Who should repair a balcony in an apartment building: repair of emergency balconies

Determining the category of property

Difficulties in determining responsibility arise due to the fact that, in essence, a balcony belongs to both individual and community property. Thus, a concrete slab is common property (RF RF No. 491 dated August 13, 2006, part I, clause 2). Therefore, the management company is responsible for the safety of this structural element of the building, as well as for its repair.

The management company is also responsible for the proper condition of the roofing over balconies and loggias on the top floors of houses.

But the owner must take care of the glazing elements, doors, and awnings. Therefore, the work of painting, replacing double-glazed windows or flooring is done by the owner of the apartment at his own expense.

Attention: if the apartment building has balconies that have a single fence or doors with access to a common balcony, then they are also common property, and the management company must repair them.

Responsibility of utilities

According to the rules and regulations of operation, covered in the instructions of the State Construction Committee of the Russian Federation No. 170, representatives of the ZhF are obliged to systematically (twice, in autumn and spring) check the correct operation of balconies and bay windows. If damage is detected, take immediate measures to eliminate it.

What is included in the monitoring of regulatory services:

Overloading of the base with heavy objects that are incommensurate with the ability of the slab to withstand the load, which provokes destruction of the slab structure,
Detection of any flaws in order to prevent their development, eliminate them and prevent an emergency;
Sealing the emergency facility and drawing up an estimate for the necessary repair work;
Instructing apartment owners on the safe use of extensions.

Unfortunately, housing and communal services workers do not always fulfill their duties, so if a problem arises and the balcony is in poor condition, you need to take measures to report it yourself.

If housing and communal services employees do not take appropriate measures, then you need to write a letter of complaint to the State Housing Supervision, the prosecutor's office and the city administration.

Who should repair a balcony in a privatized apartment

The management company carries out current or major repairs, strengthening the balcony slab. Eliminates causes that may contribute to its further destruction (for example, restores gutters).

And the owner has responsibilities to ensure the proper condition of individual property:

insulation of openings;
waterproofing parapets;
treatment of metal structures with anti-corrosion compounds or paint;
protecting the concrete slab from moisture - laying flooring

Also, the owner is required not to litter the balcony, not to place large or heavy objects for storage, so as not to create additional load on the load-bearing elements. Unauthorized modifications to the design and installation of canopies are prohibited. For example, if snow falls from a makeshift roof onto a car parked below, then the owner of the apartment will compensate for the damage.

The balcony is leaking from above: what to do?

A balcony or loggia is classified as a non-residential premises in an apartment.
They are more susceptible to moisture and temperature changes than others. Moisture is dangerous because, penetrating into the small openings of the loggia, it causes mold. Most often, this process occurs with literally all the materials from which the loggia is made. Including expensive ones. Metal elements are deformed due to corrosion, cracks gradually expand. In this case, the balcony needs to be repaired, since it loses not only its consumer properties, but also its appearance.

What to do when the balcony is leaking from above, where to turn? Let's look at it in more detail in the article.

If you want to find out how to solve your specific problem, please contact the online consultant form on the right. It's fast and free! Or call us at 8(800)-350-30-02 (the call is free for all regions of Russia)!

Repair of emergency balconies in municipal apartments

The division of property into common and individual property here follows the same principle, only the municipality (landlord) acts as the owner of the residential premises.

It turns out that the repair of concrete slabs is carried out by the management organization. And bringing railings, parapets, and canopies into proper condition is the direct responsibility of the municipality (Article 65 of the Housing Code of the Russian Federation).

The tenant can make repairs at his own expense, but at the same time has the right to demand a reduction in the amount of rent (use of residential premises, ODI). Or reimburse the cost of expenses incurred as a result of improper performance by the landlord of his duties (Article 66 of the Housing Code of the Russian Federation, clause 2).

Why is the balcony leaking?

Usually, when building a house, balcony slabs (or rather, the joint between the wall of the house and the slab) are covered with waterproofing, so in principle there should be no leakage. It occurs if there are technological deviations in the waterproofing device, or the house is old and the service life of the waterproofing materials has come to an end.

A leak on a balcony can occur in three cases:

The apartment is on the top floor, and the canopy over the balcony does not fit tightly to the wall. As a result, rain and melt water flood the balcony through the cracks;
The balcony on the floor above is not glazed, and the balcony slab on it requires repair;
The top slab is installed with a slope towards the wall of the house, due to which water accumulates on the balcony, leaks under the waterproofing coating, and penetrates down through the concrete. This situation rarely happens, but when analyzing the cause of the leak, you need to take it into account.

Who is responsible for fencing repairs?

It all depends on what floor the balcony is located on. For example, structures on the top floors of a building are classified as common property. Accordingly, the management organization is responsible for their condition and safety.

In other cases, replacement of canopies and canopies is carried out by the owners at their own expense.

Important: there are cases when residents of the lower floors at a meeting of owners raise the issue of excluding the roof over the loggias from the common property. This is illegal, therefore, regardless of the residents’ decision, the repairs are carried out by the management company.

Stages of major repairs

Let us repeat that in cases where the residents of the house have created a housing cooperative (housing construction cooperative) or an HOA (homeowners' association), then all issues relating to the thorough restoration of property in common property are resolved at a general meeting of apartment building residents.

Recovery stages:

Dismantling of dilapidated material;
Installation of a new base frame;
Formwork fastenings;
Pouring the base using cement-sand mortar;
Fastening by welding the plate around the entire perimeter using a metal corner;
Strengthening the base by installing cantilever beams;
Carrying out waterproofing work;
Installation of drainage systems;
Installation and fastening of the parapet;
Plastering and painting.

Responsibilities of the management company

They are regulated by the Decree of the State Construction Committee on the rules of operation of the housing stock (No. 170 of March 27, 2003):

Conduct scheduled inspections of buildings, identify violations, and explain the rules for the use of common property.
Participate in general meetings of owners, explain who should repair the balcony and in what cases. In the future, this will eliminate disputes and conflicts between residents and representatives of the management organization.
Monitor the condition of balcony slabs. A scheduled inspection is carried out at least 2 times a year. In spring and autumn (before the heating season begins). Minor defects - cracks, destruction of the concrete layer must be corrected in a timely manner to prevent further destruction of the balcony slab.
If significant deformations, crumbling of concrete pavement, or exposure of reinforcement mesh are detected, employees of the management company must draw up a report. The document indicates the degree of damage and possible causes. Depending on the degree of deformation, a decision is made to carry out major repairs. The document indicates the degree of damage and possible causes.
Draw up a plan indicating the timing, preliminary volumes and cost of work.

Residents themselves can also contact the management organization with requests to repair emergency balconies.

Self-repair as a solution to the problem

In some cases, in order not to wait for a response from utility services, you can try to independently repair an emergency balcony.

In this case, it will also be possible to return the money spent if you collect all the receipts confirming the expenses and then provide them to the utility companies. As a rule, refunds are made by deducting funds from the rent payment.

The ability to solve the problem on your own will significantly reduce the time it takes to repair a balcony slab, fence or gutters.

Algorithm for solving the problem yourself:

Request for project development to a licensed company;
Calling a designer to draw up a plan for the necessary work;
Get a finished project;
Calculate the quantity of materials and draw up an estimate for their purchase;
Hire specialists, which will make it easier for you to repair the loggia, as well as delegate responsibility if force majeure circumstances arise during the repair.

What types of work may be required:

Restoring the integrity of the base;
Strengthening the slab;
Sealing of seams;
Sealing cracks and cracks;
Strengthening fencing structural elements.

Who will be responsible if the balcony collapses?

In the event of a collapse of a balcony slab or part of it, the head of the management company will bear responsibility for the consequences.

Provided that:

The management organization did not respond in a timely manner to the owners’ demands for repairs.
It will be proven that the collapse occurred as a result of poor quality repairs.

And also if the owner did not make unauthorized changes to the design. Therefore, if you plan to glaze a balcony, especially in an old house, then it is advisable to first conduct a construction examination.

Consequences

The appearance of a leak on the balcony makes it unsuitable for use, especially in wet weather when it rains or melts snow.

A leak can occur both on an open balcony and on a glazed one, if there is even a slight crack.
If it is not stopped in time, excess moisture can destroy metal reinforcement.
When a balcony roof leaks, there are many inconveniences. During this period, it is impossible to dry the laundry, and the things and objects on it become unusable. In addition, the finish deteriorates. The roof becomes covered with yellow stains and a dark moldy coating, which is very difficult to get rid of.

ATTENTION! If measures are not taken in a timely manner, water will flow into the apartment through the joint of the slab with the wall, and repairs will have to be made not only on the balcony, but also in the living rooms.

Where to go if the balcony is in disrepair

After the general meeting, apartment owners contact the management organization with a request to conduct an inspection and eliminate existing defects.

Tenants living in an apartment building on social rental terms must send an application to the municipality or local administration.

Serious damage to the balcony slab requiring major repairs is considered to be:

destruction of the concrete layer, visible cracks;
hidden defects associated with tension of reinforcement;
visible corrosion of metal supporting structures
collapse of the slab along the edges of the balcony;
the fence (railings, parapet) is partially or completely destroyed;
destruction exceeding 30% along the depth of the slab.

There may be several reasons for the destruction of the concrete layer. This is also a time factor, the use of low-quality building materials, improperly constructed or missing drainage.

Current repairs are carried out when cracks and chips are detected on the surface of the slab or load-bearing wall.

Let's sum it up

If you are faced with the situation of the destruction of a balcony in an apartment building and its urgent repair is necessary, then you should first decide which damaged structural elements you will have to restore at your own expense, and which the management organization is obliged to repair.

Taking this into account, you can plan your actions: either hire builders yourself, or write an application and wait for action from the company responsible for your home.

In any case, first of all, you should definitely take safety measures: if the balcony is in disrepair, then it is necessary to close access to its territory and not go out onto it until the problem is completely resolved.

How to write an application correctly

You can contact the management organization in person with an oral request, but later (when contacting higher authorities) it will be difficult to prove the fact of the request. Therefore, it is better to make a statement in writing.

There is no set form, but the document must contain:

Full name (full name) of the applicant, residential address.
Full name, position of the head of the management company, address of the organization's location.
Name – “statement”, “complaint”.
Briefly - the reason for the request, specific requirements and timing of repair work. You can support the requirements with references to regulations and clauses of the agreement with the management organization.
A request to recognize the structure as unsafe, threatening the property, life and health of both the owner and third parties (neighbors, passers-by).
It is also worth stating a request to notify the applicant about the resolution of the issue in writing. In the future, if the management organization does not take any measures, such evidence of inaction will become evidence when going to court.
Attach photo, video evidence, results of a survey of residents of the house (if conducted). As well as the results of an independent construction examination. It is carried out at the expense of the owners, but if the management company’s guilt is proven in court, the costs will be compensated by the management organization.
Date of compilation, signature of the applicant.

It is better to send documents by registered mail with notification and a list of attachments.

Advice: if you submit a written application directly to the management company office, prepare 2 copies. Keep one with a note about document registration for yourself.

The problem is that correspondence with the management company can take a long time. The management organization may refer to the lack of money for special services. account, unfavorable weather conditions, and in fact, refuse to fulfill obligations.

Important: The management company has the right to block residents’ access to the balcony, which is in disrepair until the completion of repair work.

Therefore, if the balcony slab really has serious defects, cracks and is in danger of collapsing at any moment, it is better to repair the balcony yourself. And then demand compensation for the expenses incurred from the management company in court. To confirm costs, you must provide cash receipts, a contract and certificates of work performed from the contractor.

Why did the court oblige the management company to carry out routine repairs of the balcony before a major one?

Let's look at several court cases in which owners of premises in apartment buildings demanded that management organizations repair balcony slabs.

The plaintiff lived in a house that required major repairs, but was not included in the regional program. The owner demanded that the management company carry out work to restore the balcony. The management organization refused, citing the fact that the balcony slab required major repairs. The plaintiff was advised to initiate an OSS.

Then the owner contacted the State Housing Authority. The department conducted an inspection and decided that the balcony slab had minor damage, therefore, its repair should be carried out against the funds contributed by the residents of the house for the maintenance and repair of the common property of the apartment building.

The MA assembled a commission of representatives of the municipality, regional BTI, and the State Housing Inspectorate. The commission decided that the house required major repairs and should be included in the regional program. In conclusion, the need for a major overhaul of the controversial balcony slab was recorded.

The owner filed a lawsuit. As of the date of consideration of the case, the house was not included in the regional program for major repairs. The court focused on the fact that the balcony slab is located above the sidewalk and creates a danger to the life and health of people. The organization managing the house is obliged to take measures in such a situation in accordance with clause 4.2.4.2 of Resolution No. 170.

Since the management company did not carry out security work and measures to restore the balcony, the court ruled that it did not fulfill its obligations for the maintenance and routine repair of the balcony slab, the physical wear of which had reached the maximum permissible characteristics of reliability and safety. The balcony threatened the life and health of citizens.

The judge noted that in houses where major repairs are planned in the next five years, routine repairs must be carried out to ensure standard living conditions (clause 2.3.7 of Resolution No. 170). Thus, the court ordered the management company to carry out routine repairs of the balcony slab.

Is the management company obliged to carry out routine repairs without a decision of the general meeting?
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Independent examination

If the housing department or homeowners association does not find serious reasons for carrying out repair work, the owner of a dangerous balcony has every right to appeal to administrative or judicial authorities. In this case, you will have to make an independent examination of the condition of the supporting structure; you can also provide photos and video materials, testimonies of neighbors and household members. However, litigation can last more than one month, or even a year. During this time, the emergency balcony may simply collapse. For information on who should carry out repairs to common property and how, watch this video:

Therefore, a more rational option is to carry out repairs from your own funds. First, you will also need to obtain independent expert data. After this, you should hire construction specialists licensed to carry out such work.

All receipts and receipts should be kept, as well as the contract for the provision of construction and repair services. With these documents, you should go to court with a demand to recover the money spent from the management company. As a result, you get a renovated balcony and get your money back – if you’re lucky, then with compensation for moral damages.

How to deal with a leaking roof

What to do if the roof on the top floor balcony is leaking? In this case, you need to repair it immediately, without putting everything off for a long time. After all, the longer moisture affects the balcony, the faster the destruction of the balcony slab will begin. In addition, if you start acting immediately, then it will be enough to put a patch at the leak site and not have to carry out major repairs and replacement of the roofing.

First you need to inspect the roof of the balcony. If the waterproofing material is damaged, you need to go to the store and buy the same material to replace it. Then inspect the damaged area. From the purchased material you need to make a patch to the current waterproofing layer. In this case, its size must be made 15-20 cm larger than the damaged area of the roof. Next you need to solder the patch into place using flux. All that remains is to sand the area and paint it with a paint material that is not afraid of moisture. How exactly you can repair a soft roof on a balcony can be seen in this video.

Rules for maintaining common property

Common property is objects that are not included in the apartment and are not part of it. The general ones include load-bearing structures of the building, balcony slabs and floor blocks. According to Article 36 of the Housing Code of the Russian Federation, each apartment owner has the right to his own common area. The owner of the property should not seize this share, nor transfer it to third parties separately from the apartment. Its size, as a rule, is determined individually, depending on the total area of each owner’s apartment.

In addition to the fact that the management company is obliged to keep the common property in order, timely care for it, repair and improve it, there are general rules for its maintenance for each resident of an apartment building. This rule is regulated by Government Resolution No. 491, which was signed in August 2006. According to the excerpts indicated there, residents must:

Comply with sanitary and epidemiological legislation. For example, apartment owners are prohibited from smoking on the staircase landings of a building based on the “tobacco” law.
Preserve property. This recommendation obliges residents to protect property from vandalism. It is prohibited to draw or write on the walls, deform the entrance doors, damage the intercom, break or paint CCTV cameras. Residents or representatives of the management company, seeing violations, must report them to the police.
Ensure the safety of owners. For example, you cannot set fire to garbage on your property.
Comply with housing legislation regarding the conservation and consumption of electricity or gas.
Provide inspection bodies with access to common property to take readings and check the condition of load-bearing slabs and balconies.
Maintain the architectural appearance of the building taking into account the design documentation of the facility. Residents are prohibited from making changes to the façade without agreeing on a new project with the developer and management company.
Ensure regular readiness of equipment included in common property. This obligation applies to a greater extent to the management company, which must repair the facility, replace the roof if it is leaking, and also ensure the uninterrupted operation of utility networks and metering devices.