Can I sue my neighbour in Spain for repeated water leaks after they refuse repairs?

Yes. Under Spanish law, situations like the one you describe are relatively common in apartment buildings and there are clear legal mechanisms to address them.

In principle, the owner of the property that causes the leak is responsible for the damages produced to neighbouring properties. This responsibility arises mainly from article 1902 of the Spanish Civil Code, which establishes liability for damages caused by action or negligence, and from the general duty of property owners to maintain their installations so that they do not harm third parties.

However, before filing a lawsuit it is important to determine the exact origin of the leak, because liability may fall on different parties depending on the circumstances:

• If the leak comes from private installations inside your neighbour’s apartment (pipes, bathroom fittings, appliances, etc.), the neighbour is usually responsible.


• If the leak originates from common elements of the building (main pipes, structural elements, communal installations), the community of owners may be responsible instead.

For this reason, the first step is normally to obtain technical evidence identifying the source of the leak.

Evidence that is typically useful in these cases includes:

1. Photographs and videos showing the damage and the repeated leaks.


2. Reports from an insurance company or plumber confirming where the water is coming from.


3. Repair estimates or invoices for the damage caused to the ceiling, paint, furniture, etc.


4. Written communications with the neighbour or the community administrator requesting repairs.


5. If the situation persists, sometimes a technical expert report is advisable before starting legal proceedings.

If the neighbour refuses to repair the problem after being formally notified, you may take the following steps:

1. Send a formal written demand (burofax) requesting that the defect be repaired and that damages be compensated.


2. If the issue is still not resolved, file a civil claim for damages and repair costs before the Spanish courts.

In court you may claim:

• The cost of repairing the damage to your property.


• Additional damages (for example damaged furniture or decoration).


• In some cases, interest and legal costs.

In practice, many disputes of this type are resolved after the formal legal notice once the responsible party understands that legal action will follow.

If you are considering legal action, it is advisable to have a lawyer review the documentation and determine whether the liability lies with the neighbour or with the community of owners, as this significantly affects the strategy of the claim.