Discovering cracks in the walls, leaks, or structural damage in your home as a result of renovation work in a neighboring apartment is an experience that generates deep concern and stress. Beyond the aesthetic and economic damage, there is often fear for the very safety of one's home. As a lawyer specializing in compensation for damages in Milan, Avv. Marco Bianucci perfectly understands the urgency of acting promptly to protect the value of your property and your peace of mind. Facing the neighbor or the construction company without adequate legal support can lead to long and inconclusive disputes; for this reason, it is essential to act with a clear strategy from the very first manifestation of the problem.
Civil Liability for Renovation Damages
The Italian regulatory framework offers precise protections for those who suffer damages arising from the construction work of others. Liability in these cases can fall on two main parties: the owner of the apartment where the work is being carried out (the client) and the executing company. The client is often held responsible under Article 2051 of the Civil Code, as the custodian of the property, for damages caused to third parties by the things in their custody. However, jurisprudence frequently recognizes joint and several liability between the client and the contracting company, especially when the owner has not exercised adequate control or has imposed specific directives that have caused the damage (the so-called culpa in eligendo or culpa in vigilando). The company, for its part, is liable for negligence or lack of skill in the technical execution of the work under Article 2043 of the Civil Code. Understanding who to sue and how to formulate the compensation claim is the first fundamental step to obtaining justice.
The Bianucci Law Firm's Approach to Compensation for Damages
Avv. Marco Bianucci, a lawyer specializing in compensation for damages in Milan, adopts an analytical and resolute approach to managing disputes related to renovation damages. The firm's strategy is not limited to a simple formal notice but includes in-depth preliminary technical analysis. Collaborating with trusted engineers and experts, the firm assesses the extent of the damage and the causal link with the neighbor's work. Often, the most effective legal tool recommended is the Preventive Technical Assessment (ATP). This procedure allows for a legal "snapshot" of the situation and the causes of the damage before they are altered by the continuation of the work or repairs, often facilitating a quick settlement without waiting for the lengthy process of an ordinary lawsuit. The goal of Avv. Marco Bianucci is to ensure that the client obtains not only the restoration of the premises to a workmanlike condition but also compensation for the loss of enjoyment of the property and for any depreciation suffered.
Frequently Asked Questions
Who pays for damages caused by the neighbor's work: the owner or the company?
In most cases, there is joint and several liability, meaning that compensation can be claimed from both the owner of the apartment (client) and the construction company that carried out the work. The owner is liable as the custodian of the property and for commissioning the work, while the company is liable for having materially caused the damage by operating without due diligence. A lawyer specializing in compensation for damages will assess on a case-by-case basis whether to proceed against both to maximize the chances of recovering the debt.
What should I do as soon as I notice cracks in the walls during the neighbor's work?
The first fundamental action is to document everything photographically, noting the date the damage appeared. Subsequently, it is essential to immediately send a registered letter or certified email (PEC) of formal notice to both the neighbor and the company (and the condominium administrator for their information), demanding the immediate suspension of the harmful activities and an inspection to verify the damages. Do not proceed with repairs on your own initiative before a party-appointed technician or one appointed by the court has inspected the premises, otherwise, you may compromise the proof of the causal link.
Is it possible to stop the neighbor's work if the damages are serious?
Yes, if there is a well-founded fear that the continuation of the work could cause serious and irreparable damage to your property (such as partial collapse or severe structural damage), you can resort to the judicial authority with an urgent action. Through a petition for denunciation of new work or for apprehended damage, Avv. Marco Bianucci can request the judge to issue a precautionary order that suspends the construction site immediately or orders the adoption of specific safety measures.
Does home insurance cover legal expenses for this type of dispute?
Many multi-risk home insurance policies include a legal protection guarantee. If active, this coverage can cover the expenses of lawyers and technical experts necessary to prove the damage and obtain compensation. The Bianucci Law Firm also provides assistance in reviewing insurance policies to verify the applicability of such guarantees and manage relations with the insurance company, relieving the client of complex bureaucratic burdens.
Request a Case Evaluation
If your home has suffered damage due to your neighbor's renovation work, do not let time pass and worsen the situation. Entrust your real estate assets to the expertise of Avv. Marco Bianucci for protection. The firm receives clients in Milan at Via Alberto da Giussano, 26, and is ready to analyze your situation to define the best defense strategy. Contact Avv. Marco Bianucci today for an initial consultation and to understand how to obtain fair compensation.