In general, applicants can wait a disproportionately long time for response to a building inspection initiative to introduce an inspection. The latter also applies to cases of damage to buildings that occur due to inadequate renovation or construction of a facility in the immediate vicinity.
In cases such as those described above, the building inspector initiates an inspection procedure on suspicion that the building directly endangers human health and life due to injuries. It should be noted that the applicant in the inspection procedure cannot assert a claim for damages, which would claim compensation for damage caused to him as a result of improperly performed work on the neighbouring building, or compensation for any non-pecuniary damage caused to him as a result of an interference with his constitutionally protected rights. Furthermore, the subject of the inspection procedure cannot be the assertion of the inferiority of the property due to the execution of construction works on a nearby construction site.
If the building inspector finds that the building is dangerous, ie. that it directly endangers human health and life, property of greater value, traffic or neighbouring buildings, he will prohibit its owner from using the building and order that the facility is adequately insured at owner’s expense within a certain period of time or that maintenance work is carried out on the building or part of the building that is dangerous within the specified period. The building inspector will also take action if he finds that the construction is not carried out in accordance with the final building permit or that it is not in accordance with the law and other regulations.
If the owner of the damaged building believes that the damage to the building (for example cracks) occurred due to the implementation of construction work on a nearby building or. construction site, he may claim damages from the participants in the construction in a court proceeding.
If you notice damage on your own building, it makes sense to seek the help of an expert who would examine the damage, take appropriate measurements, and assess whether the damage may have occurred due to construction or works on a nearby building or construction site. Such findings may be useful in the eventual subsequent assertion of damage claims against participants in the construction.
