Damage from a neighbour's building work: who is responsible?
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Detailed explanation, checklist and sources
Report new cracks, subsidence or leaks promptly and record the condition. A neighbour or contractor is not automatically liable: causation, unlawfulness and each party's role must be assessed under Dutch law.
On this page
1. What comes first?
Make the situation safe and reasonably limit further damage. Notify the neighbour, contractor and insurer; tenants should also notify their landlord. Record discovery, work and contacts. Necessary emergency measures need not await a final liability decision.
2. What evidence is useful?
Take dated photos and retain older images, estimates and correspondence. A pre-work condition survey helps comparison but guarantees no compensation. Other evidence may work without a survey. Preserve damaged parts where safe.
3. Whom do I hold liable?
Identify the client and contractor. Have liability assessed for attributable wrongful conduct or another legal basis; a private neighbour is not automatically liable for every independent contractor's mistake. Send a specific claim to the potentially responsible party and inform the neighbour. Planning permission does not exclude liability.
4. What can an expert do?
A building or loss expert can assess cause, extent and repairs. Agree scope, independence and access beforehand. A second opinion may help disagreement; allow the other side to inspect and avoid basing conclusions solely on suspicion.
5. Who pays investigation and repair?
Before commissioning experts, check who pays and what insurance covers. Recovery of investigation costs depends on liability and reasonableness, not every invoice. Substantiate repairs, consequential loss and mitigation. Avoid full-and-final settlement while material damage remains uncertain.
6. What if we disagree?
Request a written response, consider voluntary mediation and obtain advice on evidence, limitation, proceedings and costs. Urgent danger may need urgent assistance. Noise, planning challenges and temporary land access are separate matters; a damages claim does not automatically stop work.
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Check facts and recipient. The requested response date is not automatically a statutory deadline; keep proof of sending.
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No initial survey means no compensation?
Not necessarily. Earlier photos, witnesses and expert analysis may also help. Damage and the connection to works need proof; lack of an initial survey does not automatically decide the case.
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BW 6 · schade en aansprakelijkheid ↗Juridisch Loket · Bouwschade buren ↗Sources may be in Dutch. General information about Dutch law, not individual legal advice.
