Certificate of flooding of an apartment: how to draw it up correctly, sample 2021

Experienced lawyers note that it is important to know how to draw up a report on the flooding of an apartment, because in the future this will have a direct impact on the compensation process, because this document:

is evidence of the fact of flooding, which was established with the participation of the service organization and other witnesses
indicates objective damage and is the basis for the formation of claims to the guilty party
a necessary element for conducting an independent assessment of damage after the flood and filing a claim in court

The initial stage of compensation for damage from the flood and restoration of violated rights is the preparation of a flood report, a sample of which you can find later in the article. It is worth noting that without an inspection report, it is much more difficult to compensate for damage. On the beginning day, we recommend downloading and reading the Application for the Bay to the Management Company (WORD)

Damage report for apartment flooding - what is it?

The document that confirms the fact of the incident when the apartment was flooded is called the flood act. It identifies the victim and the perpetrators, and also describes in general terms the damage caused.

It is the act that will become the basis for going to court if those responsible for the incident refuse to pay the costs of repairs voluntarily.

As practice shows, it is necessary to draw up an act. Even if the neighbors promised to pay for the damage voluntarily.

Example. Victor flooded Alla's apartment. After eliminating the accident, the man promised to reimburse all repair costs. The girl re-glued the wallpaper and whitewashed the ceilings. She presented receipts for the materials to her neighbor. But the man did not pay the expenses, explaining that the amount was too large. Alla decided to go to court. But it was impossible to conduct an examination, since the repairs had already been carried out.

Unreliable neighbors may promise to pay the costs, but stall for time for the statute of limitations to expire, so that the victims can make repairs on their own, or to reduce the amount of damage after the apartment dries out.

To avoid such situations, it is necessary to fill out a flood report immediately after eliminating the accident. Based on this document, the injured party can go to court to recover damages incurred within 3 years from the date of the accident. Without an act, it is impossible to prove the fact of damage to the apartment and other property.

Legislative regulation

Government Decree No. 354 (with the latest amendments and additions in 2021) regulates the provision of utility services to owners and users of residential premises in apartment buildings. The regulatory document establishes the terms and conditions of service and the procedure for calculating payment. In addition, the act stipulates liability for damage to property, including if the apartment is flooded.

When recovering damages incurred, the injured person has the right to submit a claim to the supervisory authorities and an application to the court to receive compensation. The claim should be filed on the basis of the provisions of Russian legislation, as well as current technical standards.

Civil Code of the Russian Federation:

1064 – damage caused must be compensated in the amount of 100%;
1084 – methods of compensation for damage;
– the article contains the procedure for protecting citizens in relation to their property;
151 – conditions for the recovery of moral damages;
290 (Part No. 1) – determines the circle of perpetrators when an apartment is flooded.

Additional acts regulating damage to housing are:

Art. No. 162 of the Housing Code of Russia - sending an application to the Housing Office or Homeowners Association;
PP No. 354 - responsibility and actions of the management company in case of flooding of the premises;
Federal Law No. 2300-1 (current version 2021) is a law on the protection of consumer interests.

Watch the video: “All about the Bay Act. How to get the right act."

Who can draw up a deed?

The responsibility for drawing up the report falls on the engineer of the management company. However, if the house does not use the services of a management company, then it is permissible to call an HOA engineer.

If the house does not belong to the HOA, then to draw up the act it is necessary to involve the person in charge of the house. It is necessary to call 2 neighbors as witnesses. They must be Russian-speaking and of legal age.

When drawing up a report, it is advisable to invite the person responsible for the accident. He must participate in the inspection process. The compilation process can be filmed. If the culprit does not agree with the contents of the act, then he can record his refusal to sign the document.

Note! If the act is drawn up by the victim independently, without the participation of witnesses, the building manager, HOA or management company engineers, then the document may not be accepted by the court for damages.

How to draw up a claim for compensation for damage from flooding of an apartment? Step by step order

What to do and how to recover damages if the neighbors above flooded? Step-by-step instruction

Who is doing

The act is drawn up not by one person, but by a group. It includes:

the victim is the owner or tenant of the property;
the culprit - if he agrees and is present at the time of inspection of the apartment;
neighbors who will be able to both witness the incorrect behavior of the guilty party, and simply take part in the inspection and confirm the damage caused;
an employee of the management organization (or housing office, homeowners association) that maintains the building.

These are the main participants who must be present when drawing up the documentation.

Form and content of the act

The act is drawn up in writing. The authorized person must draw it up in 2 copies (one for the victim, the second for the Criminal Code).

The victim, authorized person, culprit, and witnesses must sign at the end of the document agreeing with the information entered.

An important point in the act is to indicate the cause of the flooding. That is, an authorized person must go to the apartment of the culprit and personally record the fact of the accident.

If the culprit does not allow entry into the apartment and prevents inspection, then it is necessary to inspect the apartment located above him. This is required to establish the fact that the leak did not occur at their place.

Note! If the culprit does not allow the apartment to be inspected, this must be recorded in the act.

If the person drawing up the report did not personally see the leak in the culprit’s apartment, then the column “Causes of flooding” in the report is not filled in.

Sample report on flooding of an apartment (+form)

The document must contain the following information:

Title of the document.
Address of the affected apartment.
Reasons for drawing up the document.
Homeowner details.
List of citizens present.
Availability of mortgages on utility bills.
Availability of redevelopment.
Information about the accident.
A detailed description of the damage caused to the premises.
List of damaged furniture and household appliances.
Causes of the accident (if established).
Conclusions of the commission.
Signatures of all inspection participants.

Sample act

Detailed recording of existing damage

Drawing up this important document in case of flooding is desirable in the near future after flooding of non-residential and residential premises. Subsequently, you can invite the service company’s employees again to record all damage that appears over time (fungus, peeling, swelling, etc.).

The survey report must display the following information about residential or non-residential premises:

location of the flood and its consequences (the area of damage on the walls and ceiling is measured);
the damaged furniture is described (its placement, manufacturer, type);
if there is flooded electronic equipment, its technical passport, manufacturer, and model are indicated;
if the goods are damaged, the act shows in general terms the nature of the damage to the goods and materials and the approximate volume;
We recommend that you take photographs or video recordings of the scene of the incident.

When drawing up a Flood Report, the fact of equipment malfunction is usually not indicated, due to the lack of qualified and professional skills among the commission members to determine the operability of the electronics.

What evidence will be needed?

When drawing up the act, you need to prepare other evidence of damage. To do this you need:

take photos of the affected areas of the apartment;
conduct video shooting.

Note! There is no need to conduct video recording in the culprit’s apartment. This may be considered an invasion of privacy.

If the culprit is not allowed into the apartment and the reasons for the flooding have not been established, then an examination must be ordered. An expert will inspect the apartment and prepare a report on the causes of the accident.

Additionally, a damage assessment will be required. To do this, you need to contact an appraisal organization. Before concluding a contract, you need to check with the appraiser whether there is a license to carry out such work.

On the appointed day, the appraiser will visit the apartment and conduct an inspection. Based on the results, he will prepare an evaluation report. It will indicate the amount that can be recovered from the culprit as compensation for damage.

How does the Criminal Code assess damage?

The damage caused is assessed by inviting an independent expert. This may be a representative of an organization or an individual. Required condition: membership in an SRO and availability of insurance against an erroneous decision. If an expert is involved, you should ask him to provide documents confirming his competence.

The expert appraiser is presented with a flood report signed by the commission and a document confirming the right to the premises. Before it starts working, no repair work should be carried out. If it was impossible to do without them, then you will need to submit payment documents for the costs incurred (checks, receipts).

Based on the results of the inspection, the appraiser submits a report with an assessment of all damages and the amount of total damage. This document is presented to the culprit for compensation, and if he refuses, it is submitted to the court.

How to draw up the correct act?

Rules for drawing up the act:

Call a specialist to draw up the document immediately after the accident. He must visit the apartment within 12 hours from the moment of notification to the management company or HOA. If the specialist ignores the call, then you need to write a complaint addressed to the manager.
The presence of the culprit when drawing up the document is desirable, but not required. If he is absent for a good reason, then you can draw up a deed without him.
A specialist must inspect the culprit’s apartment. Tenants, spouses, and parents can provide access. It is not prohibited to inspect the apartment in the absence of the owner.
If there is no access to the apartment, then an entry is made in the act about the absence of the owner of the apartment, which is located above, where the accident supposedly occurred.

Purpose and legal effect

In everyday life, such an act is called differently. But the main purpose does not change, this is primary accounting, recording the following points:

bay;
total monetary damage caused to all rooms separately;
material damage that was delivered to a certain thing (movable objects, expensive items);
confirmation of the fact of inspection of such flooding by neighbors, the culprit (if he gives consent), and also by employees of the management company.

In any case, regardless of the specific example and the form in which the paper was drawn up, the act confirms the fact of flooding of the premises and general material damage. Compilation is a mandatory procedure even in situations where the flooding was not noticed immediately.

Lawyer's answers to private questions

I'm renting an apartment. The tenant forgot to turn off the water and left the house. The apartment on the floor below was flooded. At that moment I was on vacation and found out about the incident only after receiving a pre-trial claim. But I was not present during the inspection of the apartment. My signature is not on the document. Can I challenge the document since it was drawn up without me?

No. The law does not provide for the obligation of the victim to notify the perpetrator of the incident. The absence of a signature is also not considered a valid reason for invalidating the act.

Procedure for flooding

Let's look at the procedure for the injured party's actions from the moment of flooding to compensation for losses, using the example of flooding a supermarket sales area.

Upon receiving information about the accident, the owner of the supermarket (who is most likely the tenant of the space) must notify the owner of the premises. Then you need to call the employees of the service organization and go to the scene yourself.
Upon arrival, you need to de-energize the room, or make sure that it is de-energized, turn off the water and find out the cause of the flood.
Next, the procedure for drawing up a flood report, described above, is carried out, either in the presence of utility employees, or independently. The tenant may be a representative of the injured party (owner); this is noted in the deed.

All the above actions are carried out by the injured party on the day of flooding of the property. Further actions, such as inviting an appraiser to conduct an independent examination, negotiations with the culprit on voluntary compensation for material damage in pre-trial order, writing and submitting a statement of claim to the court for flooding and recovery of material assets from the culprit according to the assessment estimate of an independent expert, as well as an application to the address insurance company upon the occurrence of an insured event may be carried out later.

When inviting an appraiser, you should indicate losses incurred as a result of store downtime, as well as damage to goods, electrical equipment and equipment; monitor the recording of the area of damage and the consequences of the flood.

If negotiations with the guilty party did not end with the latter making the correct decision, you can file a claim in court.

Memo for the victim

Call emergency services to stop the flooding.
Informing the management company to collect a commission and draw up a report.
Definition of commission.
Determination of the culprit.
Recording flood damage.
Identifying the cause of the flood.

Damage assessment

It is advisable for the victim to contact the management organization on whose balance sheet the house is located. In reality, things do not work out the way the injured party wishes. A management company can assemble an appropriate commission, but such an organization often simply does not have the necessary specialists on staff.

It is advisable to have the damaged property assessed, which entails some liability. Not every employee of the management company, much less its management, will agree to take on this responsibility. This is especially true for cases of flooding of apartments with expensive repairs and far from budget household appliances.

If the director of the management company refuses to collect a commission, the injured party has the right to turn to third-party specialists. Professional organizations were created a long time ago. They have relevant experience in such cases. When selecting such a company, it is worth considering a number of requirements that apply to such organizations:

Mandatory participation in the Community of Appraisers.
Availability of company insurance documents for 300 thousand rubles or more.
Availability of higher specialized education for employees.
Possession of a certificate allowing for the assessment of damaged property at a legal level.

By the way, it is professional companies engaged in independent assessment of damaged property that inspire the greatest confidence in judges. And this is justified, since such specialists are often turned to when significant damage has actually been caused and serious investigation is required. Minor damage does not require special assessment. Here you can get by with the actions of the management organization.

Sample 2021

When checking the 2021 sample, the time of drawing up, how to draw up the document, great attention is paid to the general content of the act.

In any case, the document must indicate:

Header – in the right corner of the document, begins with the phrase “APPROVED”.
The full name of the management of the company that manages the housing stock, which includes the building, is indicated. There is also a place for the signature of the management and the company seal.
Name, document number (serial), place and date of completion.
The paragraph begins with the phrases “ The commission consists of ” - the names, surnames, positions of employees of the Homeowners Association, TSN, etc. are written down (everything is written on empty lines).
The registration continues: “ I have drawn up this act ” - then the number of the apartment where the flooding occurred and the owner’s full name are recorded.
Characteristics of the building in which the apartment is located - year of construction, floor, etc.
It is indicated where the water came from - apartment number, full name. the culprit neighbor.
The damage and the amount of damage in monetary terms (rub.) are indicated
Below are the reasons for home flooding.
What standards for the use of residential premises were violated?
What needs to be done if the damage is repaired, and in what time frame.
Signatures.

Who is on the commission

The flood report is drawn up by a commission - we’ll figure out who should draw up the papers. The flood commission may include:

owner or tenant of the premises;
the guilty party is the upstairs neighbor;
representative of the management company or HOA;
other neighbors who act as witnesses to what happened.

The number of commission members is not limited, but in practice three or four people are sufficient. All of them must be adults and fully capable.

It is important to calculate the amount of damage

The cost of this item consists of the actual cost of damaged areas of coatings and damaged household appliances, as well as moral damage caused. The latter is determined by the court. Appraisers provide data on the financial side of the damage. When determining property damage, factors such as:

Repair . If it is necessary to do it, then the cost of restoration and expenses for the work of craftsmen, if any are invited, are taken into account. Plus the cost of household appliances.
Complete reconstruction of the premises . Often a room has to be completely remodeled, buying completely new property, not to mention equipment. In this case, the market value of things is taken into account, without taking into account their wear and tear.

Will ordinary housing office employees be able to cope with such a difficult task? Of course no. In this situation, only highly qualified specialists can assess the extent of breakdown of expensive equipment and damage to modern repairs.

Text

The text is written only in an official business style. The most important thing is complete specificity, a clear statement of facts. That is, all information should be perceived unambiguously, and no one should have any questions about the act. What should be done:

Describe all the rooms that were damaged, if possible, write down the total square area that was damaged by the flood.
You need to be specific when explaining . For example, instead of “the wallpaper in the kitchen is damp,” write “the top of the wallpaper in the kitchen is damp at a distance of 70 cm from the ceiling on the wall to the left of the window.”
When describing damage to property, it is better to give its official name , especially in situations with expensive items. For example, “the system unit of the Samsung ArtPC Pulse model from 2017 is flooded.”

Thus, it is not so important which example of the act the victim will use when describing things damaged due to the flooding of housing in 2021. It is much more important to maintain order, invite witnesses, and fill out the act as quickly as possible.

General provisions

Drawing up an act of flooding an apartment is a stage that follows the first actions aimed at eliminating further flooding and preventing accidents, namely:

Power outage in the apartment.
Calling emergency services and management company employees.
Notifying neighbors who are leaking that they are flooding.
Saving property from further destruction.

The latter is not the responsibility of the victims; it does not affect the amount of compensation for damage caused. Even if in court the defendant indicates that the quick actions of the plaintiff could have saved some property, the court will not take this into account. During a flood, the injured person has other urgent actions, the implementation of which affects the health and life of his family members, including himself.

It is not recommended to take measures on your own and turn off the water throughout the house or riser. If such actions cause damage, the person who committed them will have to compensate, even if this is a person affected by the flood.

As soon as the first hours are over, the emergency service and employees of the management company are on site, the leak is eliminated, the next question in a situation where the apartment is flooded is how to draw up a report. Its purpose is to document :

Dates and locations of the incident.
Causes of flooding.
Cause-and-effect relationship between the bay and property damage.
Information about who is responsible for the flood.

The victim will refer to this document when drawing up and filing a claim in court and defending his position in it.

In addition, drawing up an act on the flooding of the apartment is necessary to fill out an application for an examination. Based on the latter, the court determines the amount of damage caused by the flood. The specialist carries out the necessary work on the basis of an application, to which a report is attached as one of the documents. Its absence leads to refusal to perform assessment work.