How Do Expert Review and Site Inspection Work in Condominium Actions?

When apartment and complex disputes are brought before a court, terms such as "expert" and "site inspection" are heard often. In technical matters such as the source of a water leak, occupation of a common area, correction of land shares or a structural problem, the court cannot decide on its own and turns to an expert opinion. In this article we explain how expert review and site inspection work in condominium actions.

What is a site inspection?

A site inspection is the act by which the court (the judge) personally examines the place that is the subject of the dispute. For example, when there is a claim of common area occupation, the judge goes to the immovable and observes the situation in person. Site inspections are often carried out together with an expert; while the judge observes on site, the expert makes the technical assessment. Site inspection allows abstract claims to be seen in concrete form.

What is the role of the expert?

The expert is a specialist who assists the court in matters where specific and technical knowledge is required to resolve the dispute. The judge knows the law but cannot, for example, assess technically which installation a water leak comes from, whether a structure is safe or whether the land shares have been correctly calculated. It is at this point that an architect, civil engineer or an expert from the relevant field is appointed.

• In water-leak cases, determines the source of the leak and the person responsible.
• In common area disputes, evaluates occupation and use.
• In land share cases, examines the correctness of the shares.
• In structural problems, determines the cause and responsibility for the damage.

The expert report and its weight

The expert presents the result of the examination to the court in a report. This report significantly affects the outcome of the case; the judge often relies on it in technical matters. However, the expert report does not absolutely bind the judge; the judge evaluates the report and may, if necessary, request a supplementary report or a new expert review. The parties may also object to the report.

Objection to the report

If a party finds the expert report erroneous or incomplete, they may file a reasoned objection within the time limit. On objection, the court may decide to obtain a supplementary report, to request clarification from the expert or to appoint a new panel of experts. It is therefore important for objections against the report to be made with technical and concrete reasons; general objections may not produce results.

Evidence determination before litigation

In some cases there is a risk that evidence will be lost before the action is filed (for example, traces of a water leak may dry up). In such cases, before filing suit, evidence determination may be requested from the court. The court determines the existing situation together with an expert, and this determination constitutes strong evidence in the action to be filed later. Evidence determination is used often, in particular, in water-leak and structural damage cases.

Summary: In condominium actions, for technical matters the court carries out a site inspection (on-site examination) and turns to an expert (architect, engineer). The expert report strongly influences the outcome of the case but does not absolutely bind the judge; the parties may file a reasoned objection. In case of risk of loss of evidence, an evidence determination may be requested before filing suit. For condominium actions, see our blog guides, and keep your building management organised with our digital tools.

Frequently Asked Questions

Is the expert report definitive?
The report strongly influences the case but does not absolutely bind the judge. The judge evaluates it and, if necessary, may request a supplementary report or a new expert review; the parties may also object.

How do I object to an expert report?
You may object within the time limit with technical and concrete reasons. The court may order a supplementary report, clarification or appoint a new panel of experts.

Can I have evidence determined before filing suit?
Yes. If there is a risk of loss of evidence (for example, water-leak traces), evidence determination may be requested from the court, together with an expert, before litigation; it will then serve as evidence in the case.

Related content

In connection with this topic, our articles on the tenant's responsibilities under condominium ownership law, appointment of a trustee (court-appointed manager) to an apartment and discharge of the manager cover the subject in more detail.

This content is for general information only and does not constitute legal advice. For your specific situation, please consult a lawyer.