Neighbors flooded after a riser broke. Who is responsible when an apartment is flooded and the consequences of unauthorized reconstruction

In this article, I want to tell you how to act if an apartment is flooded due to a burst riser, because in any case, most residential property owners are at a loss when faced with such a situation, they think that they will have to carry out repairs in their apartment at their own expense and compensate for the damage to their neighbors, but this not this way. Yes, there are cases when the negligence of the owners themselves leads to such accidents and breakthroughs, but I will tell you that the owner of the residential premises in which the breakthrough occurred is not always to blame for a riser breakthrough, and then I will tell you about your actions in such a situation.

Payment terms under loan agreements

The Central Bank, in its letter dated March 27, 2021 No. IN-03-31/32, indicated that if the last day of the loan payment period falls on a non-working day, then the last date is considered such a non-working day (except Saturday and Sunday).
However, the Supreme Court pointed out that the Central Bank does not have such powers and its letters cannot be above the law. Failure to pay the payments stipulated by the contract during the period from March 30 to April 3, 2021 is not a delay in the fulfillment of obligations, and the postponement of the deadline for fulfilling an obligation to the next next business day cannot be considered as a violation of the deadlines for fulfilling obligations.

Repair of sewer riser

If a leak occurs at the joints, then the plumbers who installed the system are to blame. To resolve the problem, you need to take the following steps:

1. Ask your neighbors not to use the sewer system for a while.

2. Dry the joint with a rag or hairdryer. Clear it of debris and cement.

3. Pack the area between the pipes tightly with linen winding.

4. Thoroughly wet the joint with a polymer-cement compound (construction adhesive plus water plus cement) or sealant.

It happens that the joint in the system is sealed tightly, the mortar does not fall off, but flows through a small crack in this mortar. Then you just need to dry this area and cover it.

Penalty and writs of execution during the moratorium period

One of the consequences of the introduction of a moratorium is the cessation of accrual of penalties (fines and penalties) and other financial sanctions for non-fulfillment or improper fulfillment by the debtor of monetary obligations and mandatory payments for claims that arose before the introduction of the moratorium.

In addition, the introduction of a moratorium against the debtor also means that it is impossible for the creditor to obtain compulsory execution by presenting the writ of execution directly to the bank. However, it is worth considering that the moratorium applies only to the most affected sectors of the economy

8-921-903-17-16

Neighbors flooded after a riser broke. Who is responsible when an apartment is flooded and the consequences of unauthorized reconstruction - Lawyer Alexey Lobanov

A fine of five times the cost of goods for each month and other changes to the law “On the Protection of Consumer Rights”

Engineering networks, such as cold and hot water supply risers, belong to the common property of the home owners and responsibility for them lies with the house management organization (HOA, housing services, management company, etc.). However, disputes often arise about whether she is responsible in cases where the owner of the apartment independently replaced the pipes or made reconstruction (redevelopment)?

Municipal apartment - solution

Some people have a question about who will have to pay if the housing is rented. The person living in such a dwelling is responsible for routine repairs, but he is not obliged to repair the pipe. Replacing pipes in such a situation is part of a major overhaul, for which the owner must be responsible. The owner can be:

private person,
organization,
public entity, such as a municipality.

ATTENTION! The responsibility of the owner of the residential premises for flooding cannot be disputed, because he owns the dwelling. If you don’t know where to call if there is a water leak, you can contact either the owner directly or the manager. The work will still be carried out by the management company, but it is the owner who finances the organization.

Actions after a riser leak and apartment flooding

Initial steps should be aimed at turning off the emergency riser and calling a plumber from the building management organization to fix the leak. Based on the fact of the incident, a flood report must be drawn up. Some management companies indicate in the report the cause of the emergency, however, if you do not agree with the conclusions, you can write about this in special notes when receiving the report. You should not refuse to receive it and sign it, as this may work against you in the future. Your signature only indicates receipt of the document and does not indicate agreement with the conclusions.

Who will have to pay?

If pipes break between floors, or problems with the riser are identified, then the blame falls on the shoulders of the management company. In this case, the organization must compensate the damage caused to the residents. If there are supporting factors, but the organization refuses to pay, then you should immediately go to court . Neighbors may be held liable if:

there are facts that confirm the negligence of the owners,
There is a professional damage assessment.

Who is responsible when flooding an apartment?

If a leak occurs due to the formation of a fistula on the risers of cold or hot water supply, then the house management organization is responsible for this. However, the owner of the apartment is responsible for the internal wiring after the first shut-off valve.

At the same time, management companies often refer to the fact that even though a leak occurred on the riser, the owner replaced this section on his own, without agreement with them, in addition, they do not know the quality of the installed pipes, accordingly, the owner took all risks upon himself.

There are also cases when the owner of an apartment unauthorizedly carries out the reconstruction of cold water and hot water risers, i.e. places them differently than specified in the project documentation and the management company, clinging to this case, is trying to absolve itself of responsibility.

However, this argument is not valid and is not confirmed in judicial practice.

Since the responsibility for maintaining the common property of homeowners, which includes the in-house utility water supply system, in proper (good) condition lies with the HOA, it is the defendant HOA that must provide evidence that they have taken actions aimed at fulfilling such responsibilities.
Ruling of the Supreme Court of the Russian Federation dated December 12, 2018 N 310-ES18-20862 in case N A36-1454/2017

Where to look for help?

If a breakthrough has occurred, then you need to contact the organization that services your home as quickly as possible. Even when an accident occurs at night, it is necessary to call emergency services. That is why it is worth keeping the necessary numbers at hand.

In order to subsequently have evidence of damage and the fact of flooding, it is worth filming what is happening on video, or taking appropriate photos . Practice shows that housing and communal services are not always happy to compensate for the damage caused.

It often happens that the organization tries to make the residents guilty. This could lead to the fact that the residents did not report a communication failure in a timely manner. After the problem has been fixed, you need to contact the organization to record the damage caused . Remember that you should contact the property manager for this; you can also contact a special appraisal company.

ATTENTION! If a pipe burst, and after the accident was eliminated, an examination was carried out, then you should have the corresponding report in your hands.

Often a leak occurs due to the fault of housing and communal services or management companies, but the organizations do not react in any way to residents’ requests. In such cases, it is not enough to report the accident; it is necessary to file a complaint with the state. housing inspection. There is also the opportunity to contact local authorities.

If it was possible to document harm or damage to personal belongings, then this is a compelling argument for appealing to the judicial authorities.

Independent replacement of risers without approval from the management organization

To carry out work on replacing cold or hot water supply pipes, it is necessary to shut off the riser throughout the house. The shut-off valve (ball valve) of the riser is located in the technical room to which only the building management organization has access. Accordingly, when the riser is disconnected, at the request of the owner, the management company must understand that repair work is planned on the common property, and therefore has every opportunity to check the quality of new pipes before installing them.

Consequently, the owner of the apartment did not violate the Rules for the Use of Residential Premises, approved by Decree of the Government of the Russian Federation of January 21, 2006 N 25, all his actions were authorized by the responsible persons of the building management company.
Ruling of the Supreme Court of the Russian Federation dated December 12, 2018 N 310-ES18-20862 in case N A36-1454/2017

Legal regulation regarding the breakdown of the riser

The riser is equal to the common property of the house. This is confirmed at the legislative level and is regulated by the fifth paragraph of the Decree of the Government of the Russian Federation of August 13, 2006 No. 491.

In addition, all engineering communications carried out inside a particular residential building also belong to this type of property. to ensure that intra-house property is properly maintained (paragraph 42 of the above-mentioned official document). The document also stipulates that everyone who provides services to the public for the maintenance of multi-apartment residential buildings (management structure or other persons) is fully responsible to the apartment owners for the improper maintenance of common property.

the management company is responsible for an emergency breakthrough of the riser or destruction of its branch to the locking mechanism . Separate consideration is required for situations where the owner, on his own initiative and without the appropriate permitting documentation, carried out repair work in a residential area, which resulted in an accident.

Causes of the accident

Most of the housing and communal services stock is characterized by a high degree of deterioration. The reason for this may be the improper performance of official duties by an employee of the management organization, who must monitor residential buildings.

Untimely repair of equipment and poor-quality repair of existing communications that serve to provide public services (water supply, central heating, sewerage, etc.) can lead to an emergency situation in the owners’ apartments.

The riser structure looks like this:

Unauthorized redevelopment of risers without approval

The same applies to unauthorized redevelopment of hot water and hot water risers. If the risers are turned off by the building management organization and subsequently do not show any interest in the work performed, then it is considered that it did not exercise due diligence; therefore, the risk of flooding of the apartment as a result of such redevelopment lies with the building management. At the same time, she could have identified violations earlier if she had performed the duties of periodically inspecting common property.

... the case file does not contain evidence confirming the HOA’s compliance with the obligation provided for in clause 5.8.7 of Rules No. 170 and technical operation standards to conduct explanatory work among users regarding the rules for using water supply and sewerage, explaining to consumers their obligation to comply with these Rules.
Appeal ruling of the Moscow City Court dated October 4, 2017 in case No. 33-39587/2017

Frequency of checking risers

Many management organizations, by order or decision of the general meeting of owners, establish that inspection of risers inside apartments occurs as necessary.

Based on this formulation, house management companies are trying to absolve themselves of responsibility, arguing that they could not have previously noticed the unauthorized reconstruction or independent repairs since there was no need to inspect the risers. But judicial practice does not agree with this position.

By virtue of paragraph 11 of Government Decree No. 491 of August 13, 2006, it is stated that in order to identify non-compliance of the condition of common property with legal requirements, an inspection of all premises is carried out.

In accordance with paragraphs 2.1, 2.1.1., 2.1.3 of the “Rules and Standards for the Technical Operation of the Housing Stock”, approved by Resolution of the State Commission for Construction and Housing and Communal Sector dated September 27, 2003 N 170, general inspections of common property apartment building should be carried out 2 times a year: in spring and autumn (before the start of the heating season).

Within the meaning of the provisions of these Rules, common property requires constant monitoring of its condition, which involves its periodic inspection.

The inspection must be carried out at a frequency that ensures timely identification of non-compliance of the state of common property with the requirements of the law, as well as threats to the safety of life, health and property of citizens and legal entities.

Statement of claim to court for damages

To compensate for material damage resulting from flooding of an apartment, it is necessary to determine the amount of compensation and the procedural composition of the persons. It is advisable to involve both the building management organization and the owner of the apartment where the leak occurred as a defendant.

To determine the amount of damage, you can contact a pre-trial assessment organization and send a claim to the defendants before filing a statement of claim in court. It is also worth considering that the court often orders a second forensic examination of material damage, since pre-trial examinations are often carried out without the participation of other parties and the expert is not warned of criminal liability, as is the case with a forensic examination.

You can also not make a pre-trial assessment, but indicate an arbitrary amount in the statement of claim, and after a forensic examination, increase or decrease its amount.

If you are the defendant and there is a pipe break in your apartment

First of all, before the court hearing, you need to familiarize yourself with all the materials of the case. After this, determine in which area the accident occurred and determine the area of responsibility, and if necessary, if the plaintiff did not do this, petition for the involvement of a house management organization in the case.

In addition to the assessment examination, the court often conducts an examination of the causes of the leak, and if there was reconstruction, then the existence of a cause-and-effect relationship between the leak and the reconstruction.

Results of our court cases

What to do in case of emergency

If a riser in an apartment bursts, who is to blame, what to do in this situation is not directly established by regulations and safety rules. However, the victim should immediately receive a certificate confirming the flooding . It is issued by property managers. This is the most important document that every owner who finds himself in a similar situation should have.

The procedure is as follows:

as soon as a breakthrough is discovered, you must immediately report the incident to the house management company (MC), which is responsible for the housing property of the house;
if electrical appliances are located in the flood zone, the room must be immediately de-energized to prevent a short circuit;
Often it is not possible to repair a leak on your own. In this case, you can try to slow down the amount of water making its way through the cracks. To do this, a wooden plug (chopik) is hammered into places of deformation. This will reduce the water pressure for a short period of time;
The next step should be photo and video recording of visible damage. You need to photograph the breakout point especially carefully. If possible, victims should call their neighbors to document the accident in the presence of witnesses. If the situation goes to trial, testimony from third parties will help victims in this process;
The final stage is to record the exact time and date when the accident occurred.

Once all the prescribed actions have been completed, the injured owner can only wait for representatives of the management organization. They will draw up the necessary inspection report of the premises and the consequences of a pipe break.

Actions during inspection and repair

If a worker from the authorities responsible for carrying out repairs comes to the owner after 24 hours, he should not be immediately allowed to work. First, he must hand over the fully completed act personally to the owners of the apartment. If such documentation is not received, in the future, after the repair of the emergency riser has been completed, it will be difficult to prove that the breakthrough did not occur through the fault of the owners.

The certificate of completed work must bear the seal of the management organization, the signature of the foreman who performed the work, and the date. If, after completion of the restoration work, a section with a gap is still visible on the riser, the report remains with the owner. The document will be actual evidence of a pipe break.

Important! To resolve various issues, qualified lawyers recommend not calling the governing bodies, but conducting written correspondence, on which special marks must be placed on the acceptance of the documentation.

Actions after a riser leak and apartment flooding

Privatized housing

When it comes to a home that is privately owned, then current and major repairs of the riser must be carried out by the management company. If it bursts or leaks, then the organization must carry out the necessary work. The risers that are located in such a dwelling are not the property of the residents. Therefore, the organization with which the agreement was concluded is responsible for their condition.

But you need to understand that if the problem occurred in the wall after the cut-off product, then the fault lies with the residents.

It is important to remember that utility workers must inspect pipes throughout the building from time to time . This is their direct responsibility. If you deliberately refuse to allow employees to enter the apartment, this may cause problems in the future. After all, because of this, you may be blamed for the malfunction of the system.

Who is responsible when flooding an apartment?

However, this argument is not valid and is not confirmed in judicial practice.

Since the responsibility for maintaining the common property of homeowners, which includes the in-house utility water supply system, in proper (good) condition lies with the HOA, it is the defendant HOA that must provide evidence that they have taken actions aimed at fulfilling such responsibilities.
Ruling of the Supreme Court of the Russian Federation dated December 12, 2018 N 310-ES18-20862 in case N A36-1454/2017

The main causes of leaks in sewer pipes

The main and only reason for leaks is a violation of the tightness of connections or walls of pipelines. Most often, a sewer pipe leaks at the junction or branch of vertical or horizontal sections of the system. However, mechanical damage to the walls occurs during repairs or due to careless installation.

Most often, cast iron pipes suffer, which were widely used when installing sewer systems in old Soviet-built houses. Cast iron as a material has high strength, but is heavy and brittle. Any blow can cause a crack to appear, the danger of which lies in its invisibility - it can appear and begin to leak after a few years.

Plastic pipes are preferable in this regard, since they have some elasticity and do not crack from impacts. The main reason why a plastic sewer pipe leaks is the failure of the rubber seal in the connecting socket. There is another reason why the connection may leak - the installation of pipes is skewed. Such situations occur even more often than mechanical damage. The presence of misalignment can rarely be noticed immediately, and visual inspection of the alignment of pipes is ineffective due to their inaccessibility. Most often, distortions are determined if the pipe is constantly leaking at the joint, but there is no mechanical damage or cracks. Often, neighbors below report the appearance of a leak; water begins to drip from the ceiling, causing damage to the ceiling. In any case, when a sewer pipe leaks at a junction or in another place, it is necessary to urgently fix the problem.

pipe sealing

Independent replacement of risers without approval from the management organization

Consequently, the owner of the apartment did not violate the Rules for the Use of Residential Premises, approved by Decree of the Government of the Russian Federation of January 21, 2006 N 25, all his actions were authorized by the responsible persons of the building management company.
Ruling of the Supreme Court of the Russian Federation dated December 12, 2018 N 310-ES18-20862 in case N A36-1454/2017

Repair of plastic sewer riser

And troubles happen with plastic pipes. But they are much easier to repair than cast iron ones.

1. A leak has appeared at the junction of the pipe with the coupling or adapter.

Causes of trouble:

cheap low-quality pipes were purchased;
bad rubber gaskets were used;
the pipes have defects.

What to do?

The repair will consist of replacing the O-ring. We disassemble the connection where the leak occurred. Remove the old rubber seal. We remove dirt from the bell, clean it, wipe off dust. Insert a new ring. If it is one-sided, be careful which side you place it on. We apply sealant and join.

2. A crack has appeared in the riser.

The reasons are varied, from a sharp object entering the system to external damage.

Repair procedure:

remove dirt and dust from the surface of the riser;
degrease the edges of the crack, wipe dry;
treat with sealant.

If the damage is serious, the pipe needs to be replaced.

Unauthorized redevelopment of risers without approval

... the case file does not contain evidence confirming the HOA’s compliance with the obligation provided for in clause 5.8.7 of Rules No. 170 and technical operation standards to conduct explanatory work among users regarding the rules for using water supply and sewerage, explaining to consumers their obligation to comply with these Rules.
Appeal ruling of the Moscow City Court dated October 4, 2017 in case No. 33-39587/2017

Frequency of checking risers

Many management organizations, by order or decision of the general meeting of owners, establish that inspection of risers inside apartments occurs as necessary.

Within the meaning of the provisions of these Rules, common property requires constant monitoring of its condition, which involves its periodic inspection.

Statement of claim to court for damages

You can also not make a pre-trial assessment, but indicate an arbitrary amount in the statement of claim, and after a forensic examination, increase or decrease its amount.

Application details

If a riser pipe in an apartment bursts, the affected owner needs to contact management. This is necessary in order to write an application in the prescribed form.

The form states:

number;
time;
the address where the breakthrough occurred;
probable cause of the accident.

The application to the management company or HOA is drawn up in free form with a mandatory indication of the damage caused.

Sample application for replacement of the riser:

To the head of the management organization

____________________________________

(look for the exact name in the receipt for payment of housing and communal services)

from__________________________________

address_______________________________

telephone_____________________________

STATEMENT

I hereby inform you that due to a break in the riser in the apartment above (roof leakage or other reason), damage was caused to my living space.

I ask you to send a specialist to my address within 24 hours from the date of receipt of this application to draw up a report on the damage to my residential premises. Please inform us in advance about the time of the inspection.

_________________________________ _______________

FULL NAME. date

Application for replacement of riser

Important! The injured owner has the right to demand that representatives of the responsible organization come to the scene of the accident to inspect the damaged premises, who will draw up an application for replacement. According to it, an assessment of the property and the amount of monetary compensation for the damage caused will be made.

Rules for drawing up an act and questions about compensation

The act must be drawn up in two copies. When the necessary documentation is already in hand, they turn to the head of the house management. He is responsible for receiving incoming messages. After review, the manager will put the organization’s seal on the application.

Issues of compensation for material damage and harm to health caused due to a break in the riser are regulated by:

The Constitution of Russia (Article 45);
Civil Code of the Russian Federation (Article 1064);
Government Decree No. 17 of June 28, 2012 (clause 46).

Guided by Article 1064 of the Civil Code of the Russian Federation, the damage caused to the owner is compensated in full. It is covered by the persons responsible for the occurrence of an emergency.

In other words, if damage is caused as a result of the actions of third parties, then it will be compensated at their expense.