From the series Living, Land & Law: Fortnight Insights – Article 6
What can be done if my neighbour accidentally damages my property but refuses to cover the repair costs?
Article 1031 of the Civil Code sets out the general presumption that every person is to be liable for the damage which occurs through his own fault. This liability arises when a person fails to act with the level of prudence, diligence and attention expected of a bonus paterfamilias, which is the standard of care generally expected in similar situations.
In Article 1041 of the Civil Code, the law also establishes the liability of the owner of a building. In terms of this article, the owner of a building is liable for any damage which is caused either by its fall, if such fall is owing to the need of repairs or because of a defect in its construction, but this is so long as the owner was aware of the defect, or else had reasonable ground to believe that it existed.
Beyond situations where the damage has already occurred, the law, interestingly, also envisages the possibility where damage is feared, in Article 538(1) of the Civil Code. In terms of this article if a person has reason to apprehend that in consequence of any new work undertaken by another person, damage can ensue to an immovable thing owned by the former, then, he may institute an action demanding that such latter party be restrained from the continuation of work, as long as the work or construction has not been completed, and that one year should not have elapsed from the commencement thereof.
From these legal provisions it can be concluded that if one’s neighbour refuses to cover repair costs after causing damage, one may bring an action in court, seeking compensation. The court would be directed to assess and fix the amount of damages payable by the neighbouring property owner and establish an order that obliges the neighbour to cover the repair costs, if found liable. If the damage has occurred through construction work, one may also rely on the Avoidance of Damage to Third Party Property Regulations, Subsidiary Legislation 623.06, which requires developers to carry insurance, and may also offer a basis for claiming compensation.
Our team of property law experts at Sciberras Advocates in Malta is here to assist with any property issues you may encounter. Feel free to reach out to us at [email protected] for professional support.
Este artigo destina-se apenas a fins informativos e não deve ser interpretado como aconselhamento jurídico.
Artigo e pesquisa realizados por Sra. Caitlin Turner, atualmente a frequentar a licenciatura em Direito (com honras) na Universidade de Malta.
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