Proving Damage in a Condominium: Burden and Compensation

In a condominium whoever claims compensation must prove the damage, its extent and its connection with the cause that produced it. Article 2697 of the Italian Civil Code establishes this: whoever wishes to assert a right in court must prove the facts on which it is founded. It is therefore not enough to complain of a stain or a leak: you must show that the damage exists, how much it is worth and where it comes from, otherwise the claim is rejected.

Who bears the burden of proof

The general rule places the burden on the injured party, who must prove the facts constituting their claim. In damage from an item in custody, however, Article 2051 eases the injured party's position: they only need to prove the causal link between the item and the damage, while the custodian must prove a fortuitous event. Proof of the existence and extent of the harm suffered still rests on whoever claims compensation.

This distribution of the burden explains why prompt documentation is decisive. Damage not documented when it appears becomes hard to prove months later, when the traces have faded or the repairs have already been carried out.

The causal link

The causal link is the connection between the source and the damage. Proving it means showing that the damage derives precisely from that cause and not from others. In a leak, for example, it is not enough to note the dampness: you must identify the point where the water enters and connect it to the common part or the private property responsible. This is where the technical report becomes the central tool.

The means of proof

Proof is built with concrete, verifiable elements. The more orderly and dated the documentation, the stronger the claim before the counterparty, the insurer or the judge.

• Dated photographs and videos of the damage as it evolves
• A technician's report establishing cause and origin
• Repair estimates and invoices to quantify the damage
• Testimony of those who witnessed the event
• Records and written communications exchanged between the parties
• Documentation of the reports made to the manager

The expert report and technical consultancy

When the cause is not obvious or the counterparty disputes it, a technical assessment is needed. The parties can appoint a trusted technician or resort to the preventive technical consultancy provided by Article 696-bis of the Italian Code of Civil Procedure, a tool that lets a court-appointed consultant establish the causes and extent of the damage before and regardless of the merits case, often fostering settlement.

The expert report does not only serve to win a case: in most cases it serves to convince the insurer or the counterparty to reimburse without reaching a judge. A clear technical assessment shortens times and cuts costs.

Quantifying the damage

Proving that the damage exists is not enough: it must also be quantified. Quantification rests on the actual repair costs, documented by estimates and invoices, and on any further damage, such as the loss of use of the property. Undocumented or inflated amounts weaken the claim and can reduce the compensation awarded.

Keeping proof in order

The difference between compensation obtained and one denied often lies in the quality of the documentation kept. With AmministraPro the manager stores in one place the reports, photos, expert reports and communications linked to each claim and each unit, with certain dates and full history. So, if damage must be proven, the evidence is already ready and ordered. The features are described on the /funzioni page and the plans on the /prezzi page.