Assessment of damage caused by accidents, floods and natural disasters

Technical inspections of buildings and structures

Determining the order of use of living space

Examination of the construction project

Compliance of the performed works with the construction project and regulatory-technical documents

Examination of estimate documentation

In modern practice, real estate can be damaged or destroyed under the influence of various factors, but there are two most common - it's flooding and thermal exposure (fire). This is especially true of apartments and premises, in high-rise buildings and property complexes. This is facilitated by many circumstances: neighbors, poor performance of their duties by housing and maintenance services, faulty ventilation and electrical wiring, and so on. Disputes over compensation for such damage are not uncommon, so there is a certain algorithm for assessing its consequences.

Ukrainian law enshrines the right of the victim to claim compensation for damage to his property. Compensation is paid regardless of whether the damage was intentional or negligent. Compensation for damages in court is possible only after documentary confirmation of the fact of damage (act of flooding or fire) and determining the amount of damage by conducting an expert assessment.

Damage assessment gives you the right to claim monetary damages, the opportunity to file a lawsuit, avoid underestimation of the damage, and is an effective tool for resolving disputes in your favor.

Estimation of losses at flooding of the apartment and other real estate

Flooding- is the most common case of material damage to real estate. Floods are often caused by faulty water mains (can be considered an insured event) or negligence of neighbors.

Along with identifying the culprits of the flood, who must compensate for the material damage, it is necessary to determine the exact amount of compensation that would cover all potential costs for repairs and replacement of damaged items.

An assessment may be required to settle disputes prior to litigation, and is necessary when considering a case in court. The perpetrator of the flood must understand that in the case of recourse to the court, in the end, in addition to the amount of compensation for the damage, he will have to pay all court costs and services of the appraiser.

Assessment of flood damage is assigned in the following cases:

• Residential or commercial real estate was flooded by neighbors or legal entities located upstairs.
• The roof leaked, the pipeline broke or the wall was leaky.
• You are the culprit of the flood, but the injured party demands from you significantly overstated amounts to compensate for damages.
• Counter-examination is required to defend your position in court.

Procedure for flooding the apartment:

1. First of all, you need to turn off the electricity in the room.
2. Find out the cause of the flood and eliminate it. You need to contact your neighbors and tell them about the situation. They may not be related to flooding, and its cause is the breakdown of utilities.
3. Take photos and videos of flooding results.
4. Call the public or private emergency service - Housing and maintenance office (ZHeK), Management companies, Association of co-owners of an apartment building (condominiums) etc.
5. Draw up an act of flooding.
6. Apply to the perpetrator for compensation. If he refuses to pay damages, you need to hire a lawyer and prepare a complaint to the court.
7. Call an independent appraiser to determine the amount of damages and obtain an expert opinion that has sufficient legal weight to confirm your claims in court.

Drawing up of the act on flooding of the room:

When filling out the act on the causes and consequences of flooding, the fact of damage to the premises (residential or commercial real estate) is recorded. The act must be drawn up even if the employees of the housing maintenance organization offer to limit themselves to an inspection of the premises, or the perpetrator does not refuse to reimburse the damage. After some time, the situation may change, and without the act you will not be able to prove something or file a lawsuit. The act is drawn up immediately after the flooding of housing, but it should be borne in mind that all the consequences may appear in a few days.

The form of the act is allowed arbitrarily, but the following information must be provided:

• place and time of the event;

• surname and positions of those present.

• description of damage to housing and property;

• probable causes of flooding.

The act of flooding the premises (in 3 copies) is signed by all participants in the procedure and certified by the seal of the maintenance service. The injured party is given one copy, the other - the perpetrator of the flood, another remains in the housing organization. In case of denial of the guilty of the involvement or refusal to put the signature, it is necessary to specify it at the bottom of the act, above signatures of other persons.

If after a while new damages appear, the call of the operating company is carried out again with drawing up of the additional act.

Sample flood report

What determines the amount of damage during flooding:

When conducting an assessment, the expert must take into account all the factors that affect the amount of damage. Estimation of the losses caused to real estate owing to flooding makes the sum of the caused damage taking into account:

• flooded area;
• the period that has elapsed since the last repair ("lifetime" of the repair);
• cost and quality of finishing materials of flooded housing;
• the current cost of construction materials and repairs.

Documents required to assess damage after flooding:

• Legal documents for real estate.
• Technical passport of real estate.
• Act of flooding.
• Receipts, checks, purchase agreements for damaged items (if available).
• Copies of passports and Taxpayer Identification Numbers (TIN) for natural persons-owners of property.

Assessment of damage to the apartment and other real estate after the fire

A fire is an uncontrolled burning of fire that spreads in space and threatens human life and health, causing significant material damage. Fire can often be caused by damaged communications or criminal negligence.

An expert assessment of fire damage is required to determine the amount of damage caused to real estate and property located in it. The source of compensation for the damage may be the perpetrator of the fire (individual or legal entity), or an insurance company. If the damage is caused to commercial real estate, the expert also establishes the amount of lost profits, which is caused by the inability to operate a commercial building, production premises, damage to the consignment.

Depending on the cause of the fire, there are the following purposes of the assessment:

• for lawsuits (to prove arson, criminal negligence, etc.);
• to cover losses to insurance companies, etc.

Therefore, the insurance company or the established culprit (individual or legal entity) must compensate the losses under these conditions.

Western-Ukrainian Expert-Advisory Center conducts the following types of evaluation work:

• Assessment of damage after a fire in the apartment;
• Assessment of losses after a fire in a residential building;
• Assessment of losses after a fire in commercial real estate.

Documents required to assess the damage after the fire:

• Real estate document certifying the right of ownership / use.
• Technical passport for real estate.
• Housing and maintenance office (ZHeK) act / defective statement from the maintenance service.
• Documents about the fire, drawn up by the fire service.
• Passport and identification code for individuals - property owners.
• Constituent documents for legal entities - property owners.

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