You do not have to wait for the accident: you can act preventively. If you have just cause to fear the collapse or partial ruin of a neighbouring building, you can require the owner to take the measures necessary to prevent that ruin (art. 90).
The demand may be directed at the owner of the building, or at the person who would be liable for it under article 89 (art. 90).
If the collapse occurs nonetheless, liability is clearly framed: the owner of a building or other structure is liable for the harm caused by its collapse or partial ruin, where this results from dilapidation, a lack of maintenance, or a defect in the construction (art. 89).
Two useful nuances:
- Where a person other than the owner is required to ensure maintenance (by contract, usufruct, or another real right), it is that person who is liable (art. 89).
- In the event of a dispute over ownership, liability falls on the current possessor of the property (art. 89).
Start, therefore, with a formal notice to take preventive measures; in the event of damage, compensation will follow the rules of article 89.
Esto es información jurídica general, no asesoramiento legal. Para asesoramiento sobre su situación específica, consulte a un abogado colegiado en Marruecos.