Who is liable for flood damages? Civil and state responsibility
After devastating weather systems, the most frequent question from homeowners is: Who pays for my damages? The legal answer depends on the origin of the flood and whether there was negligence or lack of service by private parties or the State.
1. Liability of the Builder or Real Estate Developer
If your home is new and flooded due to design problems, defective drainage, or roof leaks, the General Law of Urban Planning and Construction (LGUC) applies. Real estate developers and builders have legal warranty periods (3 years for installation failures, 5 years for construction failures, and 10 years for structural failures). In these cases, a civil lawsuit must be filed to demand compensation for damages.
2. Liability of Municipalities or the MOP
If the flood occurred due to lack of maintenance of rainwater drains, canals, or collectors that are publicly administered, you can sue the Treasury (Ministry of Public Works) or the respective Municipality for lack of service. The State has a legal duty to keep rainwater evacuation routes clear and functioning. If it failed to do so and caused damage, it must compensate the affected neighbors.
3. Water coming from neighboring properties
The Water Code is clear: lower properties are subject to receiving water descending from upper properties naturally and without human intervention. However, if a neighbor built a wall, diverted a canal, or paved without leaving drainage, artificially directing water towards your property, they are fully responsible and must compensate for the damages caused, in addition to being obliged to destroy the irregular works. For an in-depth analysis on this matter, read our article on rainwater disputes between neighbors.
4. What to do immediately?
It is imperative to document the events (with the Police or a notary public, if possible), take photographic records, keep emergency repair receipts, and above all, do not sign settlements with insurance companies or real estate developers without the advice of an expert civil litigation attorney.