Neighbors refuse cooperation repair of walled foundation

The dividing wall between two buildings is common property and mandated. This is stated in the law. If a wall is mandated, it means that the owners on either side of that wall jointly own it. Therefore, if the foundation under that mandelaw wall needs to be repaired, there are two important consequences. The first is that repair may not take place without the cooperation of the other owner in the mandelage. The second is that you, as common property owners, must jointly bear the cost of repair. But what if your neighbor refuses cooperation and payment for repair of the shared foundation? Real estate law attorney Robert van Ewijk explains what you can do then.

Court rulings on repair of basket foundation

Two important rulings were handed down last year that dealt with the repair of a basket foundation. The Amsterdam Court of Appeal ruled in September 2024 (ECLI:NL:GHAMS:2024:2565) that conclusive evidence had been shown that the mandated dividing wall was seriously sagging and that immediate action was needed to prevent further damage. The VvE of the neighboring property was therefore ordered to tolerate foundation repair under penalty of a penalty. Furthermore, the owners' association of the neighboring property was ordered to contribute to the cost of repairing the walled foundation. It was also ordered to pay to the other owner of the wall the damages she had suffered as a result of the refusal to cooperate in the necessary foundation repair.

Compensation for delay in foundation repair

The owner of a semi-detached house in Wassenaar was also ordered to pay damages. In a ruling by the District Court of The Hague from October last year (ECLI:NL:RBDHA:2024:17616), in fact, it was held that the co-owner had acted unlawfully. The court reached that judgment because it should have been sufficiently obvious to that co-owner that repair of the mandated foundation was necessary. Therefore, there was an obligation to cooperate in that repair. Breach of that obligation was unlawful and that resulted in damages. The reluctant neighbor therefore had to compensate that damage.

Damage from refusal to cooperate in foundation repair

Mandelige owners often try to postpone cooperation on foundation repair as long as possible due to its high cost. However, this can cause damage to the other owner. As a reluctant owner, you may have to pay for that damage. These damages can be diverse and can be very expensive. Some examples.

• In the Amsterdam case, the owner was unable to rent out his home for a longer period of time than anticipated; the reluctant owner therefore had to compensate for lost rent. Damages for loss of residential enjoyment or the cost of alternative housing may also be eligible for compensation. For example, the Wassenaar homeowners in the Hague case were ordered to compensate their neighbors for double housing costs;
• In both the Amsterdam and The Hague cases, the reluctant owner was ordered to pay ongoing interest charges;
• The Hague case also ruled that the neighbors had to pay for the now increased contract price. That cost increase was due to the passage of time and, according to the court, was also a result of the neighbors' refusal to cooperate as required.
• The costs of determining the damage will also be borne by the other party. Consider the costs of an expert.
• In both cases, the reluctant neighbor was convicted in the legal costs of his opposing party. The Hague case involved nearly €5,500; the Amsterdam case involved over €11,000.

Rules for VvEs when repairing mandated foundation

The rules on mandeliness and the rulings discussed above are also relevant to owners' associations (VvEs). Buildings may in fact be divided into apartment rights. In that case, it is the VvEs that are responsible for repairing the mandel foundation. The rules and legal consequences are then the same. Incidentally, the reluctant neighbor in the Amsterdam case was also a VvE.

Lawyer for refusal of necessary foundation repair

The cost of foundation repair can be substantial. The damages resulting from the delay in repair can also be substantial. Apart from interest charges and mounting contract costs, loss of rent or double housing costs can cause considerable damage. It is therefore important to persuade a reluctant neighbor to cooperate and make a financial contribution as soon as possible. This will prevent damage. Visit contact up with the real estate law attorney of Lexys Lawyers to guide you through this process.