suffered and, if possible, secure goods and furnishings to limit further prejudice.

Is a technical expert's report necessary to claim compensation?

Yes, a party-appointed technical expert's report is a fundamental tool. Not only does it economically quantify the damages suffered (restoration costs, damage to furniture, etc.), but above all, it technically and impartially ascertains the cause of the infiltration. This document greatly strengthens the position of the injured party both in the out-of-court phase and in any eventual lawsuit.

How long do I have to claim damage compensation?

The right to compensation for damage resulting from an unlawful act, as in the case of infiltrations, generally prescribes in five years. The term runs from the day the damage occurred and its cause and extent were perceived. However, it is advisable to act as soon as possible so as not to compromise the possibility of collecting effective evidence.

Obtaining Fair Compensation: The First Step

Dealing with infiltration damage requires expertise and determination. If you have suffered prejudice due to water leaks in your property in Milan and wish to obtain fair compensation, it is important to rely on a professional who can guide you. Attorney Marco Bianucci offers targeted consultation to analyze your specific situation, define the best strategy, and assist you at every stage of the process. Contact the firm for an evaluation of your case and to understand how to effectively protect your rights.