The Chapinería Town Hall has published the steps to submit claims for patrimonial liability for damages caused during the extinguishing efforts of the Sierra Oeste fire in July and August. The deadline is one year from when the damage occurred.
Residents of Chapinería who have suffered damages as a result of the actions of the intervention teams during the extinguishing of the Sierra Oeste fire, which occurred in July and August, can submit a claim for patrimonial liability. This has been reported by the local Town Hall, which details the requirements and the procedure to do so.
The declaration of emergency at operational level 3 does not automatically imply that liability lies with the Ministry of the Interior. In each case, it must be analysed which administration or service effectively intervened in causing the damage, and there may be concurrent liability among different administrations.
Those affected can claim if they have suffered damages directly related to the actions during the extinguishing efforts. It is necessary to differentiate between damages caused by the fire itself and those caused by the means or services that intervened in the emergency efforts. The existence of damages does not automatically imply the right to compensation; each claim will be analysed according to legal requirements.
The claim must be addressed to the Ministry of the Interior, specifically to the Technical General Secretariat, General Sub-Directorate of Resources, Claims and Relations with the Courts. The submission can be made at the Delegation or Subdelegation of the Government or at any of the places accepted by Article 16.4 of the Law 39/2015, of October 1, on the Common Administrative Procedure of Public Administrations.
The general deadline for filing the claim is one year from when the damaging event occurred or from the complete manifestation of its effects. The Town Hall recommends that those affected gather all documentation and evidence related to the damages as soon as possible.
The application must include, at a minimum, the identification of the claimant, a detailed description of the events, the exact location of the affected property, the date and nature of the damages, the determination, as far as possible, of the intervening means or service that may have caused them, an economic assessment of the damages, and the causal relationship between the emergency services' actions and the damage caused.
Among the recommended documentation to provide are photographs of the damages, expert reports or repair estimates, property titles or documents that prove the availability of the property, invoices or receipts for expenses, testimonies or records, information about the approximate date and time of the damage, identification of the intervening means and the acting unit when possible, and communications made by emergency services or authorities during the fire.
The more information and documentation that can be provided to substantiate the relationship between the actions of the emergency services and the damage caused, the more complete the claim will be," states the Chapinería Town Hall.
The Town Council continues to provide information and guidance to residents who have questions about this procedure, with the aim of ensuring that those affected are aware of the available avenues and the documentation they need to gather. For inquiries, interested parties can contact the Chapinería Town Hall.
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