According to which, homeowners in an apartment building (more than three) will be charged a fee for major home repairs.

Overhaul includes repair of foundations, facades, roofs, elevators and basements, as well as replacement of electrical wiring and in-house engineering systems.

The contribution, as well as the receipt for payment of utility bills, comes to the mailbox. Its size depends on in which subject of the Russian Federation the residential premises are located, as well as its type and area.

This was necessary because throughout Russia the number of houses in disrepair or dilapidated condition has sharply increased, and government programs are not able to fully pay for their restoration.

Funds collected from owners are sent to a special fund for major repairs and will be added to existing programs.

Do I have to pay these bills?

According to Federal Law Each owner is obliged to participate in raising funds for major repairs, since they are included in standard payment documents for housing and communal services (Article 169.1 of the Housing Code of the Russian Federation).

If he does not pay the receipts on time, or does not do so at all - Penalties will begin to accrue if payment is not made by the 20th of the current month (for the past month).

If the owner constantly ignores receipts, the debt (including penalties) can be recovered through court. Also, along with the debt, he will be forced to pay legal costs.

No one can evict a defaulter from an apartment, but various restrictions will apply, including a ban on leaving the country.

Carrying out major renovations to your home does not relieve you of your responsibility to raise funds. They will “accumulate” until next time.

From what age and at what age is the fee charged?

You can become the owner of an apartment from birth, but you can fully manage the property and make payments and transactions after reaching adulthood. Who pays for major repairs of an apartment building and from what age?

Since taking care of the home, maintaining it and the common premises in an apartment building is the responsibility of the owners (Article 30, clause 1 of the Housing Code of the Russian Federation), a citizen who is the owner must pay for major repairs from the age of eighteen.

In December 2015, bill N 399-FZ was adopted, according to which regions will be able to independently decide whether pensioners will pay the contribution. That's why people over 80 years old can count on 100% compensation for expenses.

It is valid for pensioners living alone and for families consisting of non-working people of retirement age (Article 169, Part 2.1)

Compensation in the amount of 50% of the amount of expenses will be provided to people over 70 years of age, disabled people of the first and second groups, Chernobyl victims, disabled children, persons supporting disabled children (Federal Law of June 29, 2015 No. 176-FZ).

In addition, it is worth paying attention to the age of a particular house; the older it is, the more it needs restoration. Therefore, the amount on the receipt will be higher.

The law provides for a reduced rate for new houses. Federal Law No. 176-FZ allows that residents of new buildings put into operation after the program was approved may not pay these receipts.

Exactly for what period is determined by the regions themselves, but it should not be more than 5 years.

Who should pay for major repairs: the owner or the tenant?

The grounds on which the tenant can live in residential premises:

1. Municipal or service housing. If the tenant lives in municipal housing, then he is obliged to maintain it in proper condition, pay utility and other payments on time, as well as current expenses for the maintenance of common property. These responsibilities are defined in the social tenancy agreement. But major repairs are carried out at the expense of the owner of the housing stock.
2. Privatization. If the apartment was privatized by the tenant, then he is also obliged to maintain the living space in proper condition, but no one has the right to force him to take part in collecting funds for major repairs.
3. Renting a living space. Who should pay for major repairs in this case? Without the consent of the owner, the tenant cannot carry out redevelopment or reconstruction, therefore, he should not be charged any fees. This is the owner's responsibility.

Who pays for major repairs in an apartment building - the owner or the tenant?

Based on this, Payment for major home repairs cannot be demanded from the tenant. Many owners who rent out apartments believe that this amount is included in utility bills, but this is a misconception.

How legal are these contributions?

Since these payments are established by law (Part 1 of Article 158 of the Housing Code of the Russian Federation) - they are mandatory for all citizens of the Russian Federation. And, as mentioned, certain sanctions may be imposed for non-payment.

But since not all payers will wait for repairs (death, sale or other reasons), in October 2015, a group of deputies filed a lawsuit with the Constitutional Court of the Russian Federation. In it, they expressed their demand to correct the fact that residents must pay for the maintenance of other people's property.

In April 2016 fundraising for the “common treasury” was recognized as absolutely legal. It was also decided to review the order of work in residential premises, according to the objective condition of the houses.

In addition, this order can be challenged in court.

To summarize, we can say that contributions for major home repairs are completely legal and obligatory for payment.

Who pays for major repairs in an apartment building? If you rent housing, you are a tenant, you must understand that paying these receipts is not your concern. This is the responsibility of the owners alone.

According to this regulatory act, the common property of an in-house heating system includes:

• risers;
• heating elements;
• control and shut-off valves;
• collective heat metering devices;
• other equipment located on these networks.

However, when the need arises to change the batteries in an apartment (especially in a privatized one), both the owner and the management company interpret the legislation in their own interests. Due to regular judicial appeals, the need arose to clarify the normative act. To clarify the controversial situations, the Ministry of Regional Development of the Russian Federation sent letter No. 6037-RM/07 dated April 4, 2007, in which batteries in apartments are recognized as included in the common property of the building.

Replacing heating batteries in an apartment: do it yourself or through the housing office

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see also

• Redemption 1.

At whose expense should the heating radiators in the apartment be replaced?

Meeting of house residents In reality, it is difficult to imagine that a general meeting of residents will be held to agree on the replacement of each battery in the house. The responsibilities of the chairman of the HOA include monitoring the general heating system for the building. In addition, the thermal balance of the building is often disrupted through independent installation of new batteries, as a result of which the temperature regime in some apartments may be disrupted.

Attention

The chairman of the HOA whose temperature balance of the house has been changed must identify apartments with illegal installation and replacement of radiators in order to organize normal heating of the entire house. In the rules for the use of housing stock, control over unauthorized changes to heating equipment in apartments is assigned to the service organization. The homeowners' association can contact the housing office and dismantle the extra radiators illegally installed at the expense of the residents.

Who should pay for battery repair?

She must monitor the condition of the risers of the apartment building, heating pipes, and carry out repair work if necessary. Battery replacement is free of charge. If there are shut-off valves in front of the apartment, the owner of the property usually pays for the replacement of radiators. If the management company repairs the risers unconditionally, then the management company often refuses to change the equipment in the apartment for free.

ATTENTION! In this case, you should write an application for a replacement officially and register it. It is recommended that you consult with a lawyer experienced in utility law on this issue. If the management company ignores consumers and does not deal with its direct business, a written appeal will become the basis for going to court.

Who should change the heating batteries in an apartment, including a privatized one?

As a result, the homeowner independently buys and replaces the battery, providing heat in the house. ATTENTION! If the apartment owner independently repairs the heating system, he may demand compensation in the amount of the cost of the radiator. Unfortunately, even through the court it is difficult to achieve this compensation; the management company finds arguments in its defense.
Therefore, it is better to first consult with an experienced lawyer about when you can present an invoice to the Criminal Code before starting a controversial case. Main features of the process During operation, the batteries wear out and require replacement for better operation of the heating system. But radiators, as common property, are to be replaced in the apartment at whose expense. The management company may not consider such work necessary, and by law, the ability to independently repair common property is limited.

Who should replace a leaking battery in an apartment and at whose expense?

Simply put, if your battery is leaking, the management company will replace it. You need to call a specialist, and he is obliged to replace the device free of charge. It would seem nothing complicated. But in practice, things often happen differently.
The management company's employees may say that they do not have a replacement battery. They may offer to repair the old device or install plugs and ask you to wait. This wait usually drags on. Therefore, the owner cannot stand it and purchases a battery at his own expense, because no one wants to freeze in the cold season.

Important

If you nevertheless changed the battery in the apartment at your own expense, you have the right to demand compensation from the management company through the court. However, practice shows that such disputes are rarely resolved in favor of the owner. If you find yourself in this situation, it is advisable to contact a lawyer for professional help.

Who should change the batteries: responsibility of the parties, heating repair

Info

They classify actions to replace or complicate radiators as a procedure for refurbishing the premises, which requires coordination with the relevant authorities. But this point of view is erroneous, since the technical passport does not require indicating heating devices; it does not contain information about the location and availability of their quantity. Only a heat source is prescribed, for example, a thermal power plant. Consequently, homeowners cannot be forced to restore the premises to their original condition, as is the case with reconstruction.

But you need to notify the Criminal Code of your actions. Remember! Independent replacement of radiators in an apartment at your own expense requires mandatory notification to the service company. Notifying the service company when replacing radiators The simplest situation is considered to be when old radiators are replaced with new ones of the same type. But the rest of the work must go through examination.

Removal and replacement of emergency radiator. at whose expense?

But it is often very difficult to force the homeowner to remove an additional and illegally installed battery or return the heating structure to its previous form. A way out of the situation may be to file a lawsuit to compel action to dismantle the radiator. Lawsuit in court Are new heating devices included in the registration certificate of the premises? To install an additional heating element or modify an existing radiator, you must coordinate your actions with the HOA. It often considers such a process as re-equipment, which should be noted in the technical passport of the premises. The work of the HOA Many HOA chairmen believe that a new heating device or its modification is a reason to enter data about this into the registration certificate.

At whose expense should the batteries and plumbing in the apartment be changed?

According to it, the tenant himself repairs and maintains heating appliances in his personal apartment. But no one can, at will, change the composition of the property belonging to the common house. Replacing batteries Remember! The existing contradictory points in the law do not invalidate the main provision that classifies radiators in apartments as common property of the house.

And if the emergency radiators in your home require replacement and do not have shut-off devices, you need to contact the Housing Office and the management company with a request. If you refuse the above actions, you can write an official letter to the organization servicing the house, where you outline the situation and demand replacement of the batteries. And then, having studied housing legislation, file an application with the court to force the battery to be replaced.

Who pays for battery repairs?

It does not have a specific definition, but it is related to the ratio of heat supplied to the house and its losses, that is, ideally, the second factor should not exceed the first. With an appropriate balance, when gains and losses are equal, the required temperature is established in the building, necessary for the comfortable living of residents. Imbalance of the heating system can occur for various reasons, including due to open heating main lines as a result of long-term repairs of city heating networks and the installation of illegal heating radiators in apartments. Who should replace the battery in an apartment? Having registered housing as his own, a citizen sometimes has no idea that not everything in his apartment belongs to him personally. The provisions of the Housing Code of the Russian Federation explain what applies to common property.

This type of work is paid monthly by all residents of the house, both owners and tenants, according to the article “building maintenance and repairs.” When removing a radiator without subsequent restoration, this action must be agreed upon with the local management company, because, as stated, batteries are included in the common household property and interference with a closed thermal system may affect the temperature conditions of individual apartments. Replacing heating batteries with your own hands The ideal scheme for replacing heating batteries in an apartment through the housing office: an accident, calling a technician, fast and free installation - in reality, it rarely works. More often, there are situations when residents are forced at their own expense to remove and replace the old leaking radiator with a new one, which is purchased by the apartment owners themselves.

Replacing heating batteries in an apartment: do it yourself or through the housing office

Homeowners can decide at a collective meeting that apartment heating appliances in their home will be changed only for an additional fee. This provision must be reflected in the management agreement.

Management Agreement Does the tenant have an obligation to pay for replacement radiators? The above “Rules for the maintenance of common property” apply not only to owners, but also to citizens living in non-privatized housing and who do not have a legal basis for its ownership and disposal. Plumbing services The specified document contains a list of common property: it also includes a common heating network, consisting of risers, radiators, shut-off valves and other equipment.

In addition, it also contains an indication that the necessary actions with common property are paid for by the management company from payments collected under the line of current repairs.

At whose expense should the heating radiators in the apartment be replaced?

In this list:

• risers;
• shut-off and control valves;
• collective metering devices, heating elements.

According to this decree, radiator designs can officially be considered common property, community property. But management companies and housing office companies servicing the house prefer to hide this information.

And as a result, residents and apartment owners, when the battery leaks, try to repair it themselves. Replace with a similar or more advanced, improved design.

Management companies save on repair work by shifting their responsibilities to consumers. Changing a radiator in a municipal house In a non-privatized apartment, the owner of the premises must replace the batteries due to leakage, poor heat transfer or wear.

Residents should know who owns the house and who maintains it.

Who should pay for battery repair?

How to change the heating in this case? ATTENTION! If you need to change the heating elements in your apartment yourself or equip it with improved batteries, this can only be done with the consent of all owners of the apartment building. Now apartment owners are carrying out large-scale work to improve their homes, changing the layout, location of the plumbing and heating systems in the room.
Installation of new radiators without the consent of the remaining residents of a multi-story building is considered arbitrariness. The violator may even be held accountable, especially if the heating operation is disrupted or its quality has decreased.

In the event of a pipe or battery leak, the replacement is mandatory by the management company. Also, at the expense of the management company, the heating system is modernized if its service life has expired.
How to get permission? Older models of heating devices may not meet quality requirements.

Who should change the heating batteries in an apartment, including a privatized one?

• 1 Battery in an apartment: whose property?
• 2 At whose expense are the batteries in the apartment replaced?
• 3 What difficulties may arise when replacing the battery in an apartment?

The question of who should change the heating batteries in an apartment becomes especially acute with the onset of cold weather. After all, if the battery leaks or there is not enough heat in the house, replacement cannot be avoided.
In this article we will figure out who owns the batteries in the apartment and at whose expense they are replaced. Battery in an apartment: whose property? Government Decree No. 491 of August 13, 2006 determined the composition of property that is considered common.

Who should replace a leaking battery in an apartment and at whose expense?

What difficulties may arise when replacing the battery in an apartment? What should an owner or tenant do under a social tenancy agreement if the batteries in the apartment are in working order, but are obsolete? In this case, you can replace them only at your own expense, since the management company is not obliged to do this. This is where difficulties arise. Since the battery in your apartment is a common property, the tenant’s ability to replace it himself is limited by law.
In accordance with Art. 44 and art. 46 of the Housing Code of the Russian Federation, the battery, being part of the common property, can be replaced only with the consent of all owners at the meeting. If you ignore this fact, replacing the battery in the apartment will be regarded as unauthorized disposal of common property, which entails certain liability for the violator.

Who should change the batteries: responsibility of the parties, heating repair

For example, if the batteries purchased by the owner do not correspond to common house heating devices, then the HOA may prohibit their installation. The apartment resident must carry out such work through the housing office and coordinate with his service organization the replacement of batteries.

If it establishes similar ones to those that were provided for during the design and construction of the house, it is enough just to notify the management company without waiting for a special permit. Coordination of work with the HOA When replacing radiators with heating devices of a different type (different from those envisaged by the architects), increasing its area or choosing a new installation location, an experienced specialist is required who will help calculate the possibility of installing heating devices, since the load on all thermal home network.

Removal and replacement of emergency radiator. at whose expense?

She will confirm that the installation of radiators will not negatively affect the overall heat balance. After receiving recommendations, you can begin work.

Attention

Expertise is required for the following actions:

• moving the battery to another location;
• installing a new type of radiator;
• Battery configuration changes.

Examination of failed radiators The management company refuses to change the batteries. What should I do? Despite existing legislation and obstacles to replacing batteries yourself without contacting the housing office, dismantling old radiators and installing new radiators on your own is much easier than waiting for these actions from the management organization.

When refusing to replace heating appliances, housing office representatives rely on the concept of “balance sheet delineation” of property belonging to the owners and the entire house.

At whose expense should the batteries and plumbing in the apartment be changed?

Can I change the batteries myself? The housing law, which classifies heating radiators as common property of the condominium, narrows the possibilities for dismantling and installing new radiators by apartment residents. Having decided to dismantle such an old device and install a new one without the help of the housing office, the tenant risks encountering many obstacles. The same document indicates that the removal or installation of an apartment heating device can only be carried out by a decision adopted by a majority vote of all home owners. If there is no agreement, independent activity to change the configuration of heating appliances in your apartment will be considered as sole management and disposal of the condominium property. And for any failures in the heating system, it will not be the housing office that will be held responsible, but the resident of the apartment personally.

Who pays for battery repairs?

Often, apartment owners think about choosing craftsmen to carry out installation work. You can call specialists from a private company who will carry out the work quickly, using professional equipment.

Info

But it is better to use the help of specialists from the housing office or the management company; they know better the specifics of laying utilities in the house, the location of the taps, and know how to change the heating without problems for other residents. In the event of a leak in the heating system, the owner of the apartment will not have any claims.

It is also beneficial to contact “local” plumbers if the heat meter is broken; they will carry out the work professionally. The management company refuses to change radiators - what should residents do? The management company servicing the apartment building deals with the repair of the municipal heating system and replacement of its elements within the building.

Having seen another receipt, or even a pile, in the mailbox, many owners wonder whether it is worth transferring the amount of debt that is indicated on them? Everyone wants to figure out how to get rid of unnecessary spending of money.

But doesn't this position threaten big problems in the future? So we come to a simple thought: we need to figure out whether such a position is legal.

Who should pay and who shouldn't?

The legislation provides for cases in which contributions for major repairs may not be paid.

But there are not many of them, let’s look at the payments: are they universally mandatory?

Nature of fees: can I refuse?

The Housing Code of the Russian Federation makes it clear that the maintenance of housing, as well as its repairs, must be carried out in full at the expense of the owner.

LAW!“Owners of premises in an apartment building are required to pay monthly contributions for major repairs of common property in an apartment building, with the exception of cases provided for in Part 2 of this article, Part 8 of Article 170 and Part 5 of Article 181 of this Code, in the amount established in accordance with Part 8.1 Article 156 of this Code, or, if the corresponding decision is made by the general meeting of owners of premises in an apartment building, in a larger amount.” (Part 1 of Article 169 of the RF Housing Code)

Considering that most apartment buildings today are in unsatisfactory condition, their renovation will be expensive for residents.

However, the state does not oblige you to spend large sums on a monthly basis for these purposes. The legislation provides for payments established based on the minimum standard of payment per square meter of area.

IMPORTANT! The tenant of a social apartment is not required to pay fees, as he is not the owner of the premises.

Therefore, it is worth thinking carefully or not.

But many owners do not want to give this amount. So, what are the grounds for non-payment?

Residential buildings that do not pay receipts

There are several cases where you can avoid paying the fee for an entire apartment building.

The main ones are defined by Part 2 of Article 169 of the Housing Code:

1. the building is in disrepair and is subject to demolition (payment without major repairs will not be made in the future);
2. houses located on land seized for state and municipal purposes.

Lawyers name several other ways permitted by the legislator to avoid fulfilling this obligation:

1. 50% of funds have been collected from the minimum level determined by the regional standard (Part 8 of Article 170);
2. The regional fund can count against the future payment period repair work already carried out if it was included in the plan.

And although we have not come across examples of the implementation of the last point in practice, the editors of the site do not give up hope of finding eyewitnesses. If you know such cases, be sure to write in the comments to the article.

Certain categories of owners

Lawyers from time to time encounter requests from owners who, according to the terms of the law, are entitled to compensation, but they do not receive it.

The fact is that You must submit an application in two copies for the administration and the regional fund. It must indicate the grounds for receiving compensation, which will be supported by articles from the laws.

ATTENTION! The lack of initiative on the part of an interested party who has all the rights to reduce or cancel such a fee will work against him. And the previously transferred amounts will remain in the fund’s accounts and will not be returned.

Non-payment if major repairs have already been carried out

New season and new problems. This is probably how we need to start our next excursion into the troubles of utility consumers. This time, the stumbling block was the pipes, or rather, the neighbors' floods due to broken drainpipes. This is where it’s time to ask the question “Who is to blame?”

Situation No. 1: if the apartment is not privatized

You live in a non-privatized apartment that the state once “gave” to you (your parents). In other words, you are a tenant of a residential premises of the state housing stock, you live on the basis of a rental agreement for residential premises, which was concluded on the basis of an issued warrant (Article 61 of the Housing Code). The landlord in this situation is the enterprise (institution, organization) that provided you with housing. And suddenly a pipe burst in such an apartment. The question arises: who will pay for the cost of repairs both in your apartment and in the apartments of your flooded neighbors?

So, Art. 179 of the Housing Code provides for mandatory compliance by residents (tenants) with the Rules for the use of premises of residential buildings and dormitories (approved by Resolution of the Cabinet of Ministers No. 572 of October 8, 1992, as amended by No. 45 of January 24, 2006). In accordance with these Rules, owners (tenants) are obliged to ensure the safety of residential and utility premises and technical equipment (clause 7). Art. 176 of the Housing Code, the lessor is obliged to ensure uninterrupted operation and maintenance of engineering equipment. In addition, if you need urgent repairs to engineering equipment, and the lessor has not provided you with such assistance, you have every reason to carry out the repairs at your own expense and recover the cost of repairs from the lessor. Of course, at one time the landlord entered into a corresponding agreement with the Housing Office (transferring your house to it for balance), which provides you with all utilities (Article 24 of the Housing Code). Therefore, all issues of operation and maintenance of pipes, plumbing and other similar equipment are assigned to the housing office. The conclusion suggests itself: if the “flood” occurred through the fault of the housing office, then all responsibility, including payment of material damage, is the responsibility of the housing office.

But this is the simplest option. In practice, the situation is much more complicated: it is very difficult to prove the guilt of the housing office, since the employer is responsible for ensuring the safety of the equipment. Moreover, there is a “cunning” art. 20 of the Law “On Housing and Communal Services”, which establishes the obligation of the consumer of housing and communal services (residing citizen) to take timely measures to eliminate detected problems related to the receipt of housing and communal services that arose through the consumer’s own fault. In other words, if you saw that your pipe was somehow “behaving strangely,” you were obliged to immediately call the housing office foreman. Moreover, simply calling by phone is not enough in our reality - you should get the date, time and number of your application, which was recorded by the dispatcher. It is precisely such a statement that can serve you well in the event of finding out who is right and who is wrong.

Another incident that may lead to the obligation to pay the cost of repairs at your expense is also established by this article: the consumer is obliged, at his own expense, to repair and replace sanitary fixtures and devices, equipment that has failed due to his fault. Just think about how Italian equipment can interact with domestic pipes? Of course, they will be in a state of eternal conflict and hostilities, the consequences of which will not have to wait long - the neighbors will be flooded again. To avoid such troubles, you should change the plumbing only with the consent of the landlord and his efforts, but at your expense. This means that all plumbing and repair work must be performed upon your written request by the craftsmen of the housing office serving you. Otherwise, get ready to fork out money - first for an outside plumber, and then for eliminating the consequences of his work. The law in such a situation is against you - unauthorized installation of plumbing.

Situation No. 2: if the apartment belongs to a cooperative

You, as a member of a housing construction cooperative, live in an apartment that belongs to it by right of ownership. Everyone knows that until you make the last share payment for your home, the apartment will be owned by the housing cooperative. Therefore, the entire situation described above fully applies to citizens who are members of the housing cooperative. The only difference is that the subject of liability in this case will be the housing cooperative (Article 176 of the Housing Code).

Situation No. 3: if the apartment is privately owned

If you are the owner of privatized housing, your multi-apartment residential building is serviced either by a housing office, or an organization of co-owners of multi-apartment buildings (OSMD) has been created in it. Then you, by virtue of Art. 151 of the residential complex, are obliged to ensure the safety of the residential premises and carry out current and major repairs at their own expense. In accordance with the Law on Housing and Communal Services (Article 21), the contractor (i.e., the utility service serving your home) is obliged to monitor the technical condition of the engineering equipment of both the entire house and the apartment. At the same time, residents should know that, in accordance with the Resolution of the Cabinet of Ministers No. 630 of July 21, 2005 “On approval of the Rules for the provision of services for centralized heating, supply of cold and hot water and drainage and a standard agreement for the provision of services for centralized heating, supply of cold and hot water and drainage,” representatives of public utility services must inspect the intra-building systems of an apartment building twice a year (with the preparation of a corresponding report). If you need to conduct a scheduled inspection of the utilities located in your apartment, the housing office, housing cooperative, condominiums (the organization serving you) are required to agree with you no later than three working days before the inspection, the time of access to the apartment, and they must do this in writing ! If utility workers discover a malfunction or such a malfunction arose through their fault (say, a pipe leaked due to a pressure drop), in accordance with paragraph 32 of the mentioned Resolution, the service is obliged to promptly correct the malfunction at its own expense.

Anyone who has ever encountered the work of a housing office knows that the main motive for refusing repairs at their expense (not to mention compensation for damage caused to neighbors’ property) is the argument: your pipe is your responsibility. Let us clarify: the issues of delimiting responsibility for pipes are resolved by the same Resolution No. 630. So, the distribution points at which the transfer of services from the contractor to the consumer is carried out are considered to be branches from the risers within the apartment (for heating pipes); after the first water shut-off valve on a branch from the riser in the consumer’s apartment (for hot and cold water); drain hole of a sanitary fixture (for drainage). All of the above applies only to apartments located in multi-apartment residential buildings.

Thus, you are responsible for that part of the pipe that is in your apartment. The exception is cases when the breakthrough occurred due to the work of utility workers (high pressure, defrosting of central pipes, poorly installed plumbing). As for the remaining pipes, they are in the common property of all neighbors, therefore the responsibility for their maintenance and servicing is transferred to the balance holder.

Algorithm of actions in case of a flood

After you have eliminated the cause of the flood and recorded its consequences on camera, you need to take care of possible compensation for damage through a court decision (if you are absolutely sure that it will not be possible to reach an “amicable” agreement). To do this you will have to collect all the necessary documents.

1. First you need to contact the organization that services your home. The sooner you do this, the better. Formally, it is enough to call the housing office or condominium association, but it would be more effective to appear in person and write an application addressed to the head of the service organization (with information about the flood and a request to draw up the appropriate Flood Report). Sometimes housing office workers may suggest that you do not draw up an act, but limit yourself to a simple inspection of the apartment. In this case, try to insist that the act be drawn up, because this document will be necessary when going to court.

2. Employees of the organization servicing your home (as part of a commission, which usually includes a site foreman, a plumber, the chief engineer of the housing office and a representative of the house management) will come to your home to draw up an act recording the time, place and degree damage (report of flooding of the apartment or report of inspection of the accident site) and a defective statement. These will be your first and most basic documents as evidence.

The act of flooding of an apartment must describe in detail what happened in your apartment with a mandatory indication of the possible causes of this incident. The act must also indicate the date it was drawn up, the place where it was drawn up (full address of the apartment), the names and positions of the persons who drew up the act. If it is obvious that the culprit of the flood is a neighbor, it is desirable to have his signature in the act, but it is almost impossible to force him to do this. In addition, the act must contain a detailed inventory of things damaged as a result of flooding. Such an inventory is called a defective list. This document must be completed, as it indicates the nature and causes of the damage caused. The report also indicates possible hidden damage, because water leaking through the cracks may appear in one place or another several days later. The drawn up act remains with you until the issue of compensation for the damage caused is resolved.

3. After drawing up the report, it is necessary to assess the damage caused to your apartment. This assessment is carried out by companies specially created for this purpose for a certain amount of money. The cost of damaged items is established using reports, receipts, and price lists. Thanks to this, you will have another document - a report on the amount of damage. With these documents in hand, you can make another attempt to negotiate with your neighbors. Usually such written evidence is enough for neighbors to agree to “voluntarily” compensate for the damage caused. In this case, you can safely begin the repair.

4. If the neighbors again refuse to resolve the case amicably, you will have to wait for the repairs and take the documents to court. The following documents will need to be submitted to the court: 1) statement of claim; 2) a copy of the certificate of ownership of the residential premises or the lease agreement; 3) act on the flooding (flooding) of the apartment; 4) conclusion of an independent appraiser on the damage caused (report on the amount of damage); 5) estimate for restoration repairs; 6) receipt for payment of the court fee.