תוכן עניינים
By: Adv. Moshe Taieb
Municipal Liability for Flooding: The Unauthorized Building Question
When flooding damages a property, one of the first questions is: who bears responsibility? When the local municipality’s infrastructure caused or contributed to the flooding, the municipality may be liable. However, a critical and often misunderstood issue arises when the damaged property was built without proper permits.
Lev-Taieb Law Office has successfully represented clients in municipal liability cases, including those involving unauthorized structures.
Does Lack of Building Permit Bar Flood Damage Claims?
The ruling establishes that the lack of a building permit does not automatically bar all flood damage claims against a municipality. The analysis focuses on the causal connection between the municipal infrastructure failure and the damage — not on whether the building was legally permitted.
However, the absence of a permit may: reduce the compensation amount where the unauthorized nature contributed to the extent of damage, affect insurance coverage, and expose the property owner to separate enforcement action by the municipality.
Municipal Infrastructure Responsibilities
Municipalities are responsible for maintaining drainage infrastructure, storm water management systems, roads and their drainage, and public spaces adjacent to private property. Negligent maintenance of any of these can create municipal liability for resulting flood damage.
FAQ
Can I claim against the municipality if my property has unauthorized additions?
Generally yes for the portions of damage not attributable to the unauthorized nature of the construction. The analysis is fact-specific. Contact Lev-Taieb for a personalized assessment.
The above information does not constitute legal advice. Contact Lev-Taieb Law Office for personalized guidance.
