Responsibilities for replacing risers in a privatized apartment in 2021

Home/Water supply and sanitation/Replacement of risers in apartment buildings

Despite the fact that most residents are the owners of their apartments and pay for general building needs on a monthly basis, direct replacement of risers and other water supply elements is carried out by representatives of the management company (MC). Their actions are based on the regulatory framework of the laws of the Russian Federation. However, not many apartment owners know their rights if it is necessary to replace common communication elements located in their apartments.

The solution to replacing risers in an apartment building, the identification of responsible persons and the rules of behavior in conflict situations will be given below.

Normative base

The regulatory framework for the replacement and repair of the water supply system is regulated by:

• rules for the maintenance of property located in the common possession of the apartment building (RF RF No. 491 dated 08/13/20016);
• standards for the technical use of housing stock (Resolution of the State Construction Committee of the Russian Federation dated September 27, 2003 No. 170);
• methodological manual for the operation, maintenance and repair of housing stock MKD 2-04.2004.

What is the service life according to GOST?

The service life of pipes, provided they are properly maintained and promptly cleaned, varies greatly depending on the material from which they were made. Every ten years the pipes must undergo major repairs. Below we give the service life of communications made of various materials according to GOST:

• Steel pipes for cold water supply last 30 years.
• Hot water risers with a closed system – 20 years.
• Open water supply system – 30 years.

Who should change risers in an apartment building?

It is a mistake to believe that if the common water risers are used by the residents of the apartments of an apartment building, then the responsibility for replacing them rests entirely with them. Ignorance of the regulatory framework of the Housing Code leads to unnecessary waste of money from the pockets of owners.

Attention

Decree of the Russian Federation No. 354, Article 149 (dated May 6, 2011) and Article 161 of the Housing Code of the Russian Federation state that repairs, as well as complete replacement of risers in an apartment building, are the responsibility of the Management Company assigned to a specific building.

Every month, each apartment owner receives a receipt for utility bills, which contains the column “maintenance and repairs.” For those funds that come from residents from paying receipts, in particular for maintenance and repairs, all preventive and repair work must be carried out.

Consequently, in the event of a pipe break or other damage to the riser, the housing office is obliged to carry out repair work without charging residents (the reverse action is illegal).

Owner's responsibilities

According to regulatory documentation, the decision on the need to carry out current or major repairs is made by apartment owners. The responsibilities of home and common property owners include:

1. maintain the technical condition of common building communications;
2. if necessary, make decisions about repairs.

The owners themselves are allowed to carry out repair work on equipment that serves only their apartment. Management companies are responsible for repairs of common property. This is a gratuitous agreement that provides for monthly payments that residents are required to pay. In return, general maintenance is provided.

Replacement standards

According to the standards for replacing risers in an apartment building, they must be replaced in two cases:

1. Expiration of the operational life of the metal structure.
2. Complete renovation of the apartment's bathroom.

Living conditions provide for 2 modes of pipe replacement:

• planned - when the time for replacement has approached;
• emergency - when the integrity of the pipe has been damaged and a leak has formed.

IMPORTANT
The warranty period for pipes in apartment buildings is at least 25 years. Even if after this period the structure is intact without leaks, the riser still needs to be replaced.

Increasingly, cast iron pipes are being replaced with polypropylene ones. This is due to a number of advantages of the material:

• efficiency;
• ease;
• strength;
• environmental safety;
• resistance to deformation from thermal effects;
• resistance to corrosion and other influences;
• sliding structure of the internal walls, which prevents plaque formation;
• long service life: from 50 to 100 years.

Metal pipeline

This is a traditional heating material. The operating temperature of the carrier in apartments can reach 110 C. In practice, this is quite rare, but 75–95 C is a common occurrence. Metal copes with this task perfectly.

Stainless steel – combining water and iron is not considered a good idea. Metal is susceptible to corrosion, and therefore unusual steel is used for communication systems - stainless or galvanized. The material has a lot of advantages and some disadvantages.

• Steel is very durable. 50 years is the typical lifespan of the system.
• Stainless steel is not subject to corrosion. In addition to the fact that this ensures durability, this property also determines the relative smoothness of the internal walls: the working diameter changes less over time, since salt and sediment are deposited to a lesser extent.
• Steel products can withstand not only high temperatures, but also pressure surges, which often occurs in a city apartment.

• Installation of heating risers made of steel pipes requires welding. The main difficulty is that bent structures are not possible here.
• The steel is quite heavy, so the system itself is more difficult to maintain and its assembly is not easy.

Copper piping is the most expensive option available. There are many advantages to this.

• This system is the most durable and reliable.
• Complete chemical inertness - copper does not interact with salts, alkalis, or acids.
• The working diameter of the heating riser pipe does not change over time, since the copper walls remain completely smooth.

Copper is a very ductile metal, installation is done by soldering, and bent structures do not cause any particular difficulties. And since metal is very decorative, there is no need to disguise pipes made from it.

It is not recommended to use galvanized steel for heating: salts and various active additives added to hot water quickly destroy the zinc coating. And without protection, steel quickly deteriorates.

Plastic pipeline: polypropylene and metal-plastic

Not all plastic can be used. Thus, ordinary polyethylene cannot withstand not only high pressure, but also the average operating temperature of the carrier.

Cross-linked polyethylene is a relatively new material, the main advantage of which is its resistance to high temperatures - it can withstand 95 C.

• The material is not subject to any type of corrosion. Moreover, it is resistant even to direct sunlight, which is usually no different from plastic.
• Chemical inertness is characteristic of all polymers.
• The ideal smoothness of the walls ensures that the diameter remains unchanged - no sedimentation until the end of its service life.

Light weight - installation is very simple.

A heating riser made of polypropylene pipes is the most affordable design. Moreover, it has all the other advantages.

• The polypropylene structure is connected by welding to fittings. The seams here are no less durable than the material itself.
• Temperature resistance and chemical inertness are no less than that of cross-linked polyethylene.
• Resistance to water hammer.
• The disadvantages inherent in polypropylene products include a high coefficient of thermal expansion. When installing the system, it is necessary to provide compensation loops and non-rigid fastening.

Metal-plastic pipes for heating risers do not have this drawback. This is a multilayer product, the role of the middle layer in which is played by a thin aluminum sheet - solid or profiled. It not only provides the pipeline with additional strength, but also compensates for thermal expansion.

• Simpler installation - connection to fittings of the appropriate diameter and the absence of compensation devices.
• Chemical inertness and resistance to high temperatures.
• Thanks to the metal layer, oxygen does not destroy the walls; the metal-plastic riser is much more durable.
• The construction cost will be higher.

How to disguise heating riser pipes is a fairly simple task. Metal-plastic products can be hidden in the wall, disguised in decorative boxes, or even decorated. In the photo you can see such an example.

What is included in replacing risers in an apartment building?

The process of replacing a riser in an apartment building is the direct removal of the old structure for a new one. However, this is not all that is included in the concept of “replacing a riser in an apartment building.”

Attention

First, you need to contact the management company and write an application to replace the pipe. The applicant will receive a satisfactory answer if the document is drawn up correctly and the facts supporting it do not raise doubts.

On the appointed day, representatives of the management company turn off the water in the risers and drain the remaining water. After this, craftsmen come from the management company or organization with which the management company has entered into an agreement. They carry out all the necessary procedures for replacing a faulty riser pipe in an apartment building.

1. The master uses a grinder to cut out old pipes.
2. Makes markings for new branches.
3. New pipeline structures are being installed.
4. They run water to check the tightness of all joints of the new riser.

By law, all necessary elements of the communication system that need to be replaced are delivered to the owner’s apartment. However, situations are not uncommon when the tenant himself, in whose apartment the installation is to be carried out, pays for all consumables and the element of the new pipe itself. By law, all expenses of the owner must be included in the payment of the receipt for the maintenance of common property for the next month.

Step-by-step instructions for replacing risers in an apartment building

A break in the water riser in one apartment requires its immediate replacement. Before carrying out repair work, the owner of an “emergency” apartment must discuss this action with the neighbors of the upper and lower floors. The fact is that the pipes are in a worn state along their entire length, despite the fact that the breakthrough occurred in a certain place. And for reliability, they should be replaced completely, in all apartments. If the neighbors disagree, the installation of a common water supply channel will be carried out only in one apartment.

The next step is to contact the Criminal Code. Their powers include shutting off the riser and draining the water. Next, complete or partial (in a separate apartment) installation of pipes takes place.

According to VSN 58-88 (r) “On the organization and implementation of reconstruction, repair and maintenance of buildings, public utility and social-cultural facilities,” planned replacement of water supply systems should be carried out every 25-30 years. Repair work is carried out inside privatized and non-privatized apartments, as well as in basements and entrances.

Replacing a sewer riser

The sewer riser belongs to the common property of the house, even though it passes through a private apartment (according to Article 290 of the Civil Code). Also, the RF PP No. 491 clause 5 dated 08/13/2006 states: “... the common property includes the drainage system, that is, the sewerage system...”.

Consequently, the management company is responsible for the installation and repair work of the sewer riser in an apartment building. For all the necessary consumables that will be required during the replacement process, as well as for the repair itself, apartment residents pay for it, paying monthly sums of money for receipts with the column “maintenance and repair of housing.”

IMPORTANT

On the day the sewer riser is replaced, the apartment owner does not have to pay anything.

But, if previously the owner of the apartment independently replaced the sewer pipe, and this fact is proven, then the owner is obliged to fully pay for the subsequent installation of this element of the communication system.

Before starting repairs to the sewer riser of an apartment building, a resident must:

1. Visit the management company and leave an application for replacement of the emergency element.
2. Draw up a report with a representative of the service organization, which will describe the condition of the sewer riser and (recommended) attach a photo.
3. Specify the date and time of the work to be carried out, and notify neighbors about it in a timely manner.
4. Determine the material of the structure that will be installed in place of the old one, as well as some nuances.

At the appointed time, repairmen come and carry out all the necessary actions to replace the sewer riser.

For your information

Upon completion, a “Certificate of Work Completed” is drawn up between the management company and the repair organization. The owner of the apartment should also keep a copy of this act.

Maintenance of common property

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Ownership of the common property of a house implies not only a certain type of right, but also imposes responsibilities on the residents. The maintenance of the common property of the house, including carrying out repair work, directly depends on the owners.

The responsibility for repairs of this type of property lies with the management company, but it is the residents who must pay for them, who approve the repair estimate and the amount for collecting funds. The management company must only initiate the meeting and develop an estimate for approval.

The property of the house must be in good condition. Since all apartment owners own it, maintenance should be carried out on an equal basis.

Payment for replacement

The answer to the question regarding payment for replacing a riser in an apartment building is contained in Government Decree of the Russian Federation No. 491 dated August 13, 2006. The document determines what is common property, who is responsible for its maintenance and accordingly pays for its repair and replacement.

According to PP No. 491 and its section “Rules for maintaining the property of an apartment building,” each apartment owner pays for the maintenance and repair of all communications in the building. The same information is contained in Article 158 of the Housing Code of the Russian Federation “Expenses of owners of premises in an apartment building”: all owners of apartments in apartment buildings are involved in the costs of maintaining and repairing common property.

Thus, all costs for replacing the water supply riser in an apartment building are paid by the housing and communal services from the funds that all apartment owners contribute monthly, depositing money for receipts for the maintenance of common property.

First tap

Who is responsible for the condition of the first riser of the crane, the owners of the living space or the management company?
Over time, almost every owner is faced with this issue. If a faucet leaks, who should pay for the damage?

The supply of hot and cold water occurs through the so-called “risers”. From them, thanks to “bends”, intra-apartment wiring occurs at points of use (bathtub, sink, toilet, etc.).

As it has already turned out, risers are common property for which the management organization is responsible. Homeowners are responsible for allotments. The first tap from the riser is the boundary of responsibility. But who is responsible for it?

ATTENTION! According to the law, namely clause 5 of the Rules for the maintenance of common property, the first taps from the riser are not private property, but are included in the common property of the house.

What documents are issued to the property owner?

Upon completion of the installation of the MKD water riser pipe, a “Certificate of Work Completed” must be drawn up, which will state the following:

• date of drawing up the contract;
• serial number of the agreement according to which the act is issued;
• the volume of work performed and all actions taken;
• cost of work;
• name of the person performing the repair work;
• signatures of the contractor and the customer.

This document is made in 2 copies, one of which is given to the contractor, and the second remains with the customer. The contractor is the organization that replaces the damaged element. The customer can be the management company (in which case one copy remains with them and is not given to the owner of the apartment) or directly the owner of the property.

Even if the agreement was drawn up by a representative of the management company and the repair company, the apartment owner should make himself a copy of this act.

Is it possible to refuse to replace risers in an apartment building?

“Is it possible to refuse to replace the riser?” - a pressing question for those residents who have undergone a major renovation of the apartment, because the proposed general house procedure implies some damage to the owner’s property in the bathroom. Is it possible to write a refusal?

Based on the information contained in clause 5 of PP No. 491, risers in apartment buildings are common property. According to the law, none of the residents has the right to prevent representatives of the contractor (MC), as well as emergency services, State control and supervision authorities from inspecting the current condition of communication equipment and carrying out repair work. A control inspection should be carried out no more than once every 90 days, and in case of an emergency - at any time.

Thus, apartment owners do not have the opportunity to refuse to replace common communication systems in an apartment building. In response to the refusal, the management company or HOA has the right to sue.

Possible conflicts and their resolution

When replacing a riser in an apartment, its owner may encounter situations that prevent repair work . Conflict cases may be as follows:

1. Refusal of the management company to replace faulty equipment.
2. Neighbors disagree with replacing the riser in an apartment building.

There is no point in delaying their decision, especially if replacement of the emergency element is required in the very near future.

When contacting the management company with an application to replace the riser in an apartment building, you may encounter a refusal to carry out the work. The reasons may be different, but most often the management organization refers to the serviceability of the communication system. In this case, the owner has every right to sue the management company, as well as to recover monetary compensation from them for the damage caused.

A common emergency pipeline often leaks not only in one apartment, but also in neighbors above or below. Or the riser is in unusable condition and requires a total replacement, and not just a separate “fragment”. Therefore, installation should be carried out in several apartments. But there are often cases when some of the owners refuse to carry out the necessary work.

It is possible to solve the problem through conversations, but they do not always lead to the desired result. In this situation, the best solution would be a trial. But it is not other apartment owners who must apply to the court, but the management company. In his application to the judicial authorities, the representative of the management company puts forward a demand to the court to force the owner to replace the riser.

For your information

Litigation is not a quick process, but it is effective. According to his decision, the owner obstructing the repair undertakes not only to allow repairmen to replace the pipe, but also to install the concealing box (if there is one). The judge can significantly speed up the process of the case by satisfying the plaintiff’s request in accordance with Art. 212 of the Civil Procedure Code.

When can they refuse, and how can they force housing and communal services to fulfill their duties?

The management company has the right to refuse free replacement of the heating riser in the following cases:

• the damage to the structure was due to the fault of the residents;
• the heating system was subjected to independent intervention without making appropriate changes to the technical passport;
• there were serious violations in the operation of the heating system by the owner;
• existence of arrears in payment of operating costs;
• the groundlessness of the performance claim, confirmed by an independent expert;
• the owner’s desire to carry out a radical reconstruction of the system.

It is important to consider that the management company is obliged to provide replacement only in case of serious damage that could cause an emergency, as well as in accordance with the schedule of major repairs after the end of its service life.

If the owner wants to replace the riser without proper reasons, but only for the purpose of modernization, then the management company may require additional payment for more expensive materials and equipment. The company, based on the results of its own inspection, may, instead of replacing the riser, limit itself to a full repair if this solves the problem.

The owner can challenge an unreasonable refusal to provide a free replacement. He can file a complaint with the Housing Inspectorate or the courts. It is completely unacceptable to refuse with reference to the presence of damaged elements of the central heating system inside the apartment. It is illegal to demand additional payment to increase the cost of materials and services if it has not been agreed upon in advance with the owner.

Complaint about poor quality replacement of risers in an apartment building

If the emergency riser is replaced poorly, the apartment owner has the right to file a complaint against the organization responsible for this matter. The complaint is submitted in writing to the State Housing Inspectorate of a specific region of Russia. It indicates the name and address of the owner where the emergency water riser is located.

The complaint consists of a statement and a request. The application must refer to Art. 161 of the Housing Code of the Russian Federation “General requirements for the management of an apartment building” and indicate that the repair work did not eliminate the emergency situation. The petition contains the applicant’s request to oblige the management company to correct the problems in accordance with the standards.

It would not be amiss to attach to the complaint photographic materials proving poor quality work, as well as an act drawn up between the tenant and the management company.