[Direct answer]The party liable for compensation depends on who is identified as the cause of the cracks. The owner, the decoration company, or the actual contractors may all be held responsible, so it's not just about blaming the neighbor next door. According to the provisions of the Civil Code of the People's Republic of China (effective January 1, 2021) on neighborly relations and tort liability, the claimant must prove the vibration construction activities, the damage caused by the wall cracks, and the causal relationship between the two. The findings of the causal analysis are often crucial for determining liability. If the cracks already existed or were caused by the building's own settlement, the claim for compensation will be greatly reduced. The items that can be claimed mainly include repair costs, appraisal fees, and necessary temporary accommodation expenses, the specific scope of which is governed by the Civil Code of the People's Republic of China (effective January 1, 2021) and the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trials of Personal Injury Compensation Cases (amended on February 15, 2022). It is recommended that the claimant first secure evidence on the day the cracks are discovered and avoid repairing or covering up the scene on their own beforehand.

I. Problem background and typical scenarios

Such disputes usually begin with the sound of a pneumatic drill and the appearance of a new crack. When residents upstairs or next door start renovations, such as demolishing walls, cutting grooves, drilling holes, or breaking concrete, continuous vibrations are generated. Within a few days, neighboring houses will find new cracks in walls, tiles, or ceilings, abnormal opening and closing of doors and windows, and in severe cases, hollowing of plaster layers and water infiltration. The affected party first confronts the contractor, who often responds by saying that the house is old, had existing cracks, or is normal settlement; when they approach the property management company, the property management points to the renovation filing and the owner's responsibility; when they confront the renovation owner, the owner claims that they have fully outsourced the work to a company and that the contractor should be responsible. With all parties shifting blame back and forth, the cracks continue to develop. By the time someone proposes an appraisal, the site may have been repainted and repaired, making it impossible to restore the original state. Unlike personal injury cases, there are no medical records or emergency records here. The subject of the dispute is real estate, and all issues focus on two points: whether the cracks were caused by the recent vibrations, and who should be responsible and to what extent. The parties involved include the renovation owner, the contracted renovation company, the actual construction team on site, the property management company, possible design or supervision units, and the appraisal institutions that provide opinions. The evidence is scattered across property renovation records, construction logs, on-site images, and housing files. Reconstructing the timeline step by step—from the start of construction, the vibration process, the discovery of cracks, negotiation records, and on-site inspections—is the first step to ensuring accountability.

II. Key points of contention

One of the disputes is the causality. The causes of cracks are complex, and factors such as natural settlement of the building, thermal contraction, the original construction quality, and material aging may act independently or in combination. The claimant needs to prove the connection between the vibration during construction and the new cracks. Relying solely on before-and-after photos is often insufficient, and it is necessary to use building safety appraisals or crack cause appraisals to distinguish between new and old cracks and their causes. The second dispute concerns the subject of liability. There may be contracting, employment, or subcontracting relationships between the renovation owner, the renovation company, and the actual contractors. Who bears the obligation of managing the construction site and preventing adjacent damage determines who will ultimately pay compensation. Whether the property management has fulfilled its obligations of renovation registration, inspections, and warnings may also be evaluated separately. The third dispute concerns the scope of damage and repair methods. Claimants typically seek reasonable costs for restoring the original state, appraisal and inspection fees, and necessary temporary accommodation expenses due to inability to inhabit the premises. Whether to require overall reinforcement, calculate based on the repair plan, or use the replacement value as a basis often leads to conflicting opinions, making cost evaluation another focus of contention. The fourth dispute concerns evidence collection and procedural issues. Site images, renovation records, and construction logs are often held by the opposing party or the property management, resulting in an imbalance in evidence ownership. When necessary, it is possible to apply for evidence preservation, on-site inspections, or orders to submit evidence. Jurisdiction, statute of limitations, and whether to add defendants can also affect the pace of the proceedings. These four disputes build upon each other, and courts typically first determine the cause, then identify the subject of liability, and finally verify the scope and amount of compensation.

III. Professional analysis by Hengluo Lawyers

When handling such neighborly damage cases, Henglu Lawyers cross-reference the materials into four groups: construction facts, damage status, causation determination, and repair cost. For the **construction facts group**, they retrieve property renovation records and agreements, construction permits or notification records, renovation contracts and quotations, construction logs and process arrangements, site supervisors and workers' information, specific time periods of vibratory operations, and property inspections and rectification notifications. These are used to identify who was conducting the construction, the tools used, and the duration of the vibrations. The **damage status group** forms the basis for site reconstruction: panoramic and detailed photos of the cracks on the day they were discovered, videos, time-stamped records, diagrams showing the crack locations and directions, actual measurement data for width and length, and inspections of hollowing in doors and tiles. This helps distinguish between new cracks and existing defects. The **causation determination group** is the most critical: housing safety appraisals or crack causation assessments must conclude on the age of the cracks, their formation mechanisms, and the degree of correlation with vibratory construction. Structural calculations may be required if supporting evidence is incomplete or the site has been repaired, as this significantly reduces the evidentiary value of the assessment. For the **repair cost group**, qualified institutions issue cost estimates based on approved repair plans, detailing materials, labor, product protection, and schedules to avoid conflicting figures from both parties. The parties' claims typically contradict each other: the injured party emphasizes the wall's integrity before construction, the simultaneous appearance of cracks with vibratory operations, and incomplete property registration records; the contractor and owner counter with claims of natural settlement due to the building's age, the irrelevance of cracks to construction, or excessive repair proposals and inflated costs. Courts generally follow the following logic: first confirm the neighborly relationship and the basis for the infringement claim under the **Civil Code of the People's Republic of China** (effective January 1, 2021), then assess causality and causative factors based on appraisal opinions, and finally determine repair costs and reasonable ancillary expenses according to the **Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases** (amended on February 15, 2022). Evidentiary responsibilities, inspections, and time limits are governed by the **Civil Procedure Law of the People's Republic of China** (amended on December 24, 2021, effective January 1, 2024). When materials are insufficient in any group, prioritize supplementing that group first—especially avoid covering evidence with premature repainting.

IV. Practical Suggestions and Legal Basis

At the procedural level, the relationship of neighboring rights and infringement claims are governed by Article 1179 of the Civil Code of the People's Republic of China (effective as of January 1, 2021) and the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trials of Personal Injury Compensation Cases (amended on February 15, 2022). The burden of litigation costs is governed by the Methods for Payment of Litigation Costs (effective as of April 1, 2007). Evidence preservation, on-site inspections, and trial deadlines are governed by the Civil Procedure Law of the People's Republic of China (amended on December 24, 2021, and effective as of January 1, 2024). The process consists of four steps. **Step 1**: Gather six types of materials: property renovation registration and agreements, renovation contracts and construction logs, photos and videos of the day of discovery, housing delivery and acceptance records, and past maintenance records. Also collect evidence of crack causes or housing safety appraisal opinions, repair plans, and cost assessment reports. **Step 2**: Identify the opposing party and determine whether to claim against the renovation owner, the renovation company, or the actual contractors. Verify whether the property management company should bear corresponding responsibilities and confirm jurisdiction and statute of limitations. **Step 3**: For disputes over causation and costs, promptly apply for appraisal and on-site inspections, and submit the timeline, images, and evidence materials all at once. Avoid repairing the damage first and then applying for appraisal later. **Step 4**: Prioritize negotiation or mediation through property management or community channels. Discuss costs based on the agreed repair plan. If no agreement is reached, initiate litigation. For large-scale cases or cases requiring additional defendants, hire professional lawyers to organize the process. For detailed comparisons of evidence lists at each stage, please refer to our firm's guidelines.Guidelines for Documenting and Appraising Damage Caused by Adjacent Construction ActivitiesAll communication must be in writing throughout the process. Oral negotiations will not be considered valid.

5. Henglu Law Firm's Advice

These types of disputes are most likely to be exacerbated by the parties themselves. Here are three tips: 1. **Secure evidence before taking action**: The original state of the cracks is crucial for forensic analysis. Painting, tile installation, or self-repair may erase the distinction between old and new cracks or their causes. On the day of discovery, take photos and videos, mark the locations and widths, and, if necessary, apply for evidence preservation or on-site inspections. 2. **Focus on forensic analysis**: Causation analysis and cost assessment are two key pillars. Before commissioning these services, provide detailed information about the construction period, processes, and visual records. Don’t wait for the other party’s approval to proceed. Defenses like "natural settlement" or "aged buildings" must also be addressed through forensic reports. 3. **Calculate costs and timelines**: Ordinary first-instance proceedings take six months, simplified procedures three months, and second-instance proceedings three months (excluding forensic and inspection periods). Estimate and prepay fees according to the *Method for Payment of Litigation Costs* (effective April 1, 2007). Compare projected repair costs, appraisal fees, and incidental expenses with total costs to set a negotiation baseline. Due to variations in case-specific housing conditions, completeness of records, and forensic conclusions, it’s advisable to verify each item against a timeline and materials list. Don’t blindly accept any outcome promises or treat verbal settlements from property management as binding commitments of liability.

VI. Frequently Asked Questions

Q1: Does the identification of the causes of wall cracks indicate that the decoration company should compensate only if the cracks are caused by vibration?

Basically, the appraisal opinion determines the causal relationship between the vibration construction and the cracks, which is a prerequisite for the decoration owners or contractors to bear compensation responsibilities. If the conclusion points to the house's own settlement, material aging, or original defects, the responsibility will be correspondingly reduced or even not established. According to the provisions of the Civil Code of the People's Republic of China (implemented on January 1, 2021) on neighboring relations and tort liability, the claimant must prove the three elements of construction behavior, damage consequences, and causal relationship. Before and after photos can only prove the changes in the state, but cannot replace the judgment of the cause. In practice, the appraisal will also distinguish between new and old cracks and the proportion of causality. The court will determine the repair costs proportionally based on this, rather than paying full compensation. It is recommended to fix the scene, obtain the property decoration records and construction logs after discovering the crack, and then entrust a qualified institution to conduct a house safety or crack cause appraisal. Do not repair it yourself before the appraisal, and do not assume that the other party must compensate just because the construction time points are close.

Q2: When claiming for wall cracking caused by earthquake, do I need to attach on-site photos or an appraisal report?

Both are necessary, and each has its own function: photos prove the damage status and the time of discovery, and appraisal reports prove the cause and scope of repair. If either is missing, it will be easy for the other party to exploit the loophole. According to the requirements of evidence in the Civil Procedure Law of the People's Republic of China (amended on December 24, 2021 and implemented on January 1, 2024), it is advisable to submit panoramic and detailed photos with time watermarks, videos, diagrams indicating the direction of crack locations, and actual measurement records of width and length, together with house delivery and acceptance records and past repair materials, to distinguish between new cracks and existing defects. Additionally, appraisal opinions on house safety or crack causes, repair plans, and cost assessment reports should be attached to quantify the amount of compensation. For property decoration records, decoration contracts, and construction logs, it is possible to request their submission by court order or obtain them from lawyers. The images should include the original files and export explanations, rather than just a few retouched photos. It is more convincing to maintain the original state of the site before the appraisal is completed than to provide evidence retrospectively.

Q3: Who will bear the cost of the wall repair assessment and the lawyer's fees respectively?

The appraisal fees are usually paid in advance by the applicant, and are ultimately handled according to the rules of liability apportionment or being borne by the losing party. Lawyer's fees are borne by the respective clients in accordance with the contract, and the two are not mixed together. According to the "Measures for the Payment of Litigation Costs" (implemented on April 1, 2007), litigation fees and appraisal fees are paid in advance in stages based on the amount of the claim, and are borne by the losing party or shared according to the liability ratio; cost assessment and housing safety appraisal are necessary expenses for ascertaining the facts, and it is advisable to retain the entrustment contract and invoices, and claim them together in the lawsuit. There is no unified government pricing for lawyer's fees. Combined with the items and workload under Article 1179 of the Civil Code of the People's Republic of China (implemented on January 1, 2021), fees are charged on a per-item basis, as a percentage of the subject matter, or on an hourly basis, subject to the entrustment contract. Such cases often require two appraisals of the cause and cost. Before signing the contract, it is advisable to list the estimated repair fees, appraisal fees, and preservation fees, calculate the cost ratio, and then decide whether to sue, so as not to mistake the appraisal fees paid in advance for being fully borne by the other party.

Q4: How long will it take to conclude the litigation of wall damage claims using the simplified procedure?

For cases with clear facts and minimal disputes, the simplified procedure can usually be concluded within three months. Cases transferred to the ordinary procedure are generally completed within six months, with the second instance taking three months. The timeframes for appraisal and inspection are calculated separately, based on the Civil Procedure Law of the People's Republic of China (amended on December 24, 2021 and implemented on January 1, 2024). Whether such cases can proceed under the simplified procedure often depends on whether the cause of the dispute is simple and clear: if only one appraisal of the cause of the crack is conducted and both parties have little disagreement on the repair plan, the scheduling will be faster; if it is necessary to add the decoration company, construction team or property management company, and to conduct separate cost evaluation and on-site inspection, the case will be transferred to the ordinary procedure and approach the time limit. If there are jurisdictional objections or appraisers testify in court, the time will continue to be extended. It is recommended to record the evidentiary period, appraisal commissioning, inspection and court hearing milestones in a ledger from the filing stage, and simultaneously check the advance payment and refund according to the "Measures for the Payment of Litigation Fees" (implemented on April 1, 2007), rather than treating three months as the entire cycle.

Q5: If you find cracks in the wall, should you take photos to provide evidence first, or report it to the property management company first?

The two can be carried out on the same day, but the first action of the day should be to fix the original state of the scene and report it to the property management company. If the order is reversed, the inspection materials may be lost due to the contractors continuing their work or making repairs on their own. The process should follow four steps: first, take panoramic and detailed photos and videos of the cracks with time stamps, mark the location and direction, and measure the width and length of the cracks. Keep the original files, and if necessary, apply for evidence preservation or on-site inspection; then report to the property management company in writing and request to retrieve the decoration records, agreements, construction logs, and inspection records, while keeping records of the negotiations with the decoration owners and contractors; next, check the house delivery and acceptance records and past repair materials, and commission a qualified institution to conduct a crack cause analysis and repair cost assessment; finally, check the jurisdiction and statutory time limits, and evaluate whether to claim repair costs from the decoration owners, companies, or contractors in accordance with Article 1179 of the Civil Code of the People's Republic of China (effective January 1, 2021). Keep written records throughout the process, and do not paint over the cracks before the assessment is completed.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the adjudicative guidelines in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Personal injury legal services·Beijing Hengluo Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.