After heavy rains flooded the streets: who is responsible for the consequences and can compensation be obtained

A heavy rain that hit Kyiv and the Kyiv region the day before once again led to street flooding and traffic disruptions. In several districts, water accumulated so quickly that cars were literally floating on the roads, and pedestrians had to look for detours. Such consequences have become common not only for the capital but also for other Ukrainian cities in recent years.

After such rains, the same question always arises: is this solely the result of abnormal weather, or does responsibility lie with local self-government bodies and municipal services? And if people suffered losses or even died due to flooding — who should be held accountable.

Why even a few hours of rain can paralyze a city

Experts note that the problem is complex. In recent years, the number of short but extremely intense precipitation events has significantly increased. Modern downpours often bring a monthly rainfall norm in just a few hours.

At the same time, most Ukrainian cities have stormwater drainage systems that were built decades ago and designed for completely different climatic loads. Added to this are:

• clogged storm drains;
• insufficient capacity of collectors;
• chaotic construction that changes the natural water runoff;
• a large amount of paved areas that prevent water absorption into the soil;
• lack of funds for upgrading engineering networks.

That is why even relatively short rain can lead to flooding of entire neighborhoods.

Who is responsible for stormwater drainage

In Ukraine, the organization of the improvement of settlements, maintenance of improvement facilities, streets, roads, and other elements of urban infrastructure belongs to the powers of local self-government bodies and the municipal enterprises they create.

According to the Law of Ukraine "On Local Self-Government in Ukraine" and the Law of Ukraine "On the Improvement of Settlements," the executive bodies of local councils organize the improvement of settlements, ensure the maintenance of improvement facilities, and the proper functioning of the relevant municipal infrastructure.

If it is established that flooding was the result of improper maintenance of networks, their clogging, untimely cleaning, or other violations, the issue may concern not only economic activity but also legal liability.

Can officials be punished

It all depends on the causes and consequences of the specific event.

If it is established that responsible officials or municipal services improperly performed their duties regarding the maintenance of networks or improvement facilities, the following are possible:

• disciplinary liability;
• administrative liability;
• civil liability with compensation for damages;
• in the most severe cases — criminal liability.

When criminal liability may arise

If serious consequences occur due to official negligence — death of people or other severe outcomes — law enforcement agencies may consider qualifying actions, in particular under Article 367 of the Criminal Code of Ukraine ("Official Negligence").

At the same time, criminal liability is possible only if all elements of a criminal offense provided by law are present. The qualification of actions depends on the specific circumstances of the case, the nature of violations, and their consequences.

It is necessary to prove a causal link between the inaction or improper performance of official duties by responsible persons and the damage caused.

Can citizens demand compensation

If a car was damaged due to road flooding, or property was damaged due to improper maintenance of urban infrastructure, the owner has the right to go to court demanding compensation for damages.

At the same time, to satisfy such a claim, it is necessary to prove the unlawful behavior of the responsible body or the balance holder, the presence of damage, a causal link between the violation and the damage, as well as the amount of damage in accordance with the provisions of the Civil Code of Ukraine.

For this, it is important to:

• document the location of the incident;
• take photos and videos;
• call the police (if necessary);
• obtain documents about the damage;
• conduct an expert assessment of repair costs;
• identify the balance holder of the road, stormwater drainage system, or other improvement facility.

Judicial practice includes cases where local self-government bodies or municipal enterprises compensated for damages if improper maintenance of the relevant facilities and the presence of all elements of civil liability were proven.

At the same time, the mere fact of heavy precipitation does not automatically mean responsibility of the local self-government body or municipal enterprise. If flooding was the result of an extraordinary natural event, and responsible persons acted properly and did not violate their duties, there may be no grounds for compensation. In each specific case, these circumstances are assessed by the court based on the evidence provided by the parties.

After each major bad weather event, municipal services usually work in an intensified mode: cleaning storm drains, pumping out water, removing fallen trees, and restoring traffic.

When rain becomes a deadly threat

A terrible example of how dangerous extreme precipitation can be was the tragedy in Odesa in the fall of 2025.

On September 30, the city was hit by a record downpour. According to official reports, in less than seven hours, almost two months' worth of rainfall fell. The stormwater drainage system could not cope with such a volume of water; dozens of streets were flooded, public transport stopped, people were evacuated from flooded houses and cars. As a result of the disaster, nine people died, including a child, and hundreds of residents had to be rescued.

After the tragedy in Odesa, the issue of Ukrainian cities' readiness for climate change gained new importance. Experts once again emphasized that the problem is no longer limited to the work of municipal services but requires large-scale modernization of urban infrastructure, revision of building codes, and implementation of modern stormwater management systems.

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