In Palencia, in flats from the 1960s and 70s, old houses and ground floors, damp stains on walls and ceilings are very common. The hard part is not seeing them, but proving where they come from. And that decides who pays for the repair: you, your neighbour, the community of owners or the builder.
Three types of damp, three different parties liable
- Water ingress: water gets in from outside or from another property (a badly waterproofed terrace, a roof, a pipe in the flat above, a shared downpipe). The neighbour or the community is usually liable, depending on where it starts.
- Rising damp: water rises from the ground through the walls. It is typical of ground floors and old houses. If the building is new or recently renovated, it may be a construction defect.
- Condensation: water vapour from inside the home condenses on cold surfaces. Sometimes it comes from how the home is used, but sometimes from poor insulation or badly designed ventilation, and that can be claimed from the builder or developer.
Each type leaves a different trace: where the stain appears, at what height, at what time of year and how it develops. Reading that trace is the basis of any claim.
Who is liable in each case
- Your neighbour, if the water comes from their home (a leak, or a terrace or bathroom in poor condition).
- The community of owners, if it starts in a common element: the roof, the façade, the downpipes or terraces that act as a roof.
- The builder or developer, if the home is new or recently renovated. Spanish building law (LOE) gives three years for defects that affect habitability, and damp usually falls there.
What to do from day one
- Photograph and date the stains, and repeat the photos every few weeks to see how they develop.
- Give written notice to your neighbour, the property administrator or the builder. An email or a burofax records when you reported it.
- Report it to your home insurance if it covers water damage.
- Do not repair before the cause is documented. If you paint over or cover the area, you erase the evidence.
Why an expert report
In court it is not enough to say the stain comes from upstairs. You have to prove it. The expert report identifies the type of damp and its source, points to who is liable and values the cost of repair. With it you can negotiate with your neighbour or the community and, if there is no agreement, take the claim to court. If there is a lawsuit, we defend the report before the judge at the ratification hearing.
Damp experts across the province of Palencia
We work in Palencia and in towns such as Villamuriel de Cerrato, Venta de Baños or Aguilar de Campoo. We inspect flats, houses and premises wherever they are, and we study the photos and documents first so as not to waste your time. If there is a lawsuit, the report is filed with the courts of Palencia or of the relevant judicial district.
How we work
Send us the photos, the address and what you know about the problem by email or WhatsApp. We review it and send you a fixed, no-obligation quote, replying the same day. If needed, we inspect the property in Palencia or anywhere else in the province.
More information on our architect expert page.
