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What is an expert witness and when do you need one

What a perito judicial is, what they do and when you need one: damp, hidden defects, cracks or an insurer that pays too little. A quote in a day.

Updated 26 October 2026

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What’s wrong with your building
An expert report for court

What an expert witness does

They visit the building, measure, take photos and, if needed, open test holes or run tests. Then they write a report that answers specific questions: what the damage is, what caused it, since when, who may have caused it and what it costs to repair. They are chartered professionals and are accountable for what they state. Whoever does the survey never does the repair work on the same case.

When you need one

  • Damp or leaks that the neighbour, the owners’ association or the insurer won’t accept.
  • Defects that appear after buying a home (hidden defects): there are deadlines to claim from the seller, so don’t wait.
  • Cracks, settlement or defects in recent building work.
  • An insurance claim valued below what the repair costs.
  • A claim or a defence that needs a technical report.

Court or party

You choose the party expert, whose report is filed with the claim or the defence; the court appoints the court expert. If both meet art. 335 LEC, the judge weighs both. See the differences.

In the Kredenis network

If yours is a court case, the network’s expert reports handles it directly.

QUESTIONS

Frequently asked questions

What does an expert witness do?

They visit, measure and document the damage, find the cause and explain to the judge, in a report, what happened, why and what it costs to repair.

Does the judge choose them, or do I?

Both are possible. You choose and pay the party expert; the court appoints its expert from the lists of the professional bodies.

Do I have to go to court to get a survey?

No. The report is often enough to claim from a neighbour, a builder or an insurer without going to court.

Does the expert have to appear in court?

If the judge or one of the parties asks, the expert confirms the report at the hearing and answers questions.

Which expert do I need for a building?

A chartered architect, building surveyor or engineer, depending on the damage. We assign one when we agree the price by phone.

What if they do it but won't go to court to defend it?

If you have been told they will do the report, but without appearing before the judge to defend it, they are selling you something else: a technical report, not the expert report you asked for. A report is an expert report only if its author can defend what they have written before a judge (art. 347 of the Spanish Civil Procedure Act).

Can we help with your case?

A quote in one day

Three questions and we’ll call you today. Or, if you prefer, call 614 194 985.

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