Civil Liability for Structural Damage Caused by Adjacent Excavations
The stability of one's home is a primary asset, and when excavation work on a neighbor's land threatens the integrity of the building, causing cracks or structural damage, concern is legitimate and immediate. As an attorney specializing in damage compensation in Milan, I deeply understand the anxiety that comes from seeing the safety of one's home compromised. The Italian Civil Code, in Article 840, states that the landowner cannot carry out works that cause damage to the neighbor. When reckless excavation causes subsidence, cracks, or static damage to the adjoining property, a specific civil liability arises, obliging the perpetrator of the damage to compensate and restore safety.
The regulations stipulate that those who carry out excavations must adopt all necessary precautions to avoid prejudice to neighboring properties. If these precautions are omitted or prove insufficient, the damaged party is entitled to compensation not only for the material repair costs but also for any depreciation of the property and for the inconvenience suffered. However, managing these disputes requires prompt and technically impeccable action. In fact, the opposing party may often attempt to attribute the damage to pre-existing defects in the building or to natural causes, making it essential to demonstrate the causal link between the excavation and the alleged damage.
Studio Legale Bianucci's Approach to Property Protection
At Studio Legale Bianucci in Milan, we handle cases of damage from excavations with a rigorous strategy that combines legal expertise and specialized technical support. Attorney Marco Bianucci, an expert in real estate law and damage compensation, almost invariably advises proceeding, before any other action, with a Preliminary Technical Assessment (ATP). This legal tool is fundamental: it allows for a photographic record of the state of the premises and the injuries with evidentiary value in future litigation, before the situation can change or emergency repairs are carried out that would erase the traces of others' responsibility.
The firm's strategy is based on collaboration with trusted structural engineers to assess the extent of the damage and the static risk. We do not merely send a compensation claim; we build a solid evidentiary dossier that unequivocally demonstrates the correlation between the neighbor's construction activity and the structural damage suffered by your property. Attorney Marco Bianucci's goal is to obtain the maximum possible compensation for the client, while also ensuring the safety of the property through emergency procedures, should there be an imminent danger of collapse or worsening of the damage.
Frequently Asked Questions
What should I do as soon as I notice cracks on the walls during my neighbor's work?
The first action to take is to immediately document the state of the premises with dated photographs and detailed videos. Subsequently, it is crucial to send a formal notice via registered mail or certified email (PEC) to the owner of the adjoining property and the executing company, reporting the damage and demanding the immediate suspension of the damaging activities. At this stage, the support of an attorney specializing in damage compensation is crucial for formulating the objection in a legally correct manner.
Can I request a work stoppage if I fear a collapse?
Yes, the legal system provides a specific tool called a report of new work or feared damage. If there is a well-founded reason to fear that the work undertaken by the neighbor may cause serious and imminent damage to your property, Attorney Marco Bianucci can resort to the judicial authority to obtain an urgent order suspending the work or requiring the adoption of specific technical precautions.
How is compensation for structural damage quantified?
Compensation includes several items: the expenses necessary for the structural and aesthetic restoration of the property, technical expenses for expert reports and geological surveys, and any damage for reduced enjoyment of the property if it has become partially or totally uninhabitable. It is calculated based on a technical expert report that estimates the real costs of intervention to restore the property to its pre-damage condition.
Who pays the expenses of the technical consultant for the assessment?
Initially, the expenses for one's own party-appointed consultant and for the court-appointed technical consultant are usually advanced by the party requesting the assessment. However, in case of a favorable outcome that ascertains the neighbor's liability, these expenses are included in the compensable damage and must be reimbursed by the losing party at the end of the proceedings.
Request a Case Evaluation in Milan
If your property has suffered damage due to excavations on the adjoining land, promptness is your best ally. Attorney Marco Bianucci is available at the Milan office to analyze your documentation and plan the best defense strategy. Contact the firm to schedule an appointment and protect the value and safety of your home.