Neighbors Flooded the Apartment: How to Properly Document Damages and Get Compensation

Flooding of an apartment due to a neighbor's accident or malfunction of internal building networks can result not only in ruined repairs but also significant financial losses. At the same time, it is possible to receive compensation for the damage caused if the circumstances of the incident are properly documented, the responsible party is identified, and the necessary evidence is collected. Most often, victims lose the opportunity to successfully recover damages due to improper documentation or untimely actions after the flooding. Therefore, the outcome of further negotiations with the guilty party or court proceedings may depend on the initial steps taken after the accident.

Who is responsible for flooding the apartment

First of all, it is necessary to establish the cause of the flooding and the person responsible for the consequences of the accident.

To do this, you need to:

• determine the location of the water leak;
• identify the person or organization responsible for operating the water supply network at that location.

If the leak occurred within the owner's apartment, they are responsible for eliminating the consequences and carrying out repair work.

If the flooding was caused by the actions or inaction of neighbors, claims for compensation should be made to them.

If the accident occurred beyond the tee on the branch from the riser of the internal building drainage system, responsibility may lie with the person or organization authorized by the co-owners of the building to maintain the internal heating, drainage, and hot water supply systems.

How to properly document the fact of flooding

Immediately after discovering the flooding, it is necessary to properly document the fact of damage.

According to clause 2.3.6 of the Rules for the Maintenance of Residential Buildings and Adjacent Territories, approved by the order of the State Committee for Housing and Communal Services dated May 17, 2005, No. 76, in case of apartment flooding, an appropriate act is drawn up in the form defined by Appendix No. 4 to these Rules.

The act is drawn up by a commission of the balance holder of the apartment building — the housing maintenance office (ZHEK), condominium association (OSBB), or another organization managing the building.

According to Appendix No. 4 and explanations from the Ministry of Housing and Communal Services of Ukraine, the act must include:

• date of the act;
• names, initials, and positions of commission members;
• details of the owner or user of the apartment affected by the flooding;
• apartment address, floor, and form of ownership;
• details of the owner or user of the apartment responsible for the flooding;
• apartment address, floor, and form of ownership;
• nature of the flooding and its causes;
• description of material damage, list of damaged items, and approximate cost of losses;
• commission's conclusion regarding the fault of the person who caused the flooding;
• signatures of residents of neighboring apartments.

What evidence will help obtain compensation

In addition to the flooding act, it is advisable to collect additional evidence.

Specifically, it is recommended to take photo and video documentation of the damages. It is desirable to capture not only the consequences of the accident but also the source of the leak: a crack in the pipe, a hose rupture, a faulty mixer, faucet, or another element of the water supply system.

The more detailed the documentation of damages and their causes, the higher the chances of proving your position in a dispute.

Additional evidence may also include witness testimonies.

Why an expert examination is needed after apartment flooding

Compensation for damages can be obtained either voluntarily through an agreement with the guilty party or through court.

However, in any case, proper documentary confirmation of the circumstances is crucial.

An improperly drawn flooding act may be recognized by the court as inadequate or inadmissible evidence. This was noted, in particular, by the Civil Cassation Court within the Supreme Court in rulings in cases No. 2-1974/11 dated February 21, 2018, and No. 465/2120/14-ts dated May 10, 2018.

That is why a more reliable piece of evidence often becomes the conclusion of an expert examination performed by an expert institution or a certified forensic expert.

According to the Instruction on the Appointment and Conduct of Forensic Examinations and Expert Research, approved by the order of the Ministry of Justice of Ukraine dated October 8, 1998, No. 53/5, the basis for conducting an expert examination is a written application from the client specifying the necessary details, list of questions to be resolved, and objects provided for examination.

How to file a lawsuit due to apartment flooding

If the guilty party refuses to voluntarily compensate for the damage caused, the victim has the right to apply to the district or city district court at the place of residence or location of the defendant.

When a natural person files a property claim, the court fee is 1% of the claim amount, but not less than 0.4 and not more than 5 subsistence minimums for able-bodied persons.

What documents are needed to recover damages

To apply to the court, it is necessary to prepare:

• a claim statement in accordance with the requirements of Articles 175–177 of the Civil Procedure Code of Ukraine;
• documents confirming ownership or use of the apartment;
• a properly drawn flooding act;
• documents confirming the amount of damages;
• invoices, receipts, and acts of completed work related to the assessment or expert examination;
• document confirming payment of the court fee.

To confirm the amount of damage, the following may be used:

• estimate of restorative repairs;
• conclusion of a forensic construction and technical examination;
• report on the determination of the cost of repair and construction works;
• property appraisal report.

When the court appoints an expert examination

During the case review, the court may appoint a forensic construction and technical examination to establish the causes of flooding and determine the amount of damages caused.

For this, the party to the dispute must submit a corresponding motion to appoint an examination.

The expert conclusion may become one of the key pieces of evidence in the case and help establish both the culprit of the accident and the actual amount of material damage.

Thus, for successful recovery of compensation for apartment flooding, it is important not only to eliminate the consequences of the accident but also to promptly collect evidence, properly draw up the act, document the damages, and, if necessary, conduct an expert examination. The quality of the evidentiary base most often determines the possibility of obtaining full compensation either voluntarily or through court.

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