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Fixation of the value of property damaged as a result of the war

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Симиренко Ганна
Симиренко Ганна
Lawyer
Ukraine / Kyiv

i

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Publication date: 11.07.2024

Лоер

Fixation of the value of property damaged as a result of the war

War always brings chaos and destruction, leaving behind damaged property, destroyed houses and destroyed cars. In order to restore justice and compensate for the damage caused, it is important to have a clear system for fixing the value of the damaged property. In this article, we will consider how the value of property damaged during war is fixed and what legal aspects should be taken into account.

Damage to property as a result of war

Property damage as a result of war includes the destruction of buildings, cars, businesses and other immovable and movable property.

Damaged apartments and houses during war are among the most common types of damage. It is important to record the damage in time to be able to receive compensation or reimbursement.

Fixation of the value of the damaged property

Determining the value of the damaged property is the first step in filing a claim for compensation. 

 

Question

What is the key stage in the process of determining the value of damaged property?

Answer 

The key stage in the process of determining the value of damaged property is damage assessment. Specialists conduct a detailed inspection of the damaged property to determine the extent and nature of the damage.

This process involves several important steps:


  • Visiting the scene: Damage assessment experts visit the place where the property was damaged. It can be a damaged apartment, a destroyed house or other immovable or movable property.
    Visual inspection and technical expertise: Specialists conduct a visual inspection to gather initial information about the nature of the damage.For a more detailed analysis, a technical examination is carried out, which includes photo and video recording. This allows all damage to be documented for later analysis.
    Determining the degree of damage: Based on the collected data, experts determine the degree of damage, assess how badly the property has been damaged, and which elements are subject to repair or restoration. This may include assessing the structural integrity of the building, the functionality of damaged systems, and the general condition of the property.
     
  • Development of the report: After the completion of the inspection and examination, the specialists draw up a detailed report that contains all the collected information about the damage, photo and video evidence, as well as conclusions about the extent and nature of the damage. This report is an important document for further legal processing of compensation.
    Documentary confirmation
    Documentary confirmation is an integral part of the process of fixing the value of damaged property. For legal confirmation, it is necessary to collect all possible documents that confirm the right of ownership and the previous value of the property. This allows you to justify the amount of compensation and ensure its legality.

  • Contracts of sale: Documents that confirm the fact of the purchase of property are the main evidence of ownership. These can be sales contracts, acts of acceptance and transfer, receipts for payment and other similar documents.

  • Technical passports: Technical passports for real estate or vehicles contain important information about the technical characteristics of the property, its value at the time of purchase, date of manufacture and other important data.Property Appraisals: Independent property appraisals conducted prior to the damage are also important evidence. These documents help establish the market value of the property at the time of the appraisal and justify the amount of compensation.

  • Other supporting documents: Other documents may include insurance policies that contain information on the insured value of the property, utility bills, documents on repairs or modernization, etc.

Documentary Confirmation

Documentary confirmation is a key step in the successful legal processing of compensation for damaged property. Our law firm offers a comprehensive approach to gathering and preparing all necessary documents to substantiate the amount of compensation and its legality. We provide professional support at every stage of the process, which includes:

  • Purchase agreements: We will assist in collecting all agreements that confirm ownership and the purchase of property, which are the foundation for compensation claims.
  • Technical passports: Preparation of technical documentation that confirms the condition and value of the property at the time of purchase.
  • Property appraisals: Organization and support of the independent appraisal process to establish the market value of your property prior to the damage.
  • Other supporting documents: We will help gather additional evidence, such as insurance policies, receipts, and acts that confirm modernization or repairs.

By contacting us, you will receive full legal support in the compensation process. Our team of lawyers guarantees a professional approach and maximum protection of your interests in any disputes.

Cost estimate

 

Estimation of the value of damaged property


  1. Gathering Information: The first step in estimating the value of damaged property involves gathering all available information about the damaged property. It can be photo and video materials, inspection reports, witness statements, etc.

  2. Analysis of the state of the property: Engaged experts analyze the state of the damaged property, determine the degree of damage and conduct an examination to assess the damage.

  3. Determining the market value: Experts estimate the market value of the property before damage. For this, data on similar objects sold on the market or official reports on the market value at the time before the damage are used.

  4. Calculation of losses: Based on analysis and market value before damage, losses are determined. This can include both direct damages (physical damage to property) and indirect damages (business interruption losses, etc.).
    Legal aspects of value fixation
    Submitting an application for compensation
    Preparation of documents: Owners of damaged property must collect all the necessary documents to apply for compensation, damaged apartments during the war. These can be inspection reports, ownership certificates, photo and video materials of damage, expert opinions, etc.

  5. Submitting an application: An application for compensation is submitted to the relevant state authorities or insurance companies. It must contain all the necessary information and supporting documents.


  6. Contacting lawyers: It is recommended that you contact lawyers who specialize in wartime compensation issues. They will help you prepare documents correctly and ensure compliance with all legal regulations.Legal support: Lawyers can represent the interests of property owners in court and before other government bodies, ensuring that the rights and interests of victims are respected.
     

International institutions

Appeal to international courts: In the event of an international conflict, it is possible to appeal to international courts to obtain compensation for the damage caused. It can be the European Court of Human Rights, the International Criminal Court, etc.

Preparation of the evidence base: In order to apply to international courts, it is necessary to prepare a complete evidence base that confirms the damages and violations of international law.

Cost of damaged property 

Determining the value of the damaged property is an important stage in the process of receiving compensation for the damage caused. The value is determined based on the market value of the property before the damage, which includes both immovable and movable property. This process requires careful data collection and the involvement of experts.

Assessment of market value

  1. Real estate: The value of damaged houses and destroyed apartments is determined based on the market value before the damage. For this, data on sales of similar objects on the market before damage are used. Experts analyze market trends, study information on prices for similar objects in the same area, and take into account the condition of the object before the time of damage. destroyed houses during the war. This allows you to estimate the value of the damaged real estate as accurately as possible. It is important to take into account all the features of the property, such as location, area, condition of the building and other characteristics that affect the market value.

  2. Movable property: The value of destroyed cars, equipment and other movable property is also determined based on their market value before damage. Data on similar items on the market are used for this. Experts make an estimate based on information about the value of new or used cars, equipment and other things that were damaged. They take into account the condition of things at the time of damage, their wear and tear and other factors that affect the market value. This allows you to objectively assess the value of destroyed movable property and determine the amount of compensation.
    Justification of compensation amounts
    Justifying the amounts to be reimbursed is an important step in ensuring that compensation is fair. To do this, it is necessary to have clear data on the previous value of the property and grounds for assessing damages.

  3. Data on previous value: It is important to have clear data on the previous value of the property. These can be official reports, invoices, sales contracts, acts of acceptance and transfer and other documents confirming the value of the property before damage, war damage property, damaged houses during the war. The data must be reliable and complete to ensure a correct assessment of damages.

  4. Damage assessment: Based on preliminary cost and damage data, a damage assessment is made. The amount to be reimbursed is determined, which is substantiated by relevant documents and expert opinions. The assessment must be objective and take into account all factors affecting the value of the property. This allows you to ensure fair compensation for damages and avoid disputed situations.

  5. Data on previous value: It is important to have clear data on the previous value of the property. These can be official reports, invoices, sales contracts, etc.

  6. Damage assessment: Based on preliminary cost and damage data, a damage assessment is made. The amount to be reimbursed is determined, which is substantiated by relevant documents and expert opinions.

  7. Damage caused during the war
    War damage includes not only material damage, but also moral damage. Owners of damaged property may seek compensation for loss of housing, livelihoods, and other important resources.
Conclusion

The damage caused by war encompasses not only material losses but also moral harm. Owners of damaged property may seek compensation for the loss of housing, livelihoods, and other essential resources. The assessment of the value of damaged property is a complex and multi-step process that requires a professional approach and legal support. It is important to contact experts in a timely manner for damage evaluation and to prepare all necessary documents. This will help secure fair compensation for the inflicted harm and restore losses.

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