Sample report on roof leakage and why it is needed

In spring, thunderstorms are very frequent, which can result in roof leaks. This situation is not uncommon today, since most houses were built decades ago, and the roof became unusable long ago. When exactly a stream of water will run across the ceiling of the Khrushchev building is only a matter of time. Most people, out of ignorance, can troubleshoot problems on their own, but in fact, this should be done by the housing and communal services department.

A roof leak report is a regulatory document to which housing and communal services employees must respond and send a repair team immediately after a resident’s request. With the onset of cold weather, the issue of roof leaks becomes a very serious problem and poses a threat not only to people’s property, but also to their health.

Roof leak report sample

“A man who has achieved complete perfection is above all animals; but he is lower than everyone else if he lives without laws and without justice. Indeed, there is nothing more monstrous than armed injustice.”

Pages

Article Archives

  • July 2021 (7)
  • June 2021 (21)
  • May 2021 (12)

Categories

Recent Entries

Recent comments

  • Oleg Zalogin on We are writing a certificate of inspection of the residential premises ourselves
  • Valentina to the entry We write an ACT for the inspection of the residential premises ourselves
  • Albina on We are writing a certificate of inspection of the residential premises ourselves
  • Oleg Zalogin on Sit down and think - your neighbors - who are they?
  • Slava from Tyumen to the post Sit down and think - your neighbors - who are they?

May 12, 2021 at 8:11 pm Author Oleg Zalogin

An example of an apartment inspection report after a flood

A sample form for filling out can be found on various online resources or directly on the official website of the housing organization. If you couldn’t find it, you can compose it yourself.

An example of an inspection report for a premises after a flood:

Members of the commission consisting of: Ivanova A.A. – representative of the Management Company, Petrova V.V. – plumber of housing department, Sidorova I.I. – owner of the apartment (mandatory, if present, witnesses and the culprit are also indicated here)

An inspection of the premises was carried out at the address: Moscow, st. Lenina 1 bldg. 1 apt. 1

Upon inspection of the apartment, property damage was identified: here follows a detailed description of the damage.

The flooding of the residential premises presumably occurred as a result of (the reasons and date are listed).

Date of formation of the act.

Initials, signatures and comments of commission members.

As an appendix, you can make a list of documentation confirming the specified information (expert opinion, photographs, videos, certificates and extracts).

Why do you need to draw up a leak report yourself?

“You have to learn from your mistakes. And it is impossible to avoid them.

The worst thing that can happen to you is to live

gray life without delusions.” — Bernard Werber “The Book of Travel”

Greetings, dear reader of my blog!
Today we will learn:
  1. Why sometimes you need to draw up documents yourself.
  2. What to do with such self-made ACTs?

If you spend a little time studying the law...

So why do the ACT about roof leaks ourselves ? Several times I came across a situation that seemed absolutely no-win. After all, management companies create their chaos not only by taking advantage of our disunity. Legal illiteracy is another pillar on which our troubles are based.

And here, like no one else, I understand all those who do not know our laws. Each person chooses a profession and life interests

and knowledge priorities. We don't want to fill our heads with unnecessary information. It distracts and clogs memory cells. But sometimes it happens that you have to study the laws, if only because lawyers are either very expensive or consider your case too “ cheap ” and do not hide it. They roughly say the following: “Yes, we understand you, but you also understand us. Your case is trivial from the point of view of payment. Well, ten, well, fifteen thousand. And in general, what will we do in court? Confirm the words from the statement of claim to the judge?” In general, something like this.

In this section we publish real documents to real authorities on this not yet completed case. I hope this helps someone.

Certificate of roof leakage

Certificate of roof leakage

At the time of writing, the act was sent by a valuable letter with an inventory of the investment to the manager. The answer has been received and will be published. However, our copy of the ACT with or without the signature of a representative of the management company was never returned to us. They probably think that we don’t have this anymore...

And what do you think?

Such actions on the part of the administration of Zhil-Comfort LLC give rise to sad reflections. Offhand it comes - something is wrong there. Let's figure it out together - WHAT.

Purpose and legal effect

In everyday life, such an act is called by different terms - about flooding, about a leak, about a flood, or simply about causing material damage (sometimes also an inspection act). The main purpose is primary accounting, recording the following facts:

  • actual flooding;
  • material damage caused to each individual room in the apartment;
  • material damage that was delivered to a specific item (movable objects, valuables);
  • confirmation of the fact of inspection of this damage by neighbors, the culprit (if he agreed), as well as representatives of the management company that maintains the house.

Thus, regardless of the specific sample and form in which the act was drawn up, the document records the fact of flooding of the apartment and the corresponding material damage. This document can be used in subsequent proceedings, including trials, as primary or additional evidence.

Compilation is a mandatory procedure even in cases where flooding was not detected immediately. For example, if the owner or tenant of a home returned from vacation and saw the consequences of an incident, it is necessary to record such circumstances and describe the damage on paper.

Roof leak report: sample

If the guilty party does not eliminate the identified leaks in the roof, which is in a condition that prevents the use of the property for its intended purpose (for living), the owner of the apartment has the right to demand full compensation for losses caused in connection with this.

Paragraph 3 of Article 1 of the Civil Code of the Russian Federation determines that in the course of establishing, exercising and protecting their civil rights, as well as fulfilling relevant obligations, each party to legal relations is obliged to observe the principle of good faith.

The emergence of civil rights and obligations is also associated with the direct conclusion of agreements, as follows from subparagraph 1 of paragraph 1 of Article 8 of the Civil Code of the Russian Federation.

Article 210 of the Civil Code establishes that it is the owner who must bear the burden associated with the maintenance of his personal property, unless otherwise follows from the terms of the agreement or the law.

When registering property for rent, in accordance with the lease agreement (property lease), the lessor (lessor) has the obligation to provide the lessee (tenant) with the property under the terms of the agreement for a predetermined fee for the purpose of its temporary use and possession. This is determined based on the provisions of Article 606 of the Civil Code of the Russian Federation.

All objects that are the subject of a lease agreement are listed in Article 607 of the Civil Code of the Russian Federation.

In accordance with Article 608 of the Civil Code of the Russian Federation, it is the owner who has the right to legally rent out his property. The only exception can be a person who is endowed with such a right by the owner himself or by law.

Paragraph 1 of Article 611 of the Civil Code of the Russian Federation states that the lessor has the obligation to transfer the property to the lessee in its proper form, which must comply with the terms of the lease agreement and the direct purpose of the property.

The obligation of the parties to properly maintain the leased property is enshrined in Article 616 of the Civil Code of the Russian Federation. In accordance with paragraph 1 of this article, the lessor is assigned the obligation to carry out major repairs of the leased property, unless otherwise provided by laws, other regulations or the lease agreement.

As for the tenant, according to paragraph 2 of Article 616 of the Civil Code of the Russian Federation, he must take measures to maintain the property temporarily used by him in good condition, carry out routine repairs at his own expense and bear the costs of maintaining the property, unless other conditions are changed. lease agreement or separate law.

The tenant may demand early termination of the lease agreement by applying to a judicial authority (clause 4, part 1, article 620 of the Civil Code of the Russian Federation) if circumstances arise in which further use of the property seems impossible, however, provided that the tenant himself is not to blame for this .

All obligations assumed by the parties must be fulfilled accordingly, in accordance with contractual obligations and requirements established by law, other regulations, and if there are no such conditions or requirements, in accordance with business customs or other requirements put forward. All this is described in Article 309 of the Civil Code of the Russian Federation.

Articles 15 and 1064 of the Civil Code of the Russian Federation say that anyone whose right has been violated has the opportunity to demand compensation for the entire amount of damage caused, unless the agreement or law provides for other compensation for damage.

Initial steps

Ideally, your signal should be responded to immediately after an oral appeal to the Housing Office. You came or called, reported a roof leak, thanked you for the information, and in the near future specialists will inspect the problem area. Sometimes, of course, this happens, but such responsiveness of utility workers is very rare in our country.

A written statement is much more effective. This is a real document that can no longer be ignored. If the responsible persons fail to act, it can be used if there is a need to sue the housing organization. It will also be useful if you try to influence housing and communal services workers through the media. A sample of such an application should be provided to you by the Housing Office.

Submitting an application

A roof leak claim must be made in the following order:

  • recipient's coordinates - the name of the housing office with its number and legal address (upper right corner);
  • surname and initials of the head of the department;
  • your data – address where you are registered or live, passport number, phone number;
  • with a small letter "statement." (in the middle, through the line);
  • the main part, which describes in detail the essence of the problem;
  • date with signature.

In the main part, it is not enough to simply state that the roof needs repairs and needs to be fixed. The topic should be covered as widely as possible. The application must be signed by the director of the housing office and registered under a certain serial number. One copy remains with them, the other you take for yourself. If the result of a roof leak is damage to your property, you must urgently draw up an apartment flood report. To solve this problem, you should call the emergency technician on duty. Otherwise, obtaining compensation for damage will be very problematic. Call us even if signs of flooding do not look too serious. Very often the scale appears only after some time.

The first thing you should do when you see that a roof leak is directly affecting your apartment is to start recording all the damage. A thorough photo and video report will be the most important argument in court proceedings. Having timing will be a huge plus. When drawing up the report, at least three representatives of the operating organization must be present.

The main part of the application for roof repair

The entire essence of the document should reflect the problem in all its manifestations. In this part of the application, it is not enough to simply write that the roof is leaking. It is necessary to give a complete picture of the problem. That is, it is important to reflect when and who noticed the malfunction or leak, the number of the apartment in which it was discovered, and even the amount of damage caused.

It is then important to detail the evidence as to why urgent roof repairs are necessary. It is important to describe the nature of the problem and the damage it caused - collapse, flooding, cracks, etc.

In the event of flooding, it is necessary to photograph the incident and thus record the fact of damage. The photographs will serve well during an independent examination or trial.

When writing the main part of the document, it is better to use phrases that are based on regulatory documents. As an example, “based on Articles 162 and 36 of the Housing Code of the Russian Federation, as well as Article 4 of the Law “On the Protection of Consumer Rights,” I ask...” References to the regulatory framework indicate the applicant’s awareness of his rights and a clear desire and ability to defend them.

Requests must be submitted under serial numbers. They are formulated clearly and clearly. In addition to requests, the document indicates a requirement to draw up an act for compensation of damage. At the end of the application is a list of documents that are required for submission. We also add here a copy of photographs with material damage caused.

Submit your application in person or by registered mail with notification. If, upon personal application, the dispatcher refuses to accept and register the application in the appropriate journal, then it is necessary to visit the housing office again, but in the presence of 2 witnesses. After this, the appropriate mark is placed on the application, and witnesses confirm the fact of acceptance of the document.

In this case, you can take another sample application from the dispatcher, since the roof may leak again. “The roof is leaking in the garage, what to do, how to repair it.”

Drawing up an act

The roof leak report is drawn up in approximately the same way as the application. It displays:

  • the exact address of the problem apartment;
  • date of;
  • positions of inspectors and their names (from three people);
  • a description of all the consequences, possible causes of the incident, possible hidden damage;
  • facts of risk to the lives of apartment residents (for example, in the event of a problem with electrical wiring).

The law allows three days to draw up a roof leak report. After completing the document, it must remain with you until the issue of compensation for damage is resolved. Experts also recommend contacting independent appraisers. Housing workers are interested in reducing the amount of compensation as much as possible. Experts will determine the exact amount of damages, which the court will take into account. This is a paid service and not the cheapest, but, as practice shows, such an investment is justified.

Additional actions

While waiting for a response from the housing office in your roof leak case, you can send several letters of complaints to various high authorities. First of all, to the Housing Committee. In addition to the act and statement, include a floor plan of the apartment and photographs of the damage. You shouldn’t expect any real practical benefit, but such a measure certainly won’t hurt.

You can also report your situation with a roof leak to the governor’s office, the city prosecutor’s office, or the head of the district administration. At first glance, such activity looks premature and unfounded, but it makes sense. The more noise you make, the more likely it is that your business will be noticed.

Important points

So those in charge continue to demonstrate that there is no problem. In such a situation, there is nothing left to do but go to court. Having in your hands a roof leak report, a report from independent appraisers and a copy of the application to the housing office, you have every reason to qualify for compensation. According to the articles specified in the law “On the Protection of Consumer Rights”, the housing maintenance office is obliged to compensate you for losses in full without any but.

They also have to pay the state duty. Naturally, in the event that they find themselves on the losing side in this roof leak case. In addition, the court must fine negligent performers an additional 50% of the amount they are required to pay to the injured party. This is a fine imposed for failure to satisfy fair claims voluntarily. Unfortunately, in practice things are often much more complicated. According to the law, if the amount of damage does not exceed 50,000 rubles, the issue must be resolved within 21 days. In reality, such cases can drag on for many months.

At the same time, even if you win a case regarding a roof leak, do not rush to rejoice. It's great that the law is on your side, but having a court order doesn't make the problem go away. Many industry representatives feel complete impunity, even despite the existence of criminal liability. You also need to be prepared for this. It is possible that you will be able to resolve the issue without all the above worries, but additional insurance measures (like letters to various authorities that we mentioned) will not hurt.

If the process is delayed and the situation in the apartment worsens, repair the roof at your own expense. This is a last resort, but sometimes there is simply no other choice. In this case, be sure to save the employee employment agreement and all receipts. The money will be required to be returned plus compensation for material damage. The housing office must also pay for the examination of independent appraisers. The main thing in the process of dealing with employees of the housing maintenance office is not to give in to emotions and act strictly according to the procedure.

If the company does not want to compile it

Often it is the management company that is to blame for the flooding and refuses to draw up a report. In this case, the act is drawn up independently (in the presence of witnesses) and sent to the organization by mail (with notification of receipt).

In this case, a note is made in the act that the organization was informed of the need to be present at the accident site, but did not send its representatives to conduct the examination.

How to calculate the damage in this case?

If the management company refused to attend the scene of the accident, did not inspect the damaged non-residential premises, or violates the deadlines for drawing up the report, then an independent appraiser can be invited. This can be a representative of a company or an individual (but must be a member of a self-regulatory organization of appraisers and have insurance).

The expert works with the accident report in hand and verifying ownership. It is not advisable to carry out restoration work until the damage has been assessed.

After completing the inspection and examination, the appraiser draws up a conclusion indicating the amount of damage. Payments for the services of an independent appraiser can be included in the amount of the claim (if one is created).

Why should you choose an independent appraiser?

The damage assessment carried out by the management company often does not provide a complete picture: the culprits of the accident are not identified, but only the facts are recorded. An independent examination can indicate why it happened later and who is to blame.

If a thorough and attentive approach to the matter is required, excluding the interest of any of the parties, it is better to turn to outside specialists. Advantages of an independent examination:

Sample report on roof leakage and why it is needed

In spring, thunderstorms are very frequent, which can result in roof leaks. This situation is not uncommon today, since most houses were built decades ago, and the roof became unusable long ago. When exactly a stream of water will run across the ceiling of the Khrushchev building is only a matter of time. Most people, out of ignorance, can troubleshoot problems on their own, but in fact, this should be done by the housing and communal services department.

A roof leak report is a regulatory document to which housing and communal services employees must respond and send a repair team immediately after a resident’s request. With the onset of cold weather, the issue of roof leaks becomes a very serious problem and poses a threat not only to people’s property, but also to their health.

Creatures

Such cases include incidents involving flooding of apartments. This situation, as a rule, entails quite large material losses. After such floods, the guilty party can end up with a hefty sum of money, as it causes losses not only to themselves, but also to the people living below. Maybe people living on the first floor are insured against this, since they personally are unlikely to flood anyone, but they can also become victims of a flood, since someone lives above anyway.

In some circumstances, the party at fault does not want to compensate for losses. In such moments, the legal process comes to the rescue.

What is an act of leakage and why is it needed?

If the party that undertakes to monitor the condition of the premises - this may be the housing and communal services, or perhaps the landlord of the premises - does not want to take any actions aimed at improving living conditions and compensating the injured party, a leakage report is drawn up. When signing a lease agreement and purchasing an apartment, an agreement is signed that the landlord or housing and communal services assume the burden associated with maintaining the apartment in order. If it was discovered that water was leaking from the roof and got into the apartment, but the landlord did not correct the noticed problems in due time, then the tenant has the right to demand compensation from him, even though the roof leak is not a separate clause in the lease agreement. In addition, the tenant has the right to terminate the lease due to the impossibility of using the real estate.

In no case should the tenant repair the roof at his own expense, since according to the contract, he is obliged to carry out cosmetic repairs during the use of the real estate, and bear the costs of maintaining the premises in its original form.

As for housing and communal services, the house is on the balance sheet of the city and the owner of one of the apartments can submit a claim for damages and demand that the state-owned enterprise completely repair the roof, since he pays the cost of utilities on a monthly basis. Housing and communal services workers who are dishonest may in every possible way avoid fulfilling their obligations and insist on the lack of funds for repairs, but this is not so. Funds for roof repairs, housing and communal services must take from the capital repair fund, which is budgeted annually. Moreover, the appendices to the Rules for the Technical Operation of the Housing Fund state that if roofs are leaking, then housing and communal services workers must deal with the problems within 24 hours.

Valuation of the management company

The management company assesses the damage based on the drawn up report. The inventory includes the work that needs to be done to repair the damage. It also includes the price of damaged furniture, appliances, and the costs of putting the room in order.

A representative of the management company inspects the affected areas, studies the causes and results of the flood, and records the total amount of damage in his report. This document is then presented to the guilty party for compensation. The victim has the right to involve independent experts in the assessment, and also include lost profits in the amount of payments.

Sequence of actions in case of a roof leak

The first thing you need to do when you notice a roof leak is to keep a video and photo report. Try to show as clearly as possible in the photographs the volume of leakage and the nature of damage to the finishes and furniture. It is very important to enable date and time reporting on the camera, if available. If your apartment is insured, be sure to call a representative of the insurance company to compensate for the damage and register an insured event.

Next, prepare a piece of paper and a pen, start calling the relevant services to find the person responsible for the situation that has happened. Most likely, you will have to call a lot of authorities, but you must be prepared for this. The best place to start is with the phone numbers listed on your utility bill receipts. After you find the person responsible, be sure to write down the time you contacted him, his last name, first name, and the response you receive. You can also check with the responsible employee under what number your application was registered in the request log. Next you need to build on the time of circulation.

After 12 hours, if you do not receive results or an answer, you can draw up a roof leak report sample, which can be found on the Internet. It is very good to publicize the situation, that is, contact the regional media or the city administration.

Sample leak report and troubleshooting yourself

If you need to draw up a roof leak report, a sample can be taken from the housing and communal services department, but there is no single form or template for drawing up this document. The operating organization itself can develop the form of the act and give you an example, but it must indicate:

  • last name, first name and patronymic of the person drawing up the roof leak report;
  • time and date of flooding of the apartment;
  • reasons for the flood;
  • probable culprit of the damage caused;
  • a description of damage to the apartment and other losses suffered by the tenant or owner of the apartment due to a leaking roof.

After you have filled out the form, it is advisable to do it in duplicate, you go to the housing and communal services office, this is if you are the owner of a flooded apartment. If you are a tenant, then of course you call the landlord, and he, in turn, carries out these actions. The director of housing and communal services must accept your application and put his signature on both copies, register the application, assigning it a serial number.

One copy is left at the housing and communal services department, and the second is given back to you. This will be strong evidence in court that you asked for help and your request was ignored if no action is taken to correct the problem.

If you have not received help from housing and communal services, the next authority is Potrebnadzor, which is obliged to protect the rights of consumers and, of course, the court. You draw up an application, attach to it a photo and video demonstration of the damage, an act signed by the director of housing and communal services, and your appeal will be considered in court. To speed up your case, you can also file a corresponding complaint with the prosecutor's office.

If you undertake roof repairs yourself, since you don’t have time to contact landlords or run around housing and communal services, be sure to keep all receipts and the contract for hiring workers to eliminate defects. In the future, all the money you spent must be returned, in addition to compensation for damage to the material property that was received. All examinations that will be carried out to assess property damage will also be subsequently paid for by the party that is found guilty of the situation.

Claim

For a peaceful settlement, the victim draws up a document where he indicates what his rights were violated, what he proposes to do to resolve the situation.

Where to send?

The claim is submitted to the culprit by registered mail (the documents sent must be described). The claim can be submitted to the company in person. The document records the incoming number, date, surname and name of the employee who accepted the paper. The submitter also signs the document.

The claim is drawn up in two copies (one for the victim, the other for the culprit). If you can’t bring the papers yourself, you can send them by mail. But be sure to send it by registered mail with acknowledgment of receipt.

How to compose?

Claims must be made only in writing. It can be drawn up either by a lawyer or by the victim himself according to the sample. The document states:

If the culprit does not accept the claim or does not want to pay the amount in full, then it is necessary to file a claim in court. The victim (owner of the premises) draws up this statement based on the Code of Civil Procedure of the Russian Federation, Art. 131 and 132. The claim must contain a description of the case, the amount of damage, and demands against the perpetrator.

Where to contact?

The claim is filed at the place of residence of the defendant (in this case, the party responsible for the flooding). However, if in the event of a flood both the defendant and the plaintiff are located in the same house, the claim can be filed at the address of the flooded premises. Both the owner and his authorized representative can apply to the district court.

If it was ignored

The following documents are proof that the injured party took measures for a peaceful settlement, and the culprit ignored them:

These documents should be attached to the statement of claim. 20 days after receiving the above-mentioned papers, the victim can go to court (if the claim specified exactly such a period for resolving the dispute). In the event of flooding of non-residential premises - even if great damage has been caused and the consequences of the accident interfere with work - you need to be patient.

Only careful recording of damage, documentation of what happened, inventory, careful assessment and examination will help to recover compensation and achieve restoration work in full.

options for wallpapering in the living room of an apartment

If you find an error, please select a piece of text and press Ctrl+Enter.

8 (Moscow) 8 (St. Petersburg)

Source

The roof is leaking: drawing up a statement based on the sample

When there are leaks in an apartment, when it drips from above, repairs to the roof of an apartment building are necessary, because its damage is the cause of this trouble. In reality, residents' property is subject to damage, and it is also possible to create short circuits in the electrical network, which leads to fires. The question arises, where to turn in such situations, even with minor leaks. After all, when there is excessive moisture in a living space, fungus appears and mold grows. Local measures do not lead to anything; it is necessary to eliminate the main cause, for which you should contact a management company (MC).

How to correctly draw up a Premises Inspection Report after a flood

If you discover that your apartment is flooding, you must immediately take measures to stop the water supply. First of all, you should turn off the supply to your premises, and then contact your neighbors above. And call specialists from the Management Company to eliminate the accident, inspect and record its consequences.

The question of who should compensate for the damage caused may be decided in court. To the statement of claim, the injured party will have to attach an act of damage to property due to flooding, witness statements and evidence (photos or videos). A sample report for the inspection of an apartment after a flood is provided by specialists from the Management Company, who are directly involved in filling it out. It is best to immediately involve a lawyer in the case, but in the absence of one, you can limit yourself to online instructions.

Where to go

When a roof leak occurs, the question becomes who should repair the roof. This should be done by the management company, which is responsible for maintaining the housing of the multi-storey building. Damaged or worn-out roofing leads to the fact that the sealing coating is broken, which is why precipitation penetrates inside the roof pie. Such problematic situations often concern residents of the top floors. If there are wet spots on the ceiling or walls, the cause is a leaking roof.

Complaint

A few words about how to write an application to the HOA or housing department. The application to the Housing Office is written in free form; you only need to indicate the last name, first name, patronymic and place of registration of the applicant. When submitting a letter about a roof leak, you need to make sure that the complaint was accepted by an official representative, who noted the number, his position and signature on the second letter about a roof leak according to the sample.

A complaint about a roof leak must be made in two copies, and the first sample of the application must be kept with you. An employee of the management company is obliged to send a technician as soon as possible, who will assess the damage and draw up a report on the roof leak. But in practice, technical staff members do not show up or their visits do not change anything for the better. The management company is not taking steps to eliminate the problem. In the current situation, when the roof is leaking in an apartment building, you need to write a statement to the housing and communal services about the roof leak, which is addressed to the head of the management company.

An application for roof repair based on the sample should be drawn up as completely and accurately as possible. Before handling it, you should take a photograph of the damage caused and stamp the date on the device. This will be the evidence base for subsequent appeals to the courts, so that the management company finally begins to repair the roof in your apartment building. Photos and videos should record all leaks on ceilings and walls, and damage to property. The claim must be supplemented with receipts for damaged items; this is also included in the claim against the Criminal Code.

If there are roof leaks in several residential premises, complain all separately, writing a statement according to the sample. This will increase the likelihood of a quick analysis and quick adoption of measures to eliminate the problem in the apartment. Also, such requests can speed up major repairs.

When submitting a written application for roof repair using the sample below, the homeowner is required to take with him an identification card and a copy of it, as well as documentation confirming ownership of the apartment at the place of registration.

Who is obliged to draw it up?

Flooding can occur for various reasons. And each of them plays a big role in where to go to draw up an act and who is obliged to issue it. For example, if the water flow is due to a burst pipe in the house, then you should call a specialist to determine the location of the break. The leak can come from the sewer, not just the water supply. Dilapidated roofs can also create problems on rainy days or during snowmelt.

Three options for an emergency situation:

  1. flooding from the roof;
  2. from neighbors;
  3. inside the apartment itself.

In the latter case, the incident occurs due to the plumbing and water pipes becoming unusable. In cases where the leak is localized in an area located outside the apartment, or in the supply paths to the couplings, responsibility falls on the HOA, TSN, or other housing office. If there is a break within the boundaries of the apartment, then the owner himself is responsible for this - there is no need to draw up a report.

Who draws up the act and in what cases:

Classic caseWho is guiltyWho draws up the act
Leaking from the roofZhilkontoraCommission
Burst of water supply or sewerage pipes in the apartment.OwnerNobody.
The homeowner covers all repair costs themselves.
Pipes burst throughout the house, outside the apartment.ZhilkontoraCommission
The neighbors forgot to turn off the water tap (breakage, other).Neighboring residents

The commission includes the following parties:

  • the victim is the owner (or owners) of the flooded apartment;
  • the culprit is determined based on the circumstances of the accident;
  • neutral control – representatives of the housing office.

The latter include officials from TSN, HOA, housing and communal services, and other organizations that manage the housing stock of an apartment building. The commission does not include eyewitnesses or witnesses, but they must be present when the act is signed. This is especially important for cases where the provocateur of the accident refused to admit guilt. The commission draws up and signs the act, but last. First, she identifies the culprit, the damage, describes it, and calculates the damage.

Sample complaint

A little about how to correctly write an application for roof repair. A roof leak claim must be made accordingly. Here is an example of such a complaint:

To the head of the management company, Petrov Petrovich From Ivan Ivanovich Ivanov, living at the address: st. Stroiteley, building 12, apartment 356, phone 89123456789 Application

I, Ivanov Ivan Ivanovich, live on the top floor of building 12 on Stroiteley Street.
Since October 2021, the ceiling and walls in my apartment have been constantly damp due to leaking roofing, because the roof is in disrepair. Flooding situations occur during precipitation events. After roofing leaks, the walls and ceilings in the kitchen and bedrooms are wet, and fungus and mold growth are observed on them. Due to high humidity, the health and well-being of our family is under constant threat. We have contacted the control room several times due to roof leaks. After that, a technician came to us and drew up a report about the roof leak. After this, no action was taken. After treatment, the walls in the apartment and the ceiling leak immediately after precipitation. Videos of the damage to my property and photographs of the damage are attached to this application. When viewing them, you can see that the situation has become worse, the leakage sites have increased many times over. I pay for the maintenance of my living space every month and have no utility debts. The receipts also include payment for major home repairs. In accordance with the current Resolution No. 17 of September 27, 2003 “On approval of rules and regulations for the technical operation of housing stock,”
your management company is responsible for maintaining roofing equipment in proper condition. As a result, I ask you to repair the roof and renovate my apartment. Send a commission that will draw up a roof leak report based on the sample and assess the damage caused. Signature and date

Controlling the management company

After applying for utility work to restore the roof, the management company must dismantle it within fourteen days.

To verify the complaint, a commission will be organized with specialists from the Criminal Code and representatives of the house committee. They constitute an act of roof leakage. You can invite neighbors to observe the inspection and confirm that the roof is leaking.

After this, the management company’s employees write a defective statement, which finances the organization of repairs and compensates for losses incurred when the roof leaks on the top floor. When nothing happened within the time frame required by law to respond to the application, then you need to complain about the actions of the Criminal Code to higher organizations in the region where the victim lives.

When even after this the repairs are not carried out, it is necessary to contact the judicial authorities regarding the inaction of the management company with the collected evidence. Claim forms and forms are available in court and on the Internet.

When a document is invalid

Cases of invalidity of a document on the bay of housing:

  1. In case of unauthorized execution of a document, when the guilty party does not want to admit guilt that caused the damage.
  2. The act is filled out without a date, indicating a specific address of the event, and without signatures.
  3. The act does not reflect the actual state of affairs, it contradicts all damages, general damage, and therefore must be redone.

The 2021 standard sample, the deadlines for its registration and how to draw up a document on flooding of housing with water - all this needs to be known in advance by every home owner because no one can be insured against accidents. As soon as a leak appears, you need to immediately call the emergency service, and then the commission.

Roof restoration

When restoring the roof, management company employees must contact the contractor that carries out such repair work. In this case, it may be necessary to draw up another statement about the leak from the affected resident to the address of the contractor. After this, a representative comes from the contracting company, who inspects the damage and leaks and draws up an estimate for restoring the roofing.

Then the estimate sheet is sent to the management company, which, upon agreement with the proposed price list, draws up an agreement with the contractor to organize roof repairs. All costs of restoring the roof are divided between the owners of the residential building.

Useful tips

Often, utility services delay repair work to restore the roof based on a written complaint. As a result, you need to constantly remind about the presence of a leak by phone or come to the management company yourself. The actions of housing services should be checked at all stages of roof restoration until the leak stops. To do this, we need to organize several neighbors who are concerned about this problem and draw up a collective appeal. This is a great help when delaying repairs. If there is no progress, you should file a lawsuit against the inaction of housing services.

Sources:

https://zhil-komfortu-net.ru/akt-o-protechke-krovli/ https://o-nedvizhke.ru/dokumenty/akty/akt-o-protechke-krovli.html https://mainstro.ru /akt-o-protechke-kryshi-glavnye-momenty/ https://build-experts.ru/akt-o-protechke/ https://zen.yandex.ru/media/id/59dce336a815f198eb6a6e3f/5a7ab12edcaf8ea8d4c91664

Rating
( 2 ratings, average 5 out of 5 )
Did you like the article? Share with friends:
For any suggestions regarding the site: [email protected]
Для любых предложений по сайту: [email protected]