Can you claim for loss or damage to urban works?

Can businesses claim for economic losses due to street works, what about neighbours, what if you fall down as a pedestrian? Today we explain it to you!

Urban works are a constant part of everyday life in cities, necessary for the improvement and maintenance of public infrastructure. However, these interventions can cause numerous inconveniences for both traders and residents of the affected area.

How can a trader complain about road works?

These works may cause inconvenience or damage to traders who are directly affected, e.g. through loss of sales caused by difficulties for customers to enter the shop. In these situations, shop owners can initiate a claim against the administration, based on what is set out in Law 39/2015, which regulates the liability of public administrations.

In order to be able to make a claim, a series of requirements must be met:

1. There must be a real and effective damage, which can be evaluated economically, not simply a potential risk of possible loss of sales.

2. The harm must be individual to the person affected by the claim.

3. There must be a direct cause between the work and the damage, and there must be no unforeseeable force majeure circumstances to justify such action.

The problem in these cases is always one of proof, because the person concerned has to demonstrate to the administration that there has been a decrease in turnover as a direct consequence of these works, without there being other circumstances that could affect this decrease in sales.

The evidence that can be used is:

- Accounting records justifying the decrease in revenue during the period of works.

- Reports from an economic expert who can assess the damage.

- Photographs or videos showing how the works have affected the accessibility or visibility of the premises.

How can a resident claim for road works?

In the case of private individuals, the possibility of claiming for nuisance caused by this type of works is more complicated. In this case the damage is more difficult to prove, except in those cases in which these works cause direct damage to property that can be accredited by means of an expert report or in cases in which excessive noise is produced that can be objectively demonstrated by means of technical reports.

How can a pedestrian claim if they have an accident due to works on the public highway?

In these cases, the affected person will be able to claim compensation for injuries, as long as they can prove that they are a direct consequence of the works.

It is important to gather as much evidence as possible to support this claim. This includes:

- Medical reports showing the injuries sustained.

- Testimony from people who witnessed the fall.

- Photographs.

- The police report in the event that the municipal police intervened.

The period you have to claim is one year from the time of the accident or from the time the injuries are stabilised when it is a private individual who is claiming for a fall.

From lost sales to noise nuisance and reduced accessibility, the impacts of construction work can be significant. If you are involved in such a situation and want to make a claim, contact us.