Water leak between neighbours: how the claim works

Key rules

• Both insurers: The simplified insurer-to-insurer process applies only if both insurers have joined the water-damage agreement.
• Neighbour won't sign: Tell your own insurer anyway; a missing signature does not stop you reporting the damage.
• Claim limit: Above the agreement's maximum per claim, ordinary liability rules apply instead.
• Leak search: Finding the leak is usually covered only when covered damage results, and fixing the pipe itself is often excluded.

The short version

Water damage between flats usually runs through a standard form, the parte amistoso, and an agreement between insurers. Your own insurer often handles the claim and pays you, so you do not have to argue with your neighbour. That only works if the conditions below are met. Otherwise ordinary liability rules apply.

When the insurer agreement applies

The agreement covers accidental water damage between different homes, or between a home and a common element such as a shared pipe. It applies only if:

• both your insurer and your neighbour's insurer have joined it;
• the damage was accidental;
• the amount is within the agreement's maximum per claim.

Above that maximum, the claim goes under ordinary liability rules. The limit is revised from time to time and some versions set separate amounts for the building, the contents and common areas. Ask your insurer for the current figure and which version of the agreement is in force.

Within the agreement, your insurer deals with the claim and pays you. It then recovers the cost from the other insurer. Sometimes the insurer of the home where the leak started takes the lead instead.

The parte amistoso

The parte amistoso de daños por agua records the facts of the leak. The owner or occupier of each home signs it. If a common element is involved, the community administrator may sign too.

It asks for:

• the identity and address of both parties;
• both insurers and policy numbers;
• the date of the loss;
• the origin and cause of the leak;
• a description of the damage.

Each side sends its copy to its own insurer. The insurer opens the claim and appoints an expert. It then settles with the other insurer if the agreement applies. If your neighbour will not sign, still tell your insurer straight away.

Who pays to find the leak

Most home policies pay for finding the leak and for the access work, such as breaking tiles or walls. They usually pay only when there is covered damage as a result. Many exclude repairing the faulty pipe itself. Some policies cap leak search at a sub-limit. Insurers often send their own plumber first, so call them before hiring one yourself. If the leak is in a common element, the cost may fall to the community's policy.

If your neighbour is uninsured or will not cooperate

Work through these steps in order:

1. Report the damage to your own insurer. It pays under your water-damage cover and may then recover the cost from the neighbour.
2. If the leak comes from a common element, tell the community administrator.
3. Send the neighbour a formal written demand, usually by burofax. Describe the damage and ask for repair and compensation.
4. If that fails, bring a civil claim for damages. Since April 2025, most civil claims require a prior attempt at out-of-court settlement. A lawyer is required above a set claim amount.

Check whether your legal-protection cover pays for a lawyer. The options and the questions to ask your insurer are in the sections below.

Choosing between options

How do you recover the cost when the neighbour causing the leak is uninsured or uncooperative?

• Go through the community: Use this when the leak comes from a common element: notify the community administrator and the community's policy.

• Send a formal written demand: Use this when you want the neighbour to repair and compensate: send a burofax describing the damage.

• Bring a civil claim for damages: Use this when the demand fails: you must first try an out-of-court settlement, and a lawyer is required above a set claim amount.

Start with your own insurer. Move to the next option only if the earlier one does not solve the problem.

Documents you need

• Parte amistoso de daños por agua: a standard form that records the facts of the leak. It is completed and signed by the owner or occupier of the damaged home and by the owner or occupier of the home where the leak started. Where common elements are involved, the administrator may sign. Each party sends its copy to its own insurer.

Checklist

• Ask your insurer whether it and your neighbour's insurer have both joined the water-damage convention.

• Ask your insurer for the current maximum claim amount under the convention, because above it ordinary liability rules apply.

• Ask your insurer whether it will handle the claim directly and pay you, so you do not have to pursue the neighbour.

• Notify the community administrator if the leak comes from a common element, such as a shared pipe.

• Check whether your legal-protection cover pays for a lawyer if you need to claim against an uninsured neighbour.

Frequently asked questions

Who pays for finding where a water leak comes from?

Your home insurer usually pays for finding the leak and for breaking tiles or walls to reach it, but only when there is covered damage as a result. Many policies do not pay to repair the faulty pipe itself, and some cap the search cost. If the leak is in a common element, the community policy may pay.

Does the water convention apply if my neighbour's insurer has not joined it?

No, the convention only applies when both insurers have joined it, the damage is accidental water damage and the amount is within the limits. Otherwise ordinary liability rules apply, so your insurer may need to recover the cost from your neighbour or their insurer.

What if my neighbour will not sign the parte amistoso?

You should still report the damage to your own insurer, which can open the claim without the neighbour's signature. If the leak comes from a common element, the community administrator may sign instead.

What can I do if my neighbour has no insurance and ignores the damage?

Your own insurer can pay under your water-damage cover and then try to recover the cost from the neighbour. If you still want compensation, send a formal written demand by burofax. Since April 2025 you must try an out-of-court settlement before most civil claims, and a lawyer is required above a set claim amount.