Municipal Liability in Case of Blocked Sewerage

Questioner

I had a blocked drain. The municipality's website states that I must investigate myself whether the blockage is on my own property. I called a drain cleaning company for this. They determined that the pressure sewer pump wasn't working, and the earth leakage circuit breaker had tripped due to a thunderstorm. This was three days before our problems arose. The municipality states on their website that if I call them and find out the blockage is on my property, they will charge me for the costs. Can I hold the municipality liable on the basis of risk liability for the costs incurred by me with the unblocking company, namely €150? I cannot find anything about this in the expanded municipal sewerage plan, only that I am responsible for the sewerage and transport of wastewater up to the property boundary?

Lawyer

If the malfunctioning system is part of the municipal sewer system, you have a chance. There's no guarantee of a successful outcome. If you wish to hold the municipality liable, it's also helpful to include a signed statement from the drain cleaning company you hired with your letter, stating what you stated in your request. This will strengthen your case. If the municipality is investigating your situation, which will be difficult if the blockage has already been resolved, I advise you to be present during this investigation and to document as much as possible (digitally). Once the blockage is resolved, it will also be more difficult for you to prove that the blockage was located in the municipal sewer system.

Lawyer

I advise you to ask the municipality to reimburse the costs. If the municipality doesn't, you can file a complaint. If you're not satisfied with the outcome, you can contact the National Ombudsman. A complaint procedure with the municipality and the National Ombudsman is free of charge.