Peritaje Judicial por Humedad Ascendente en Vivienda Unifamiliar – Perito Judicial de la construcción

Real estate

💧 Case Study: Legal expertise on rising damp in a single-family dwelling

⚖️ Case Status

A customer purchased a second-hand detached house in Alicantebuilt more than 30 years ago. A few months after moving in, she began to notice dark stains on the walls on the ground floor, a musty smell and the paint and plaster peeling off.

After consultation with several technicians and renovation companies, he was informed that it might be rising damp due to capillary actionThis is a serious problem that affects both the structural condition and the market value of the property.

The homeowner's insurer denied the claim on the grounds that it was not a covered loss, while the seller denied liability claiming that it had no prior knowledge of the problem.
The person concerned needed a report expert technical and legally valid to file a formal complaint or initiate legal proceedings if necessary.

Object of the Judicial Expertise

The aim of the report was:

Confirm whether or not it existed rising damp due to capillary action.
Determine its origin and extent.
Assess possible structural causes (lack of physical moisture barrier, external leaks, etc.).
Estimate repair costs and give an impartial opinion with judicial validity.

🧪 Applied Methodology

Our team of experts followed this procedure:

Documentary compilation:

Photographs of the house before and after the damage was detected.
Previous technical reports (if any).
Purchase contract and possible technical report of the property.

On-site inspection:

Residual humidity measurement by digital hygrometer.
Visual analysis of affected areas: typical height of rising damp (~1m), colouring, texture of plaster.
Checking of floorings, exterior walls and nearby installations.

Technical study:

Use of infrared thermography to identify thermal patterns associated with humidity.
Check for presence of damp-proof barrier in foundation (if present or absent).
We rule out other common causes: infiltration, condensation or ventilation problems.

Technical expert report:

Detailed document with explanatory graphs, photographs, plans and economic table of necessary repairs.

📄 Results of the Expert Report

The report concluded that:

The presence of rising damp due to capillary actionoriginating from the absence of a physical moisture barrier in the original foundation.
No evidence of previous preventive maintenance or corrective actions were found.
Damp affected three main rooms on the ground floor, creating risks of mould and progressive deterioration.
The estimated repair budget amounted to 18,500 eurosincluding partial demolition, chemical barrier injection, re-plastering and repainting.

As a result of the report submitted, the client was able to file a civil action against the sellerobtaining a favourable judgement where it was acknowledged to have omitted relevant information about the actual state of the house.

Value of the Expert Report

This case illustrates how a A well-founded expert report can be key to obtaining justice and financial compensation. when a property is acquired without knowing its hidden defects. Our work as real estate and construction surveyors is to provide clarity, legal backing and strategic guidance in complex processes.

👇 Does your home have damp and you don't know why?

If you have noticed signs of damp in your walls and fear that it may be affecting the value of your home, we can help you obtain a expert report valid in court.
📩 Contact us today and request information without obligation about our services of judicial real estate and construction expertise.