Typically , in the judgment 94/2019/DS-PT dated April 4, 2019 on compensation for damage caused by construction works of the People's Court of Ca Mau province adjudicating the case:
“In 2014, the plaintiff (Mr. S and Ms. V) built a grade 4 house in Ca Mau city, Ca Mau province, with an area of 68m2 (4m across, 17m long), built without a permit. In 2017, Mr. H built a concrete fence 4m high, close to the back wall of the plaintiff's house, at the same time, Mr. H rolled the ground roller to collect sand and rock, causing vibrations to crack the wall and severely degraded the house. Now, the plaintiff asks Mr. H to pay compensation according to the price assessment result of VND 47.8 million.
In the appellate civil judgment, the Court also decided: Uphold the first-instance civil judgment No. 155/2018/DS-ST dated November 2, 2018 of the People's Court of Ca Mau city:
- Accept a part of the lawsuit claim of Mr. S and Ms. V; Forcing Mr. H and Ms. T to pay compensation to Mr. S and Ms. V in the amount of VND 28,680,000 (Twenty-eight million six hundred and eighty thousand VND) (60% of the total damage);
- Mr. H and Ms. T are obliged to reimburse Mr. S and Ms. V for 6,124,000 VND (Six million one hundred and twenty four thousand VND) for the cost of construction quality inspection.
The Court's decision is in accordance with the law, because:
Firstly, based on Article 605 of the 2015 Civil Code, “An owner or a possessor of a house or another construction work, or a person to which the owner has assigned the management or use thereof, must compensate for damage if such house or construction causes damage to another person.” In this case, it was proved that the construction of the fence by Mr. H and his wife caused damage to the walls and foundation of Mr. S's house, so Mr. H and Ms. T are obliged to compensate.
Secondly, about determining the fault of the parties when damage occurs: Pursuant to Clause 1, Article 8 of Circular 05/2015/TT-BXD, “Before the construction, the owner shall initiatively greet the owners or the managers/users of adjacent and neighboring works for checking the current conditions and take note the defects (if any) of the adjacent/neighboring works. The owners or the managers/users of adjacent and neighboring works shall cooperate with such owner in checking and recording current conditions of their houses as the basis for solution of any disputes arising."
Thus, the party causing damage, Mr. H, was at fault when he failed to comply with this provision of the law, which is to check the status quo and record the defects of the adjacent works in order to have a method to ensure safety or limit the damage. Minimize damage that may occur during construction.
At the same time, the aggrieved party, Mr. S, is also at fault for the damage caused by building a house without a construction design and without a solid foundation, so it is not technically safe, affecting the work quality. Therefore, the parties will be responsible for their respective part of the fault for the damage that has occurred (based on Clause 4, Article 585 of the 2015 Civil Code).
Therefore, when conducting construction, we need to comply well with the provisions of the law on work design, construction permits, check and record the status of adjacent real estate... to ensure optimally protect their interests when causing damage to other works or being damaged by other works.