What can be cooked from squid: quick and tasty
Legal advice:
1. We were flooded from the attic, the housing cooperative said The homeless man ripped off the tap, who then pays for the repairs.
1.1. Svetlana, you need to file a lawsuit against the housing cooperative. They did not ensure the safety and security of your property. It was necessary to close the attics, and not make them a haven for homeless people.
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1.2. The management company must compensate for the damage. Make a damage assessment and file a claim. Give 10 days to transfer money to you. If there is a refusal or do not receive an answer, then go to court. The state duty for such a claim is not paid; you can also ask for compensation for moral damage and legal costs in court.
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1.3. Uv. Svetlana, you need to make statement of claim, as a defendant, it is necessary to indicate the housing cooperative.
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2. The tap on the hot water riser was blown off. Is this the area of responsibility of the housing department or mine?
2.1. If the valve is located directly on the riser. , then this is the area of responsibility of your housing department. Good luck and all the best.
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2.2. The area of responsibility of the managing organization ends at the first locking device in the apartment. The rest is in charge of the apartment owners. If this is the first crane and you did not install it yourself, then you may well claim damages from the Criminal Code.
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2.3. Depends on Where the tap is located. If the screen is located at the junction, then it belongs to the zone of the housing department, if on the bent pipes, then to the owner.
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2.4. Until the first disconnecting element, this is common property, the rest of your property. (Resolution of the Government of the Russian Federation of August 13, 2006 N 491 "On approval of the Rules for the maintenance of common property in apartment building").
"5. The structure of the common property includes intra-house engineering systems cold and hot water supply and gas supply, consisting of risers, branches from risers to the first disconnecting device located on the branches from the risers, the indicated disconnecting devices, collective (common house) metering devices for cold and hot water, the first shut-off and control valves at the outlets of the in-house wiring from the risers, as well as mechanical, electrical, sanitary and other equipment located on these networks. "
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3. The flexible hose on the hot water tap has been torn off.
3.1. If the bay, then the owner of the apartment is responsible for such a malfunction. After all, according to the law, he must monitor the state of his property. If damage is caused by the bay to third parties. Then the owner reimburses it.
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4. How to dispute the guilt of the Gulf if the Mayevsky tap was torn off on the batteries.
4.1. --- Hello, no matter how you dispute.
Article 210. Burden of maintenance of property
[Civil Code of the Russian Federation] [Chapter 13] [Article 210]
The owner bears the burden of maintaining the property belonging to him, unless otherwise provided by law or contract.
Good luck.
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4.2. Can be challenged if you can prove no fault (pressure surge)
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5. I twisted the tap and tore off the seal what they were doing.
5.1. Write an application to Vodokanal for re-sealing.
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6. Accidentally tore off the seal on the tap of the water utility. What a fine threatens.
6.1. Administrative responsibility is provided for this -
Article 19.2 of the Administrative Code of the Russian Federation - Intentional damage or disruption of the seal (seals)
Intentional damage or disruption of a seal (seal) imposed by an authorized official, except for the cases provided for by part 2 of Article 11.15 and Article 16.11 of this Code, -
shall entail a warning or the imposition of an administrative fine on citizens in the amount of one hundred to three hundred rubles; on officials- from three hundred to five hundred rubles.
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7. A fire hydrant in the bathroom was blown off in the apartment. Who is responsible for this incident? The Criminal Code claims that all the cranes that are after the risers are the responsibility of the homeowner.
7.1. You have a project crane, study carefully the management agreement, there must be defined the limits of responsibility. Before the shut-off valve (fireman)? Did the developer do the welding?
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8. The faucet on the hot water riser has broken (leaked) in the apartment. They called the plumbers from the housing and communal services, they announced the price of 1,500 rubles. The tenant refused to pay and wrote a refusal. Then the crane was torn off and the residents of the lower floors were flooded. Who is to blame for this situation from whom to recover compensation for repairs?
8.1. --- Hello, the owner of the apartment and is guilty of flooding the apartments below.
Yours faithfully, lawyer A.V. Ligostaeva
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8.2. Anastasia Nikolaevna! If the tap on the pipe from the riser is ripped off - the fault of the management company.
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8.3. The owner is to blame "Civil Code Russian Federation(part one) "dated 30.11.1994 N 51-FZ (as amended on 16.12.2019)
"" Civil Code of the Russian Federation Article 210. Burden of property maintenance
"" The owner bears the burden of maintaining his property, unless otherwise provided by "law" or contract.
"Open full text document "
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9. Good day. Rented apartment. The hostess lives in the north. The other day I tore off some kind of coupling near the hot water pipe. Floor taps do not work in the apartment. It is necessary to replace part of the pipe and replace the valves. To do this, you need to block the riser. Criminal Code requires payment. But they have no information about the owners. This means that there is no contract. This pipe was changed and installed by the previous company, which disappeared. Are the actions of the current Criminal Code sound?
9.1. Are the actions of the current Criminal Code sound?
It is not entirely clear what specific "actions" are meant.
If there is a demand for payment for services rendered, then this demand is completely legal. The Criminal Code has the right to demand payment from citizens for services rendered.
If we are talking about the repair of communications, which are common house property, then the Criminal Code must carry out the work at the expense of the budget provided specifically for these purposes. ;-)
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10. We flooded our neighbors down two floors, blew off the first tap from the riser. That is, this is common property. What is the best way to act at the moment - to reimburse the neighbors for losses immediately or to do an examination? If you refund immediately, will it be possible to get this money back from the uk?
10.1. If you can prove in court that the flooding occurred through the fault of Exercise. company, then let the neighbors sue. But you will need the services of a lawyer, since the company will forcefully shift the blame onto you. it's up to you, good luck！
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10.2. Contact the Criminal Code to draw up an estimate and an act of flooding the apartment. Submit a written claim (Const. Prospect Island 470 apply). In case of refusal, go to court with a claim. I do not advise you to pay for the damage at this stage.
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11. This morning the neighbors were flooded down two floors. The first tap from the riser was blown off, that is, it must belong to the house. What should I do in this situation?
11.1. Egor, call the Criminal Code, neighbors and draw up an act of flooding and establishing the fact of a leak - a broken tap.
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12. My son died on January 17, on January 19 a tap in the apartment blew off and a neighbor flooded. They promised to send the case to court.
12.1. Vologda!
Article 1175 of the Civil Code of the Russian Federation Liability of heirs for the debts of the testator
1. The heirs who have accepted the inheritance are jointly liable for the debts of the testator (Article 323 of the Civil Code of the Civil Code).
Each of the heirs is liable for the debts of the testator within the value of the inherited property transferred to him.
2. The heir who accepted the inheritance by way of hereditary transmission (Article 1156 of the Civil Code of the Russian Federation) is liable within the value of this inherited property for the debts of the testator, to whom this property belonged and does not answer with this property for the debts of the heir, from whom the right to accept inheritance.
3. The testator's creditors shall have the right to present their claims to the heirs who have accepted the inheritance within the statute of limitations established for the respective claims.
Before the acceptance of the inheritance, the claims of creditors may be presented against the executor of the will or against the inherited property.
In the latter case, the court suspends the consideration of the case until the inheritance is accepted by the heirs or the transfer of escheated property by way of inheritance to the Russian Federation.
Upon presentation of claims by the testator's creditors, the limitation period established for the relevant claims shall not be subject to interruption, suspension and restoration.
Good luck Vladimir Nikolaevich
Ufa 10.10.2018
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12.2. The inheritance is opened with the death of the testator. After the death of a son, his heirs bear the burden of maintaining the property. You will be liable for the harm if you do not prove that it was caused through the fault of other persons (for example, when installing a crane).
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13. In a non-residential apartment a tap was blown off and flooded neighbors from the 4th floor, how can this issue be resolved. It was not flooded.
13.1. Sergey. The owner is responsible, negotiate with the neighbors, if not, then they can recover through the court, the amount of damage must be justified, for example, by the conclusion of an expert appraiser.
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13.2. In case of going to court.
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Consultation on your question
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14. Such a question. Before the start of the heating season, they began to fill the systems with water in the apartment, Mayevsky's tap was blown off, as a result, the apartment was flooded from below, but not much. Neighbors demand 7 thousand or they go to court. who is to blame for this situation, and who should pay for the repairs.
14.1. Heating system in accordance with the Rules for the maintenance of common property of owners apartment building is part of the common property. Before the stopcocks, if a leak has occurred, then the HOA (or the Criminal Code, depending on what you have) is responsible. You are not to blame for this gulf. Perhaps the heat supply organization is to blame, which gave a pressure greater than necessary during the pressure test.
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15. In our house, the batteries were tested and the tap was blown off. The apartment is on the top floor, the house is old. There was a very strong fountain, it was good that we were not far from the house, but the apartments below us were damaged. There were no job announcements. Who is guilty? UK says that we, but we think that the pressure was high and we have a valve for bleeding air all over the riser. Who is to blame in this case? Thanks.
15.1. It was the crane that blew off? Is the call of the emergency brigade documented? Submit a request to the heat supplier - was it tested, was water supplied that day after suspension?
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15.2. You need to apply in writing to the Criminal Code with a requirement to explain what work was carried out. Then walk through the residents of the flooded apartments and find out if the acts on the bay have been drawn up. Further, depending on the wishes of the victims. If there are no claims, then take a corresponding receipt from them, if the act has not yet been, but they plan to be present personally, if the act has already been drawn up to inspect the apartment for the coincidence of the damage caused to the records in the act. Then you can write a claim to the Criminal Code demanding compensation for damage, wait for an answer and make a decision on going to court. For a more accurate answer, you need to understand the situation in more detail.
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16. Please tell me. Who should pay for the repair. If the tenant rented an apartment and flooded the neighbors. At the same time, the tap was blown off by the pressure of water?
16.1. The owner is fully responsible for the damage. You should also look at the terms of the lease under the contract. Good luck and all the best.
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16.2. Responsibility in this case is borne by the owner of the apartment in accordance with Article 209 of the Civil Code of the Russian Federation. But if the tenant is guilty, he has the right to recover this damage from him after compensating the damage to the neighbors.
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16.3. Harmful.
Article 1064 of the Civil Code of the Russian Federation. Harm inflicted on the person or property of a citizen, as well as harm inflicted on property legal entity, is subject to compensation in full by the person who caused the harm.
By law, the obligation to compensate for harm may be imposed on a person who is not the cause of harm.
A law or a contract may establish the obligation of the causer of harm to pay compensation to the victims in excess of compensation for harm. The law may establish the obligation of a person who is not the cause of harm to pay compensation to the victims in excess of compensation for harm.
(as amended by Federal Law of 28.11.2011 N 337-FZ)
2. A person who has caused harm shall be exempted from compensation for harm if he proves that the harm was caused through no fault of his. The law may provide for compensation for harm even in the absence of the fault of the causer of harm.
3. Damage caused by lawful actions shall be subject to compensation in the cases provided for by law.
Compensation for harm may be denied if the harm was caused at the request or with the consent of the victim, and the actions of the tortfeasor do not violate the moral principles of society.
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17. I blew off the tap in the bathroom. 5 tons of water leaked under the bridge. Is it possible to pay at least half for the water what documents for this npdo.
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18. The house is new! On guarantee. I bought an apartment from a shareholder. Replaced filter taps and meters, as neighbors said they often break them because they are unreliable. Propylene pipes from the developer.
Almost a month has passed since the replacement. And then one fine morning tore off the adapter sleeve from the polypropylene to the tap. What to do? Claims to whom? And how to proceed further?
18.1. Contact the Criminal Code of your house, let them draw up an act with the involvement of neighbors, do an examination of the damage and write a claim with a claim for damages to the Criminal Code and wait 10 days later in court.
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19. Our crane was blown off and our neighbors were flooded. I am 73 years old and I am disabled of the 2nd group. Insurance Company paid a neighbor the damage, and sued me for reimbursement of costs.
19.1. in this case it is possible, it is necessary to appoint an expert examination in court and determine the damage, or, if possible, negotiate with them.
"Civil Code of the Russian Federation (part two)" dated 26.01.1996 N 14-FZ (as amended on 23.05.2018)
Article 965. Transfer to the insurer of the rights of the insurant to compensation for damage (subrogation)
1. Unless otherwise provided by the property insurance contract, the right of claim that the insured (beneficiary) has against the person responsible for losses reimbursed as a result of insurance passes to the insurer who paid the insurance compensation, within the limits of the amount paid. However, the term of the contract precluding the transfer to the insurer of the right to claim against the person who intentionally caused losses is void.
2. The right of claim transferred to the insurer shall be exercised by him in compliance with the rules governing the relationship between the insured (beneficiary) and the person responsible for losses.
3. The insured (beneficiary) is obliged to transfer to the insurer all documents and evidence and to inform him of all the information necessary for the insurer to exercise the right of claim transferred to him.
4. If the policyholder (beneficiary) has waived his right of claim against the person responsible for the losses reimbursed by the insurer, or the exercise of this right has become impossible due to the fault of the policyholder (beneficiary), the insurer is released from payment of insurance compensation in full or in the relevant part and has the right to demand a refund overpaid amount of compensation.
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20. In my apartment, due to the high pressure, the tap blew off and flooded my apartment. At the neighbors below, water only flowed through the riser, the furnishings and property were not damaged. How to fix the absence of claims on their part to me?
20.1. Take from them a simple receipt that in fact of the flooding of such a number of claims to you they have no material and moral injury they are not caused.
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21. In my bathroom, the thread on the tap was ripped off, I was at work and it ran down to the neighbors. They have suspended ceiling and tiles on the walls, there was no visible damage, but there was water on the floor. The neighbor wants us to change the suspended ceiling and wiring in the bathroom or with money (I'm afraid to ask how much) or he will sue us. What is the right thing to do in such a situation?
21.1. In addition to the neighbors' words that they allegedly suffered, there must be supporting documents: an inspection report, an expert opinion on the amount of damage, etc.
Let the neighbors first provide evidence of the damage caused to them by your actions (inaction)
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22. In July, they put a seal on the tap in front of the meter for failure to pay a week later, the seal was torn off unauthorizedly and began to be used in November, gas workers came again and for unauthorized breaking of the seal they cut off the pipe, the debt was 10 thousand rubles at the moment the debt has been repaid, but a fine came for breaking the seal in the amount Is 58,700 rubles legitimate or not?
22.1. In July, they put a seal on the tap in front of the meter for non-payment a week later, the seal was torn off unauthorized and began to be used in November, gas workers came again and for unauthorized breaking of the seal they cut off the pipe the debt was 10 thousand rubles at the moment the debt has been repaid but a fine for breaking the seal in the amount of 58,700 rubles came Is it legitimate or not?
Answer: What do you think?
Pouring the neighbors' apartment downstairs is an unpleasant thing. Often tenants try to agree amicably, do not deny their guilt and try to compensate for the damage, but this is not correct. Who is to blame for the flood and when? Who should compensate for the loss of a flooded neighbor?
The riser burst
According to the "Rules for the maintenance of common property in an apartment building", the riser pipes located in the apartment, their branches, as well as the first taps on the way from the riser are common property. If, for example, the joint between the riser and the water supply pipe to your apartment burst, or the tap is torn out, then the public utilities are to blame for this, more precisely - the operating organization, to which the resident or the owner of the apartment pays monthly "for maintenance and repairs." Most often it is a private or state management company (MC). The same organization must compensate for the damage suffered by the neighbors from below.
By the way, according to the "Rules of technical operation housing stock”, Representatives of the Criminal Code must check the riser and the first tap in each apartment at least twice a year. They don't? Their problems. Utilities will be able to evade responsibility only if they prove that the tenants deliberately refused to let them in or that they themselves seriously damaged the pipe or tap.
A poor-quality pipe is leaking or a locksmith cheated
In accordance with article 1095 of the Civil Code of the Russian Federation, damage caused as a result of structural defects of the goods is subject to compensation by the manufacturer and the seller (at the choice of the victim). That is, if a pipe or a crane with a factory defect has been "pushed in" for you, and as a result, you and your neighbors have been flooded from below, then you can jointly file a claim in court for damages against the seller low-quality goods... Try to purchase similar products from the store, and keep the packaging and receipt. The presence of a factory defect can be proved with the help of a construction expert opinion, therefore it is better to save a burst pipe or a damaged crane.
A similar rule applies if you were provided poor quality service, in other words, cheated. For example, you invited the wizard to connect washing machine or replace the tap with a new one, and after a month or two the apartment was flooded from below. It is possible to find out whether there was a hack-work with the help of a construction expertise. To be on the safe side, it is worth concluding a contract for all such work.
Water hammer
Water hammer, or water hammer, is a short-term, but sharp and strong increase in pressure in the pipeline with a sudden deceleration of the water flow. In principle, water shocks as such in the water supply system of a house should not be, to prevent them is the direct task of public utilities. If a water hammer happened, and as a result, damage occurred, this is in most cases the fault of the managing organization.
Water hammers occur if locksmiths install a ball valve rather than a valve that is familiar from Soviet times on the branch from the riser, in violation of the current SNiPs and JVs. To prevent a water hammer from happening, such a valve must be opened very slowly, otherwise, for example, the flexible hose that is located after it may burst. The current joint venture "Internal water supply and sewerage of buildings" clearly indicates: the design of the tap at the entrance to the apartment should "ensure smooth opening and closing of the water flow." That is, if there is a “wrong” tap at the entrance to the apartment, then the management company is also responsible for this. However, even in this case, it will hardly be possible to prove the guilt of the utilities without conducting a construction expertise.
Housing and communal services / Management companies and HOAs
Who is responsible for the condition of the first hot and cold water? Apartment owner or management company (HOA)? One way or another, every apartment owner faced these questions. Faucet - drip, at whose expense is the replacement? The crane was ripped off - who will pay for the damage? So, the Supreme Court of the Russian Federation in its decision asserts: the management company is responsible for the condition of the first from the riser of the crane.
Who is responsible for the first water tap from the riser in the apartment?
Hot and cold water in apartments apartment buildings served on the so-called "risers". From them, through the "taps", intra-apartment wiring is carried out at points of consumption (sinks, bathtubs, toilets, etc.)
In this case, the risers are part of the common property and the management organization (HOA, management company, etc.) is responsible for them. And the owner of the apartment is responsible for the "taps". The border of responsibility runs along the first crane after the "riser". But who is in charge of the crane itself?
The current legislation interprets this moment as follows:
In particular, clause 5 of the Rules for the maintenance of common property in an apartment building says:
... The structure of the common property includes in-house engineering systems of cold and hot water supply, consisting of risers, branches from risers to the first disconnecting device located on the branches from the risers, the indicated disconnecting devices, collective (common house) metering devices for cold and hot water, the first shut-off and control valves at the outlets of the in-house wiring from the risers, as well as mechanical, electrical, sanitary and other equipment located on these networks ...
(Rules for the maintenance of common property in an apartment building, Clause 5)
Everything seems to be clear - the first cranes from the riser are part of the common property. However, in real life, utilities operate according to their own logic. Here is one of the stories.
An accident occurred in the apartment of a resident of Magadan - a tap on the “comb” of cold water, located at the outlet from the riser, was blown off. Water flooded the apartment and spilled into the apartment one floor below. The total amount of damage was more than 10,000 rubles.
Management Company Voluntarily refused to compensate for the damage. The landlady had to go to court. The Magadan City Court upheld the plaintiff's claims. However, the public utilities challenged the decision in the regional court. They motivated their position by the fact that the owners of the apartment put the ill-fated "comb" on their own, not observing technical requirements to these types of work. Accordingly, they are not responsible for the condition of the independently installed crane, and they are not obliged to compensate for the damage.
The final point in the proceedings was set by the Supreme Court of the Russian Federation, where the owner of the apartment applied. The judgment of the Court states:
... The first shut-off devices and shut-off and control valves at the outlets of the apartment wiring are elements of in-house engineering systems designed to perform the functions of hot and cold water supply, gas supply, as well as the safety of the premises of an apartment building.
Providing the supply of utility resources from utility networks to intra-apartment equipment, these elements change the parameters and characteristics of intra-building engineering systems, thereby influencing the maintenance of other premises of the apartment building.
Taking into account the data technical features the first disconnecting devices and shut-off and control valves meet the main feature of common property as intended to serve several or all premises in the house. The fact that the specified equipment is located in the apartment does not mean that it is used exclusively for servicing this room and cannot be attributed to the general one.
Circumstances indicating that the emergency plumbing equipment belonged to the property of S. Yu. Bilenko, or to the common property of the residents of the apartment building, were legally significant and subject to proof.
When considering the case, the court of appeal referred to the fact that Bilenko SV. along with the replacement and refurbishment of internal engineering networks, which are its property, the shut-off valve (shut-off and control valves) was replaced at the junction with the outlet from the common cold water supply riser, which caused the leak, and which is the common property of the owners of the apartment building.
The plaintiff disputed these circumstances, but the appellate court did not check them and did not establish for certain.
Simultaneously replacing the shut-off valve does not free the managing organization - LLC Zhilservice from the implementation of its responsibilities for the maintenance of the common property of an apartment building, entrusted to the company by the concluded agreement ...
Full text of the definition of the board of the Supreme Court of the Russian Federation in this case.
In one apartment building there was a communal accident. Due to the breakdown of the tap on the cold water riser in one of the apartments, a pipe burst and a flood occurred. The owner of the apartment demanded compensation from the management company. To the costs of eliminating the consequences of the flood, she added moral damage and the cost of expertise. In the lawsuit, the woman pointed out: the management company “improperly fulfilled its obligations to maintain the common property of the apartment building”.
What did the courts decide?
The city court, where the plaintiff filed a claim, satisfied the claim. But the civil court regional court overturned the decision of the lower instance.
Then the woman went to the Supreme Court.
What did the Supreme Court decide?
The Supreme Court of the Russian Federation pointed out the following facts:
1. Judges of the appellate instance had to establish "the presence of the fault of the parties in the accident".
2. Appeal did not take into account the effective court decision on another claim injured resident of the same house, in the same flood. Meanwhile, according to Art. 61 of the Code of Civil Procedure, the circumstances established by the court decision that entered into force are mandatory, they are not proven again and are not contested.
What was the decision about? A flood-affected neighbor sued a management company and a neighbor who had this faucet on a cold water riser. The court decided the dispute in favor of the plaintiff, however, the money was ordered to pay only to the management company, from the neighbor - he did not take anything.
3. The appeal should have taken into account which equipment the stopcock that caused the flood belongs to, and who is responsible for its proper operation. For this, the judges had to refer to the following documents:
- Housing Code, which lists the list of equipment for which the management company is responsible.
- Rules for maintaining common property in a multi-apartment building(approved by the government decree No. 491 of August 13, 2006). The document reveals what is included in the common property. So, it also includes "general engineering systems of hot and cold water supply, consisting of risers, branches from risers to the first disconnecting device." MKD management companies are responsible for the proper maintenance of the common property and are responsible to the owners for breach of obligations.
- "Technical regulations on the safety of buildings and structures" No. 384 dated December 30, 2009. According to the regulations, first disconnecting devices and shut-off and control valves on taps of intra-apartment wiring are elements of in-house engineering networks... This equipment cannot be classified as common property in an apartment building, since the Housing Code provides for its location both inside and outside the premises.
What did the RF Armed Forces decide and what should be remembered?
The RF Armed Forces found the management company guilty. The owner of the apartment was compensated for the damage.
- The first disconnecting devices and shut-off and control valves at the outlets of the intra-apartment wiring are elements of in-house engineering networks.
- Shut-off and control valves located on pipes and passing through private apartments are designed to serve several residential premises at once. Thus, they belong to the common property and the management companies are responsible for them.
- If there was an accident, the taps were torn off and the neighbors were flooded, the management company should reimburse the material costs, and not the owner of the apartment.
- Replacing the shut-off valve by the apartment owner does not relieve the management company from fulfilling its obligations to maintain the common property of the apartment building.
It is impossible to live in isolation in an apartment building. If something happens to the neighbors, then the rest of the residents may be involuntarily involved in it. A similar situation happens with a breakthrough of heating pipes in an apartment. Who is to blame and who will be reimbursed for damage will be told in this article.
Battery burst, neighbors flooded - who's to blame
What to do when the heating has fallen into disrepair and the neighbors have suffered? Where to hiccup the guilty?
First you need to find out whose fault the accident occurred. Who is to blame: the owner of the apartment or the management company that monitors the condition of the heating pipes of the entire house. If the heating breakthrough occurred through the fault of the owner, then he will compensate for the damage to the neighbors flooded from below. If through the fault of the management company, then all the costs of repairing the premises will be borne by it.
The Housing Code imposes on the owner of the apartment the obligation to keep the property in good condition and monitor the pipes. If necessary, he must make repairs.
If the pipes are in poor condition, you need to contact the housing office and call the master. An invitation to a specialist must be formalized. It is necessary to draw up an application, which will be registered and the time of the repair will be appointed. After the work is completed, an acceptance certificate is issued, which is signed by the owner of the apartment and a specialist.
If all the steps are followed, the management company will be fully responsible for the improper installation of heating pipes.
At his own expense, the owner of the apartment must repair those devices that have stopped working due to his fault. For example, faulty plumbing. At the same time, the repair of these devices can only be carried out by a specialist of the company with the consent of the ZhEK. If the owner changes the plumbing on his own, then when the neighbors from below are flooded, all responsibility will most likely fall on him alone.
The management company must repair and conduct a routine inspection heating system in apartments at least 2 times a year. After verification, an act with the results is issued. If the owners do not allow a specialist to enter the premises, then this is equivalent to improper use of communications. And in the event of an accident, it is possible that the owner of the premises is recognized as guilty.
Heating season or not, the subtleties of the question
Since the water flows through the pipes in winter, it is very hot - over 55 degrees Celsius, there is a high risk of getting burns with a breakthrough of heating. If the pipes have leaked, then it is not advisable to do anything on your own. Before the arrival of specialists, it is necessary to save flooded property, documents, valuables.
In the summer, the management company conducts a routine inspection of the pipes of high-rise buildings. The house, the tenants of which are warned about this three days in advance, is checked by running cold water under pressure through pipes. If in any apartment the batteries are worn out or leaky, they will leak. Therefore, the management company asks that all apartment owners be at home at a certain point in time during the check.
If the owner notices that water has flowed in his or a neighbor's apartment during the check , then he needs to contact the repairmen. They will change the batteries at the expense of the Criminal Code.
The riser burst in the apartment - who is to blame, what to do
Resolution of the Government of the Russian Federation No. 491 of August 13, 2006 approved the "Rules for the maintenance of common property in an apartment building", which contain clauses that the water supply and sewerage networks are part of the common property.
Apartment owners pay monthly HOAs for the maintenance of this property. This means that the management company must monitor the state of the heating system, including the riser.
If she did not keep track and did not repair the riser on time, then she would pay the damage to the residents of the house unilaterally.
What should be done if the riser burst in the apartment?
- It is necessary to fix the breakthrough of the riser. The best solution would be to draw up an act in the presence of a representative of the management company.
- The next step is to assess the damage to all tenants. It needs to be drawn up with the help of an independent expert.
- Checkout claim letter and send to the management company.
- If, after receiving the letter, the management company does not voluntarily take action to pay damages to the tenants, then you need to seek the help of a lawyer and go to court. You can also reimburse the costs of a lawyer with the Criminal Code.
Finding out the causes of the accident
The heating system of the apartment consists of:
- a riser that runs through the toilet;
- supply pipes (return);
- connections between pipes;
- batteries.
No one is safe from the breakthrough of these pipes. This happens often and there can be several reasons for accidents:
- old equipment that has become unusable due to a long service life;
- careless use of batteries;
- not right installed pipes heating;
- a pipe break is possible during a routine inspection by the services of the management company, as described above.
How to behave, where to go
If an accident did occur, then you should immediately call the ZhEK and report the breakthrough. If the accident occurred at night, then you need to report the emergency service. The phone numbers of these organizations should be at hand at all times.
It is advisable to photograph or video the fact of flooding, as well as the state of the apartment. Because in fact, the housing office does not really like to pay repair costs. In addition, he is trying to prove that the residents are to blame for everything, since they did not notice in time the malfunction of the equipment that needed repair.
After elimination of the accident, it is necessary to immediately record the damage caused. After the examination of the premises by the commission, the owner is issued an act. But it is better to make an independent assessment of the damage by inviting a specialist from outside for a certain fee.
Who compensates for the damage
In the event of a pipe break in an apartment due to the fault of the management company, it compensates for the damage to the tenants. If she refuses to pay or repair in the presence of all supporting factors, then such a non-standard case can be considered in court.
You can bring tenants to responsibility and compensate for damages for flooding neighbors:
- in the presence of documented facts about the negligence of the owner of the apartment, due to which the batteries became unusable;
- having a professionally compiled assessment of the damage incurred.
If the apartment is municipal
Who compensates for the damage if the property is rented out?
The user who has rented out housing is also responsible for the current repair of pipes. Replacement of pipes is not included in such repairs. It refers to overhaul, which is carried out by the owner of the apartment.
Homeowners can be individuals, organizations or public entities that provide an apartment for rent.
Such a public entity can be a municipality. He carries out the renovation of the apartment, as he is the rightful owner. He contacts the management company of the house and entrusts her with repairs with subsequent financing.
In what cases does the owner's liability arise in a privatized apartment?
The owner is fully responsible in a privatized apartment for careless handling of the heating system, for untimely calling the master, for DIY repair pipes and their replacement without a representative of the management company.
The only exceptions are tenants who received an apartment from a cooperative and it is in the process of privatization. In this case, until the last payment is made, the premises belong to the property of the cooperative.
In what cases the liability of tenants arises
The tenants are also obliged to maintain the heating in proper order. If it is proved that the tenant deliberately damaged the property, only then will he be held liable. And he will also be obliged to compensate for the damage caused not only to the neighbors, but also to the owner.
So do not immediately panic when a battery burst in your apartment. If you flooded your neighbors, caused damage to your apartment - immediately fix everything and start to find out, together with the employees of the management company, what is the cause of the accident. If you are accused of everything and forced to bear the costs of the damage caused, and you do not agree with this, then you need to go to court.