A riser is a connection of pipes through which hot and cold water, heating, and sewerage are supplied to the living space. In case of deterioration or sudden accident, this element must be replaced. The owner should not produce it himself. This is explained by the fact that for work of this nature the water supply must be shut off, and only the management company servicing the house has the right to take these measures.
Also, repair and replacement are technically complex. Their execution requires special tools and qualifications. Therefore, to carry out such work, you should submit an application for replacing the riser to the utility service.
Legal basis for changing risers in apartment buildings
Replacing pipes in an apartment cannot be done by a citizen independently, because the water supply system is considered as a common property of the house.
In accordance with Article 36 of the Housing Code of the Russian Federation, communications that are used to service several residential premises will act as common property, with powers and responsibilities for all residents of the apartment building.
For this reason, the owner of the premises cannot independently change the equipment. Notices must be sent to other owners of such property. Replacing pipes or restoring them is part of the capital and current repair program. In the latter case, it means eliminating minor faults.
Major repairs involve a large amount of work. Each citizen who has the rights of ownership of premises in an apartment building is responsible for paying for the provided housing and communal services, for example, making repairs in the house. The amount is included in the receipt sent to the citizen to pay for housing and communal services.
Repair of a sewer riser is carried out after a serious problem occurs. Funds collected are used to carry out repairs and maintain property belonging to all residents of the house.
Important! If a citizen wants to replace the riser on his own, he will need to contact all neighbors with this proposal. After this, the application is sent to the management company (MC).
Replacing the riser
For each house, a system has been developed consisting of 3 risers: water, sewerage and heating. Each of them is replaced separately, if such a need arises.
Often the following stages of repair can be distinguished:
- the riser is closed to avoid water leakage and water is drained from the pipes;
- old elements are removed. Difficulties may arise with respect to such parts, especially when renovation work is carried out on several floors at once;
- new pipes are being installed;
- all communications are restored and checked for leaks or malfunctions.
It is best to change the heating riser in the entire house at once. This solution will help to avoid difficulties during work; in addition, if an accident occurs, it will be possible to eliminate the problem in a short time. Repair is related to the selection of pipes that are suitable for installing the system.
Possible disagreements with neighbors and management company
The problem is that many cast iron drain pipes are in such a terrible state that they crumble before your eyes with a light touch due to corrosion, dirt and rust eating right through the material. And strong flows during drainage can create gaps. The owner can independently change the heating risers in the apartment by hiring a third-party company that can take on this responsibility, or use the services of housing and communal services specialists.
They are afraid of losing their clients during the period of work, so they are trying to prevent repair work from being carried out.
Therefore, the management company charging additional funds for repairs will be illegal. In this case, property owners need to understand that this money is used to carry out repairs to shut-off valves located directly in the apartment.
It is important to mention that the author of the application is a conscientious payer and pays money on utility bills on time. According to the law, the management company has obligations to the owner of the residential premises to carry out timely repair work with communications.
Most Russians still live not in new buildings, but in multi-storey buildings that were built during the Soviet Union. As you know, at that time pipes were made exclusively of cast iron; the same material was suitable for heavy bathtubs and the simplest and smallest shower stalls. Since the cold water risers, as well as the sewer system, are common property, the company that services the residential apartment building must maintain it, carry out repairs and replace it. Replacing a failed riser falls entirely on the housing and communal services.
Payment for replacement of risers
Government Decree No. 491 of 2006 “On approval of the Maintenance Rules...” indicates that heating and water supply pipelines are common property.
For this reason, repairs and replacements are carried out at the expense of funds that are regularly paid by apartment owners. Therefore, the management company charging additional funds for repairs will be illegal. In this case, property owners need to understand that this money is used to carry out repairs to shut-off valves located directly in the apartment.
Further replacement is carried out at the expense of the owner. The basis for establishing such a rule is that the equipment located on the premises is the property of a citizen. For the replacement of taps, the management company may request a certain amount, and the apartment owner has the right to refuse.
If violations are committed, you can write a complaint to the Housing Office. If the document is ignored, the application is sent to the State Housing Inspectorate.
Please note: funding for the maintenance of socially rented apartments is provided by the municipal authorities. A citizen only needs to write an application for a replacement and wait for the actions of the authorized bodies.
General information about the issue
In early-built houses, the risers through which the sewage system runs and the pipes are cast iron, that is, they are made of a reliable material, but not durable.
And still, the time will come when the plumbing will have to be replaced due to the fact that it is out of order. Otherwise, there may be a leak, damage to someone else’s property, split pipes, or even worse – financial liability.
To prevent tragic consequences, it is necessary to replace the plumbing, namely the sewer riser and the pipes that go from it. More often this happens at the expense of the owners, because they do not contact the management company, but make the replacement on their own.
Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.
How to write a statement
To change the cold water riser, the owner needs to draw up an application and submit it to the management company. If at the meeting it was decided to choose the management option with a homeowners’ association, then the document should be addressed to the HOA.
The act contains the following information:
- name of the company where the application is being submitted;
- an indication of the situation that occurred;
- request regarding repair work;
- date of document generation and signature.
The application for replacing the cold water, hot water, or heating risers has the same form. The only difference is the situations that resulted in the need to replace this element.
Important! The application must be prepared in 2 copies, one of which remains with the tenant.
Where to send your application
Before writing an application, you need to clarify which method of managing the MKD is used. This method is elected at a general meeting of premises owners. The building can be managed by a management company or a homeowners association.
The period for reviewing the completed document is minimal.
In practice, the answer is given the next day. If a negative decision is made and a citizen does not agree with it, he has the right to file a complaint with the Criminal Code. After receiving the application, the management company is responsible for inspecting the risers in residential premises. All circumstances must be taken into account, after which a decision on the complaint is made.
If the answer is again negative, the citizen has the right to contact the judicial authorities or the housing inspectorate.
Important! Until this situation is resolved, independent work on replacing risers is prohibited. Otherwise, sanctions may be applied to the citizen.
Sample application
A sample application for replacement of the riser is used when drawing up the document in question. An example will help you comply with all requirements and avoid mistakes.
Director of Management Company "Strela"
Ivanov Ivan Ivanovich
from the owner of apartment No. 4
in a house on the street Lenina, 23, Moscow
Petrov Ilya Nikolaevich
Statement
I ask you to take measures to replace the riser in my apartment, which is classified as common property as payment for maintenance, that is, without charging additional payment. These provisions are regulated by Decree of the Government of the Russian Federation No. 491 of 2006.
This riser has started leaking over the past 2 weeks. I called an employee of the management company for a consultation, to which I received an answer that it was necessary to replace this element of the system. Now the situation continues to develop, as a result of which it may develop into an emergency.
I regularly and promptly pay fees for the maintenance and repair of my residential building. Therefore, I ask you to carry out work to replace the riser in the coming days. Otherwise, an emergency situation will arise, and my property may be damaged and the apartments located below may be flooded.
In case of refusal, I will be forced to contact the municipal administration and the housing inspectorate.
Application for replacement of a riser in an apartment
Thus, repair work in a residential area associated with changing risers requires special training. Therefore, you need to write an application to turn off the riser for replacement to the management company. Even if an emergency situation occurs in the apartment building, a citizen does not have the right to take measures to eliminate them. All work is carried out by the management company or homeowners association.
Replacing a sewer system in an apartment building is a complex process that cannot be accomplished on your own. At the same time, the complexity comes down not only to technical issues, but also to legal ones, since the sewerage and water supply elements of apartments are not the personal property of the resident. According to the rules, in order to carry out a replacement, you must submit an application to replace the risers in the apartment.
A faulty apartment water supply system can cause constant water dripping and even flooding of neighbors. In addition, old pipes rust and have a dilapidated appearance. The question of replacement is most pressing for residents of old houses where no repairs have been made for several decades.
Who is to blame for this situation?
If a picture arises that a breakdown occurred in a common building riser, and ultimately floods you and your neighbors who are threatening to sue, then you must know for sure: who is to blame for the emergency, you or the housing and communal society? Let's sort everything out in order
According to Article 36 of the Housing Code, hot and cold water supply risers are common property. And on the basis of the Decree of the Government of the Russian Federation dated May 6, 2021, the sewer system is also included in the common property.
Legal regulation
One of the reasons why you cannot replace pipes in an apartment yourself is that the water supply system is classified as common property. According to Art. 36 of the Housing Code of the Russian Federation, engineering communications necessary for servicing several apartments at once relate to common property, rights and obligations in relation to which each owner of a residential premises has an apartment building.
For this reason, the owner of the apartment does not have the right to independently carry out any work without notifying other residents.
Repair and replacement of riser pipes is included in the program of current and major repairs. Current repairs involve the constant elimination of minor faults, while major repairs are carried out rarely and affect a large volume of work at once.
All apartment building residents pay for repairs to their home, and the cost of these services is already included in the total payment for housing and communal services. Repair of risers is usually carried out after a serious malfunction occurs using funds collected for the repair and maintenance of common property.
If the owner of the apartment wants to carry out independent repairs, he needs to coordinate this issue with all neighbors and then submit a written application to the management company (ZhEK).
Repair of pipes throughout the entire entrance
The most correct and least expensive way is to replace the riser in all apartments connected to it.
This will provide the following benefits:
avoid repeated work in the apartment, with damage to the finishing, when replacing risers from neighbors;- achieve a larger discount, since the contractor will be more interested in receiving a large volume of work;
- obtain a higher-quality pipe connection, without additional elements of transition from plastic pipes to steel ones;
- it is easier to resolve all organizational issues regarding disconnecting the riser;
- involve the management company as an organizer and supervisor of the work if the work will be carried out by a third-party organization;
- responsibility, in case of damage, will no longer lie with one owner, it can be assigned to the management company;
- you will not have to pay for disconnecting and connecting the riser.
Features and procedure for replacing the riser
Each house has 3 types of risers: sewer, water supply and heating systems. Each of them is changed separately when the need arises.
In most cases, repairs occur in the following stages:
- shutting off the riser to prevent water leaks and drains;
- removal of old pipes. Difficulties can arise with old cast iron pipes, especially if repairs are carried out on several floors at once. Therefore, it is best to entrust the work to professionals;
- installation of new pipes;
- restoration of communications and checking for leaks or malfunctions.
It is recommended to change pipes in the entire house at once. This will allow you to avoid various difficulties during work, and in the event of an emergency it will be easier to solve the problem. Any pipeline repair involves the selection of suitable pipes, valves and taps, the choice of which is important.
Who pays for the riser replacement?
According to Government Decree No. 491, engineering systems for water supply and sewerage in apartment buildings are classified as common property. Repairs and their replacement are carried out at the expense of funds regularly paid by residents for ongoing repairs. For this reason, the management company should not charge funds for repairs.
However, it is worth considering that using these funds, repairs are carried out only up to the first shut-off valve - the valve that is installed in the apartment. The pipes and equipment located after it are the property of the apartment owner, the repair of which is carried out at his expense. In this case, the management company has the right to demand money for the work, but the owner can refuse at will.
In case of violations by the management company, you should write a complaint. If it is ignored, interested parties can contact the State Housing Inspectorate.
Maintenance and repair of common property when living in an apartment under a social tenancy agreement is carried out at the expense of local government bodies. The resident just needs to write an application to the territorial office of the authority and wait for repairs.
We remind you that even if you thoroughly study all the data that is in the public domain, this will not replace the experience of professional lawyers! To get a detailed free consultation and resolve your issue as reliably as possible, you can contact specialists through the online form.
How to write an application to replace a riser
An application for replacement of risers is written in free form, but the text must be written competently and correctly in order to receive a positive response from the management organization as quickly as possible.
A sample application form will contain the following information:
- name of the organization, as well as the person to whom the application is being submitted;
- description of the situation that occurred, indicating all the circumstances (leakage, dilapidated condition);
- request for repairs;
- date of filing and signature of the applicant.
The application for replacement of the water riser, heating, sewerage system will be the same, with the exception of a description of the situation that occurred. The appeal is drawn up in 2 copies at once, one of which remains with the tenant.
to replace risers in an apartment or a completed application form can be found on our website. The downloaded document is a typical one and should be modified and filled out based on your situation.
Where to write an application for replacing a sewer riser? Depends on the method of managing the apartment building, which was chosen at the general meeting of residents. This could be a management company, HOA or residential complex.
The written application to the management company is reviewed as soon as possible, after which the applicant is given a response. Upon receipt of a refusal to repair pipes in an apartment, the tenant has the right to demand a written refusal from the management company.
The management company must create a commission that will inspect the riser on site and take into account all the circumstances and make a decision. In case of repeated refusal, the interested person has the right to file a written complaint with the state housing inspectorate of the region or the court.
Until this situation is resolved, it is prohibited to carry out independent work; in this case, the apartment owner may be held accountable.
Thus, repairing a riser in an apartment requires some preparation. Even in the event of an emergency, the resident does not have the right to take any action independently, and all work is carried out through the management organization of the house.
Signs that it’s time to repair the riser
Important! Please keep in mind that:
- Each case is unique and individual.
- A thorough study of the issue does not always guarantee a positive outcome. It depends on many factors.
To get the most detailed advice on your issue, you just need to choose any of the options offered:
- Use the online chat in the lower corner of the screen.
- Call: Federal number: +7 (800) 511-86-74
You should write a statement if the following malfunctions are observed:
- Water is leaking or dripping from the riser.
- The structure is rotten, rusty, dilapidated or in disrepair.
- There are complaints from neighbors downstairs about the presence of damp spots on the ceiling.
It is necessary to be attentive to problems with communications inside the house. Without repair, riser pipes can cause a flood and serious damage to both the apartment owner and his neighbors.
What are utility workers required to do?
In accordance with the general rules for maintaining property in an apartment building, full responsibility for the technical condition of communal risers rests with the management company, and in its absence, with the housing office. Residents must know that responsibility ends only at the section of pipe where the first drain valve from the riser is located.
The basis for carrying out work to restore the functionality of the risers will be:
- planned implementation;
- an act confirming that part of the riser requires repair to prevent an accident;
- leak or other problem.
In the apartment
Repair and replacement of sewerage in an apartment lies entirely on the shoulders of the property owner and is not the responsibility of utility services. The owner can independently change the heating risers in the apartment by hiring a third-party company that can take on this responsibility, or use the services of housing and communal services specialists.
If it is not the pipes that need to be repaired or replaced, but the vertical risers, the housing office takes responsibility.
At the entrance
The maintenance of communication risers at the entrance must be fully undertaken by the housing office. But in practice, utility workers are not always willing to do this work. They often find reasons to shift responsibility onto the residents of the house.
To avoid such a situation, it is necessary to contact the management company not verbally, but in writing.
Sewer riser - personal or community property
Please note! In accordance with the rules, it is the responsibility of the owners to maintain and repair communications.
Water pipes that branch from risers must be maintained, repaired and replaced by the owners at their own expense and on their own.
Sewer risers, which are intended for use by several residential premises, according to the rules for maintaining the common property of an apartment building, are classified as common property.
Common property also includes pipes that branch from the riser to the first joint.
Watch the video. Filling the apartment from the sewer:
Who should do the repairs and at whose expense?
Only the owners are responsible for the condition and serviceability of the section of pipes (branches) that are located inside the apartment. If malfunctions occur in this area, the owner of the apartment eliminates them independently at his own expense.
The only exceptions are cases when the housing is not privatized and the work relates to major repairs. When replacing risers inside an apartment, you need to enlist the support of neighbors below and above.
Payment for the replacement of risers, which are in the department of the management company or housing office, is carried out under the article “maintenance and repair of residential premises.” Payments for utilities and living space are charged monthly according to Art. 153 of the Housing Code of the Russian Federation. Therefore, all attempts to force residents to fix problems themselves are illegal.
If it is necessary to repair or replace risers located in common property, and utility workers agree to change the risers, then the owners of apartments in the entire entrance will have to pay for this.
Who should pay for the work?
At the legislative level, it is established that the owners of residential premises are responsible for the maintenance of property that belongs to the common property.
Therefore, if the sewer riser fails, then the management company will repair or replace it using the funds contributed by the residents when paying utility bills (maintenance and repairs of housing).
If a major replacement of sewer risers on all floors is necessary, then the funds for this can come not from the maintenance and repair of housing, but from payments that go towards major repairs. A completely different situation is when the owner, for example, when replacing a bathroom, wants to change the sewer riser, which is still in good condition, then he will bear all the expenses himself, including paying for the work.
Can sewerage be turned off for debt?
At whose expense the heating batteries in the apartment are replaced, read here.
What to do if you flood your neighbors below, read the link:
Please note! Replacement of plumbing in apartments that are municipal housing is carried out at the expense of the municipality.
In this case, the employer writes an application to the municipality, namely to the body that is responsible for city-wide housing and communal services, and this is enough.
Procedure
The current rules for maintaining the common property of an apartment building dated August 13, 2006 state that owners can independently carry out maintenance and repair work or involve third parties to normalize the performance of public utilities. However, there are situations in which the housing office or management company are obliged to replace risers. How to make an application correctly? Is it necessary to hold a meeting of building residents to sign the application?
We will consider the most correct and effective sequence of actions when requesting replacement of risers in an apartment building:
- If major repairs of risers are necessary, a general meeting of residents must be convened (the decision made is duly documented).
- If a quorum could not be assembled or a meeting can be avoided, a collective appeal from interested residents should be drawn up.
- Next, you need to contact the management company or housing office with an application, because the risers are public property and their maintenance is paid monthly as utility bills. IMPORTANT! The application must be written in two copies. In this case, one of them must be certified by the Housing Office or the Criminal Code with a mark of receipt.
Through a third party or individual
You can easily find dozens of offers for riser replacement services on the Internet.
It’s better to choose an organization; it will be easier to ask for quality.
To do this, it is worth concluding an agreement, otherwise you will have to prove the fact that the work was performed by this organization.
But a private owner can do it no less efficiently and cheaper. Here the choice depends on the caution of the owner and the amount of savings.
The management company also needs to write a statement about disconnecting the riser and agree on a replacement. Often the contractor himself does this for the owner. Payment for work should be made after the water supply has been restored and the tightness of the entire riser has been checked.
Example of writing an application
An application for replacement of the riser must be submitted in free form. It must describe in detail the situation that has developed and requires urgent outside intervention. The application is submitted to the head of the management company or housing office.
As an example of a statement, you can take the following sample:
- the header indicates the details of the recipient, the full name of the head of the organization;
- in the middle of the sheet the word “statement” is written;
- the content includes the sender's data (full name, residential address). Also, when submitting an application for replacement of risers, it would be useful to clarify that the owner of the property pays for utilities on time and in full and that the housing office, in turn, is obliged to immediately provide high-quality service;
- give examples of violations of the provision of services, the quality of which contradicts the norms of current legislation;
- at the end of the application you should write a specific request that the apartment owner wants to receive;
- also in the final part you should write a request to inform the applicant about the measures taken;
- The application is signed and the date of application is set.
If you have problems writing an application, you can use the sample that is available in every management company and housing office.
What if they refused?
Both in the apartment and in the entrance, replacement of pipes and risers is carried out only in case of a positive resolution from the utility workers. If the answer is negative, you need to require an inspection of communications with the drawing up of a report on their technical condition.
In case of repeated refusal, a written report is drawn up with the reasons for the refusal. Residents of the apartment will need this document in the event of a break in the risers and flooding of neighbors. Based on the act, it will be possible to make claims and sue the management company.
In fact, risers are considered communal property, and the housing office is responsible for their safety and operation. But this is only in theory. In practice, it is the residents who have to deal with the problem of replacing risers. However, even after writing an application to the housing office or management company, the repair of risers may be transferred to the homeowners.
At the moment, the Fund for Assistance to the Reform of Housing and Communal Services, under Article 185 of the Federal Legislation, proposes to carry out repair work at the expense of the budget. But homeowners will still need to pay at least 5 percent of the assessed value for repair work.
According to the Housing Code of the Russian Federation, management organizations servicing residential buildings are obliged to monitor the proper condition of riser pipes and timely repair worn-out areas. These expense items are included in advance in housing and communal services payments. If the owner discovers damage to the water supply, he needs to submit an application to the management company about the need to replace the riser pipes. It describes the problem that has arisen and indicates the time frame by which work is required.
Replacement of water supply system pipes
The water supply is part of the common property, so its replacement should be handled by the management company or HOA.
The owner of the premises relies on the name of the head of the management company to draw up an appeal and describe the problem that has arisen. Residents do not have to pay extra for the work.
Exceptions include buildings that are not the property of the housing department. Residents are responsible for the condition of common property; repairs are carried out at their expense.
If the apartment owner wants to make the pipeline hidden or move it to another location, he is required to pay for this work. But first, the repairs must be approved by the management company. After receiving the appropriate permission, the owner of the premises can invite workers.
Application for replacement of water riser
To the director of the management company ________________
Owner's name _________________________
Address _________________________________
Telephone________________________________
Statement
The cold water supply in the apartment is in disrepair. A leak in the lower part of the pipe created a threat of flooding for neighbors living on the floor below.
I ask you to urgently replace the worn out pipe. If you fail to act, the costs that I and my neighbors will incur due to the leak will be borne by your company.
Applications for replacement of the riser are provided in 2 copies. You need to keep one, but first put a stamp on it with the incoming number from the secretary of the organization. The second is submitted to the management of the management company for consideration.
Application to turn off water
It is written in free form. The header indicates the position and full name of the manager to whom the application is intended. Next – the owner’s full name, residential address, contact information.
In the text itself you need to place a request to turn off the water, indicate the exact date and time. The type of repair work must also be indicated: replacing the pipeline, installing meters, moving a heated towel rail to a new location, etc.
The organization that will carry out the work is listed below. If a plumber from the housing office will change the pipes, he will also be indicated.
In order for the application to be approved faster, you need to make a note indicating that you have no debts for rent. At the very bottom you need to put the date the document was compiled and sign.
Application to the Housing Office for replacement of the heating riser
Repair work on heating pipes is permitted only during the summer season, with the exception of emergency situations.
The application is drawn up in free form, addressed to the director of the management company, then information about the owner of the apartment is indicated on whose behalf the paper is being written. The rest of the text outlines the problem that has arisen and how to solve it (replacing the heating riser). Be sure to indicate the consequences that will occur if the company ignores the request or responds slowly to the signal. Then they make a record of the absence of debt for housing and communal services.
If the application is accompanied by evidence of a leak or a payment slip confirming the fact that contributions have been made, then after the main text of the application the word “Attachments” is written and each of them is indicated.
Possible conflict situations
Conflicts often arise on this basis. To avoid such an unpleasant situation, you do not need to have a conversation with anyone or enter into an argument. They brought the application, registered it, stamped receipt on your copy, and went home.
Important! If an employee of the management company refuses to accept the application personally, send it by registered mail with notification of receipt to the Housing Department of the district or city, and keep the second copy for yourself.
Let's consider another situation. Conflicts often arise when changing sewer risers with neighbors up or down the riser. In such a case, inform your neighbors that if the work on repairing the riser is obstructed, if the pipe breaks, monetary compensation for all damage caused will fall on their shoulders.
By writing an application to the management company, you shift responsibility for the consequences that may occur in the event of a sewer riser break from yourself. If neighbors refuse to provide the opportunity to carry out work to replace the riser, the management company shifts responsibility to the neighbors.
It is not easy to resolve a conflict situation if there are legal entities on the ground floor of an apartment building. They are afraid of losing their clients during the period of work, so they are trying to prevent repair work from being carried out.
Applications for replacement of sewer riser
Replacing a sewer riser is part of the routine repairs of common property. Such work is carried out based on the decision of all owners of premises in the apartment building.
If one tenant applies to replace the riser, then most likely he will be refused. In order for the paper to be accepted, you need to collect the signatures of the remaining owners of the apartments in the entrance and attach the inspection reports of the riser. The Criminal Code does not have the right to ignore such requests. Based on them, management approves a work plan, without which the organization will be subject to administrative punishment.
If there is no response from the Criminal Code to several such requests, you need to collect them and write a complaint to the Housing Inspectorate.
If there is a leak from a sewer pipe in the bathroom of one of the apartment owners, then it is necessary to draw up a statement about the occurrence of an emergency. In this case, the management company does not have the right to ignore the request, and must replace the worn-out area.
To the director of the management company _________________ Full name of the owner ______________________ Address _________________________________ Telephone________________________________
Statement
Representatives of your organization inspected the sewerage system on March 2, 2018. As a result of the inspection, they decided that it was necessary to replace the riser as soon as possible. I am attaching the inspection report.
Until today, the work has not been completed. I have repeatedly contacted the employees of your organization with a demand to replace the sewer pipe, but each time I was told that there were no materials to carry out the repair. Because of this, the replacement date is constantly delayed.
I ask you to organize urgent work and offset the costs incurred against payment for housing and communal services.
Date Signature