Seeing cracks appear on your walls or structural collapses in your property due to excavation work on an adjacent plot is a deeply concerning experience. When deep works alter the stability of the ground, the risk to nearby buildings becomes concrete and requires prompt intervention to secure the property and protect your rights. In such cases, it is essential to understand the legal and technical dynamics to obtain fair economic compensation. As an experienced lawyer specializing in damages compensation in Milan, Avv. Marco Bianucci deals daily with complex situations related to civil liability for property damage, guiding owners through the delicate process of assessment and protection.
The Regulatory Framework: Liability and Owner Protection
Our legal system provides precise tools to protect real estate from harmful interference arising from neighboring land. The Civil Code clearly states that the owner of the soil cannot carry out excavations or works that remove support from the neighboring land. If such works cause foundation settlement or structural damage, liability arises for those who commissioned and carried out the works. This principle is based both on specific regulations concerning distances and boundaries, and on the general principle of non-contractual liability, according to which anyone who causes unjust damage to others is obliged to compensate for it. To activate this protection, it is essential to demonstrate the causal link, i.e., the direct and unequivocal connection between the excavation carried out and the damage suffered by the pre-existing building.
The Importance of Preventive Technical Assessment
In construction disputes involving structural damage, time is of the essence, both to prevent the aggravation of damages and to crystallize evidence before further works erase the state of the premises. The instrument of Preventive Technical Assessment is often used, an urgent procedure that allows for the appointment of a court-appointed expert to immediately verify the causes of the settlement and impartially quantify the damages. This expert report is of fundamental importance in any subsequent legal proceedings, providing a solid basis for the economic claim against the builder, the client, or the professionals involved in the construction site.
The Approach of the Bianucci Law Firm
Dealing with litigation for structural damages requires not only legal expertise but also the ability to communicate effectively with engineers, geologists, and technical consultants. The approach of Avv. Marco Bianucci, an experienced lawyer specializing in damages compensation in Milan, focuses precisely on this close synergy between law and technology. The Bianucci Law Firm analyzes each case starting with an in-depth study of the design documentation and the state of the premises, in order to identify the specific responsibilities of all parties involved in the neighboring construction site. The primary objective is always to seek, where possible, an out-of-court settlement that guarantees fair compensation within a reasonable timeframe, reducing the uncertainties of litigation, without however hesitating to pursue legal action if the opposing parties prove reluctant to assume their responsibilities.
Frequently Asked Questions
What should I do as soon as I notice cracks due to my neighbor's work?
The first crucial action is to photographically document the state of the premises and immediately send a formal notice by registered mail or certified email to the neighboring owner and the executing company, demanding verification and possible suspension of the works. Subsequently, it is crucial to contact a trusted lawyer and technician to assess the advisability of requesting an urgent technical assessment, in order to document the situation before it undergoes further and irreparable changes.
Who is responsible for the damages: the neighbor, the company, or the designer?
Liability can be joint and involve various parties, depending on the specific dynamics of the construction site. The client commissioning the works is generally responsible for damages caused to third parties. However, the contracting company is liable for defects in execution or lack of skill, while the designer or site supervisor may be held liable for errors in geological or structural calculations. The complex technical and legal investigation will clarify the respective degrees of fault.
How long do I have to claim compensation for damage to my property?
The right to compensation for damages arising from an unlawful act is subject to a statute of limitations of five years from the date on which the act occurred or, according to case law, from the moment the injured party had full and objective awareness of the damage and its causal link to the excavation works. However, it is highly recommended to act as soon as possible, as the passage of months or years makes it much more difficult to technically prove the causal link between the work and the foundation settlement.
Entrust the Protection of Your Property to Expert Professionals
Suffering damage to your home or commercial property generates uncertainty and requires firm and qualified responses to restore safety and value to the asset. If your building has sustained structural damage as a result of excavations or construction work on neighboring properties, it is essential to act quickly and strategically to avoid losing evidence. Contact Avv. Marco Bianucci for a careful and thorough assessment of your case. The Bianucci Law Firm, located in Milan at Via Alberto da Giussano, 26, is ready to listen to your problem and outline the most appropriate legal path to protect your real estate assets.