Flooded flat: report, assessment and claim — a step-by-step procedure

You come home to find water on the floor, wet walls and ruined furniture. This is a flooded flat — one of the most unpleasant household emergencies. In the first minutes it is easy to panic: you want to clean everything up quickly, call a plumber and forget it like a bad dream. But it is precisely in those minutes that it is decided whether you will later be able to prove the damage and recover it from the person at fault.

Mistakes at the outset — incorrect recording of the damage, no witnesses, discarded damaged items — lead to the court dismissing the claim or reducing the amount. This article will help you go from the flood to receiving compensation: what to do immediately, how to draw up the report, where to order an assessment, how to draft a pre-trial claim and when to consult a lawyer.

What to do immediately after a flooded flat: first steps before calling in specialists

A flooded flat is usually discovered in the morning or late in the evening: water on the floor, wet ceilings and walls. The first thing to do is shut off the water: the tap at the inlet to the flat, the valve on the riser or in the basement. If water is pouring from the floor above, go up to your neighbours and ask them to shut off their water. At the same time, call the emergency service — its number is on your utility bill or on the notice board in the entrance hall.

While the emergency team is on its way, record the damage: photograph and video the wet areas, bulging, stains, damaged furniture and appliances. Notify the management company — call a representative to inspect. Tell the neighbour from whose flat the flood came: keep a calm tone, but insist on a joint inspection.

• Shut off the water at the inlet or riser
• Call the emergency service
• Photograph and video the damage
• Call the management company
• Tell the neighbour whose flat is leaking

Report on flooding of a flat: who draws it up, when and what it records

The report on flooding of a flat is drawn up by a commission which you are entitled to assemble immediately after discovering the damage. It includes a representative of the KSK, OSI or management company servicing your building, as well as the owner of the flat from which the flood came. The person at fault must be invited: if they refuse or do not open the door, this is recorded directly in the document, and the report itself is drawn up without them.

The report states the date and time of drawing up, the addresses of both flats, a description of the cause of the flood and a list of damage for each room: ceiling, walls, floor, windows, furniture and appliances. The records are confirmed by the signatures of all those present, and if the person at fault disagrees, a note to that effect is placed next to their signature. Without the report, further steps make no sense: it is precisely what confirms the fact of the flood and its cause, on which the assessment of damage, the claim and the court depend.

Make sure the document contains no vague wording and includes:

• full addresses and details of the owners
• date, time and place of drawing up
• description of the cause of the flood
• a detailed list of damage
• signatures of the commission members and the person at fault

Assessment of damage in a flat flood: independent expert examination and calculation

Once the report on flooding of a flat is signed, the amount of damage is not yet determined. An independent assessment is needed to record the actual extent of the harm: without it, the person at fault relies on their own calculations, which are often understated. The expert assessor inspects the premises, measures the damage, checks the receipts and draws up a report which becomes the main evidence in negotiations and in court.

Prepare for the expert the flood report, the title documents for the flat, and receipts and invoices for the damaged property. If the assessment by the person at fault is below market value, it can be challenged through a repeat independent expert examination or a forensic construction and technical expert examination. The table shows what each assessment confirms.

The valuer's report must be reasoned: with calculations, a photo table and a statement of the methodology.

Pre-trial claim for a flooded apartment: how to draft and deliver it

A pre-trial claim for a flooded apartment is a written demand for compensation of damage to the person who caused it: the owner or tenant of the upstairs apartment, or, where the flooding comes from the common building networks, the management company or the KSK. State your details and the address of the affected apartment, describe the circumstances of the flooding with reference to the report and the valuation report, attach their copies and a calculation of the amount of damage, including the value of damaged property and the cost of the examination.

The claim is delivered in person against a signature on the second copy, by registered letter with acknowledgement of receipt and an inventory of the contents, or by courier with proof of delivery. There is no statutory deadline for a reply, but it is reasonable to state ten to fifteen calendar days from receipt. If there is no reply or the amount is unsatisfactory, this does not prevent going to court. To ensure the claim does not lose its force, follow this procedure:

• Draft the claim in two copies and keep one for yourself with a note of delivery.
• Attach copies of the flooding report, the valuation report and receipts for repairs.
• Send the letter with acknowledgement of receipt and an inventory if personal delivery is not possible.
• Keep the postal receipt and the inventory — this is proof of sending.
• Record the date the claim was received by the addressee to count the waiting period.

When you need a lawyer's consultation on a flooded apartment and how it helps

A lawyer's consultation on a flooded apartment is needed if the neighbour does not admit fault, understates the damage, or the dispute concerns the cause of the leak and the defendant.

The lawyer checks the report and the valuation, identifies the defendant, prepares the claim and the statement of claim, and conducts the case in court.

A lawyer also helps when the management company delays issuing documents.

• The neighbour does not admit fault and refuses to sign the report
• The management company does not draw up a report or conceals the cause
• The culprit disputes the assessment of damage
• Dispute over the cause of the flooding: common-area network or apartment
• The culprit does not compensate the damage voluntarily

The scope of assistance depends on the specific situation and the complexity of the dispute.

Collecting evidence in case of flooding of an apartment: photos, witnesses, receipts

In court it is not emotions that decide, but documents: the judge looks at what has been recorded in writing, captured on camera and confirmed by third parties. Take photographs and videos before cleaning up and before the repair crew arrives — a panorama of the room, a close-up of every stain on the ceiling, warped laminate, wet walls, flaking plaster, as well as the leak point at the neighbour's upstairs. The flooding report drawn up with the participation of a representative of the KSK or the management company is the basic document, but it alone is not enough: it confirms the fact, not the amount of damage.

The extent of the damage is proved by an independent valuer's report, while repair costs are proved by receipts and works contracts. Neighbours' testimony also works as evidence if they witnessed the flood and are willing to confirm in court when the flood occurred and what exactly was damaged. Collect everything that confirms your expenses and the consequences:

Photos and video before you start cleaning and repairs — with the date of filming.

A report on the flooding of the flat, signed by a representative of the KSK or the management company.

An independent valuer's report on the cost of remedial repairs.

Receipts, payment slips and contracts for repair works, materials, and temporary accommodation.

Written statements from neighbours who saw the flood or its consequences.

Flooding of a flat: court or settlement agreement — which to choose

Before going to court, it makes sense to offer the person responsible for the flood an amicable settlement: the parties often agree on the amount and payment schedule and sign a written agreement on compensation for damage. This route is faster and cheaper, but it only works if the neighbour is willing to pay and you are confident in your evidence.

If the person responsible does not admit fault, understates the damage or refuses to sign an agreement, court is the only option — there the amount of compensation will be determined by a forensic examination, and the decision can be enforced through a private or state court enforcement officer. The main thing is to weigh up whether you have the report, the valuation and the evidence to stand up your claims.

• A settlement with the person responsible is worthwhile when you have a report, a valuation and confirmed receipts
• Court is necessary if the neighbour disputes fault or the amount of damage
• Before going to court, assess whether the damage can realistically be recovered: the person responsible must have property or income
• Sign the agreement only after consulting a lawyer on flooding of a flat

The main rule when a flat is flooded: first record the damage and collect evidence, and only then start repairs and throw away damaged property. Without evidence, recovering damages is almost impossible.