Flooding of residential and commercial premises is a common problem, especially frequently encountered by property owners in multi-unit buildings. Independent inspections are arranged to identify the actual causes of such incidents and determine the amount of damages. These inspections are carried out by qualified independent experts. Below is an explanation of how this procedure legally differs from damage assessment and how it helps recover losses.
What It Is
An independent apartment inspection after flooding is conducted to establish the causes and responsible parties of the incident, whereas damage assessment aims to determine the amount needed to repair the damage. Experts establish cause-and-effect relationships, answer relevant questions, and substantiate the reasons that led to the flooding. An independent damage assessment enables calculation of repair costs and determination of the claim amount required to restore the apartment. Such assessments are performed by certified appraisers holding relevant professional education, having passed qualification exams, possessing a valid certification, and being members of a self-regulatory organization of appraisers (SRO). Appraisers take exams in the following fields:
- real estate;
- movable property;
- business.
Thus, they may perform assessments only in fields where their qualification is confirmed—for example, only a specialist qualified in real estate and movable property may assess damage from apartment flooding.
Purpose of Inspection in Case of Apartment Flooding
By law, this procedure is a judicial measure appointed by the court, which also approves the executor—an expert commission that prepares a conclusion. This document serves as key evidence in court.
An independent inspection may also be commissioned privately by the property owner or the potential party responsible for the flooding. Legally, such a procedure cannot be considered an “expert conclusion,” so it is more commonly referred to as an independent investigation.
Inspection is carried out:
- When the cause of flooding is unknown or unclear.
- When it is necessary to identify the responsible party or apportion liability among multiple parties with specified degrees of fault.
- If the party named as responsible in the report drawn up by the property management company refuses to admit fault.
- If the affected party disagrees with the stated cause of flooding in the report.
- When the property management company is at fault (e.g., due to untimely repairs, damage to common engineering systems, or employee negligence).
- In cases of flooding resulting from firefighting efforts.
- In other disputed situations (e.g., radiator bursts, flooding from the attic, or electrical system flooding).
Conducting a pre-trial inspection in these and similar cases helps correctly identify the defendant when filing a lawsuit.
Types of Inspections in Case of Flooding
Construction and technical investigation to determine the causes of flooding is the most common procedure, enabling identification of causes, assessment of flood-related damage, and answers to key questions:
- What amount is required for apartment repairs and materials.
- Whether any measures were taken to preserve damaged property (floors, furniture, clothing, carpets, textiles).
- What defects the residential premises sustained.
- What caused the flooding.
- Whether the building’s engineering systems were at fault, and if so, which specific components.
- What the cost of restoring electrical supply will be.
- Why a threaded faucet connection failed.
An inspection is also arranged when the damage amount and restoration costs cannot be determined by other means—particularly in cases involving hidden or delayed damage from leaks, such as mold. In such instances, a mycological investigation is conducted, addressing the following questions:
- Extent of fungal infestation, including its area and depth.
- What triggered its appearance.
- Whether airborne mold spore concentration complies with sanitary standards.
- How to eliminate these consequences.
- Courts typically order mycological inspections, though in some cases it is more prudent to conduct one independently.
Assessment inspections are performed to challenge repair cost estimates when one party disputes the claimed amount. Such an inspection may be commissioned independently, with a request to include its findings in the case file. The court ultimately decides who is at fault and who is right in any given situation. For the expert’s conclusion to be accepted as evidence, it must be properly prepared—requiring experience and expertise, so engaging qualified specialists is essential.
How the Inspection Is Conducted
You select a company to perform the inspection, sign a contract, and provide a list of questions.
Experts work strictly within the scope of tasks defined by the client—this is a mandatory condition. They do not offer comments, recommendations, or personal opinions on what to focus on; they investigate only the specific queries provided. Therefore, it is advisable to engage companies employing experts who can properly formulate investigative questions. This is crucial for obtaining court-admissible evidence. Poorly worded questions waste money, as the court will not extract useful information from them. For flooding-related cases, it is best to consult appropriately qualified experts, as such matters are typically highly complex.
You prepare a document package for the expert commission according to a list compiled by a lawyer. This may include the property’s technical passport, ownership certificate, flooding reports, and documents detailing repair costs and materials used to restore damaged property.
The expert arrives for the apartment inspection on an agreed date. All interested parties must participate in the inspection, including neighbors responsible for the flooding, property management representatives, and owners of the unit where the flooding originated. They must be notified of the inspection no later than three days in advance, officially—via registered mail with delivery confirmation or another legally permissible method.
Experts inspect the flooded apartment and damaged property using specialized technical equipment. If necessary, and with the property management company’s assistance, they may also inspect the basement or attic.
Based on the findings, the specialist prepares a conclusion. This is a formal document requiring strict compliance with procedural rules, so its preparation typically takes several days. Only a properly prepared conclusion carries the highest evidentiary weight in court.
Inspection costs depend on case complexity, the number of questions to be addressed, and the flooding’s scale. It is always advantageous for the flood victim to commission the inspection, as it can precisely identify the responsible party in disputed or unclear circumstances and clarify the exact cause of the flooding.
Once the responsible party is identified, a lawsuit may be filed. In this case, the burden of proving innocence shifts to the defendant. Court involvement usually means the defendant refuses voluntary compensation. The defendant must then formally challenge the inspection findings and request an additional investigation—at their own expense. It is important to remember that an independent investigation is always less costly than a court-ordered expert examination. In some cases, it may also benefit the defendant to prove their lack of fault. After the court ruling, the cost of the inspection is recoverable from the liable party.
Detailed consultation on post-flooding apartment inspection is available at our company. We have provided inspection services since 2009, possess extensive practical experience, and employ modern automation tools to ensure accurate and transparent inspection results. We guarantee precision and prompt execution, organize apartment inspections on short notice, and provide a comprehensive report with an expert conclusion to clarify your case. Further information about the service is available from our consultants.
