Apartment buildings are regularly built, and disputes often arise between neighbors.
One of the most common problems is when neighbors are flooded.
If a riser in an apartment bursts, both the injured and the guilty party have to find out who is to blame.
It often happens that the management company refuses to take responsibility for the incident. In this case, the matter may go to trial .
If a pipe is leaking, then it is worth responding to the problem as quickly as possible. After all, as a result, your property or your neighbors’ things may be damaged. It is worth figuring out who is responsible for the risers of a privatized apartment, and what to do if a riser leak occurs.
The organization that manages your home is required to monitor general building communications. But the water supply may leak in the bathroom in your apartment .
The boundary between your property and the common property is usually clearly drawn. Fixing a water pipe break will fall on your shoulders if the leak is located near your pipe. Common house products include a hot water riser, sewerage, heating, as well as a cold water riser .
About the reasons
ATTENTION! Each case of flooding is individual, and the basic principles of the law do not always allow one to achieve the desired result.
It is worth having an idea about the heating system and its components:
- batteries;
- riser;
- supply pipes;
- connecting elements
The most common causes of emergency situations are:
- breakthrough during a scheduled communications check;
- the system has failed due to its long service life;
- incorrect installation, in this case, it is worth understanding who exactly carried out the work;
- misuse of communications.
Battery failure due to the fault of third parties
If the heating system in a residential area breaks due to any actions of third parties, in most cases the property owner will be to blame, who is legally obligated to prevent such situations from occurring. However, if he can collect the evidence necessary for the ship's bailiffs that the battery burst due to the fault of third parties, he may be relieved of responsibility.
Alternatively, an emergency situation may occur if there is a manufacturing defect in the heating system or battery. There are cases when the riser in an apartment leaks due to the fact that the radiator was installed by an inexperienced plumber.
If the heating device fails, do not immediately throw away the damaged elements. They will be useful as evidence in case of poor-quality repairs.
A construction inspection can reveal who is to blame for violating the integrity of the battery, as well as refute or prove the presence of a manufacturing defect.
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.
How to draw up an act correctly?
This document does not have a specific form; it is drawn up in writing in the presence of witnesses, owners of the property that was flooded and citizens living above, if they are guilty.
The act must reflect:
- date, time when the flooding occurred
- reasons for what happened
- what were the consequences
- assess the approximate extent of the damage or will subsequently have to make an expert assessment.
If the neighbors who flooded you refuse to sign the act, this should also be reflected by signing the victims and witnesses. The act is required in court, in addition to the statement of claim.
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.
Flooding of neighbors when heating is turned on
Local flooding of residential premises in a multi-storey building can occur for various reasons. This happens if utility lines are outdated or due to breakdown of plumbing equipment.
A common cause of an accident is a battery rupture as a result of turning on the heating system, which is an important component of general building utilities in any residential premises. If a pipe bursts, not only the homeowners can suffer, but also the neighbors below. If you flood your neighbors on the lower floor when you turn on the heating in the apartment, do not panic.
First of all, it is necessary to determine the cause of the accident, as well as find who is to blame for this situation and from whom to demand compensation for the losses caused. If a heating pipe bursts inside an apartment, this does not mean that the owner is the culprit for flooding the neighbors. The management company may be held liable for the accident.
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.
In what cases is the owner to blame?
It is not always possible to obtain compensation for damage from the organization servicing an apartment building. The court may rule in favor of the defendant. This can happen if the owner unauthorizedly made reconstruction of the living space. The homeowner can move the battery, change the number of sections, replace the heating device with or make an incorrect connection to the common heating riser.
The project of an apartment building provides for a specific heating system, indicates the type of battery and the materials used. When renovating an apartment, owners often change heating devices, installing radiators of a different configuration. For example, today bimetallic radiators made of steel and aluminum are popular.
This compact heating device looks more aesthetically pleasing than a cast iron radiator. Unfortunately, owners usually do not know that replacing a heating device requires an individual project agreed upon with all authorities.
When choosing a new radiator, you need to compare the technical characteristics of a modern heating device and the equipment installed when the house was put into operation. After replacing and moving the battery or when increasing the heating area, it is necessary to carry out start-up tests and draw up a report.
ATTENTION! If you decide to replace the internal heating system, you must familiarize yourself with the Rules for the technical operation of thermal power plants and SP 60.13330.2012 “Heating, ventilation and air conditioning.”
The owner is responsible if he independently replaced the components of the heating system. If the apartment is privatized, it is the property of the property owner, so he will be to blame for the bursting of a pipe in the premises. According to the provisions of the law, the owner of the residential area is obliged to maintain all utilities in good condition.
What should you pay attention to?
It is necessary to take into account a number of nuances in order to figure out who is right and who is wrong. The tap on the riser allows you to shut off the flow of hot water or sewerage. If we turn to the legislation, the organization involved in the building is responsible only until the first floor .
The disconnecting product is usually located on a branch of the riser. If a breakthrough occurs before it, then the organization remains to blame. Those pipes that are inside the home can be changed and repaired by residents. They are responsible for their condition. To determine who is at fault, you will need to find the location of the breakthrough .
ATTENTION! If the pipe is damaged after the shut-off valve, the owner is responsible for the damage. In another case, the management company is considered to be at fault.
But in some cases, according to a court decision, the blame is placed on the organization, even if the breakthrough occurred after the locking product. Situations where a radiator or heating pipe breaks are considered frequent . This occurs due to untimely replacement, or due to too high pressure. That is why the organization that monitors these moments is found guilty.
It also happens that to determine who is guilty, the judge orders an examination . It allows you to find out what exactly caused the flooding. Experts are of the opinion that the optimal solution would be to conduct such a check before the trial. This is necessary for the reasons that sometimes it is impossible to establish the true cause several days after the breakthrough.
If you can't reach an agreement, what should you do?
IMPORTANT! If you are of the opinion that it is not your fault that the flooding occurred, then you should not pay anything to your neighbors. In this case, it is worth sending them to the management company.
If you cannot resolve the problem peacefully, then you need to prepare for legal proceedings. This is fraught with long terms, but the result may be justified. If an examination has not been carried out before after the breakthrough, then it must be ordered in court. You can also challenge the results of the inspection through the court if you do not agree with them.
When applying to the judicial authorities with a claim against the manager, it is worth asking to replace the defendant . At the same time, it is necessary to emphasize that the organization does not bear due responsibility for the common property, and therefore does not do its job.
But if you understand that the problem was your fault, then the best solution would be to compensate for the damage caused. In this case, you can make payments either of your own free will or by court decision. But be careful when making payments yourself . Indeed, in this case, you will need to draw up an appropriate agreement so that there are no claims against you in the future.
The agreement must include the following information:
- full surnames, first names, patronymics of the parties;
- details for which payments will be made;
- the reason for the dispute, the specifics of the situation;
- the date and time at which the breakthrough occurred;
- the damage that was caused, as well as the amount of payment.
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.
If a pipe leaked and flooded the residents below
In practice, in the event of a pipe break, everyone tries to avoid liability. The owner can be held accountable only if it is proven that the accident occurred through his fault.
When an accident occurs in the house, you should immediately report it to the organization managing the house. Because she is the one who carries out the maintenance of the house.
Residents can be held responsible only if they independently repair the heating system in the house.
