Independent assessment after filling the apartment
An independent assessment after flooding an apartment is an official document confirming the amount of damage caused to you, and also protects your rights in court and is a powerful argument in a dispute with the culprit of the flood.
It is possible to receive compensation from the culprit of the spill only on the basis of an independent assessment of the damage. As a rule, the culprit tries to underestimate the amount of damage, and the injured party receives maximum compensation; an independent appraisal examination establishes the real value of the damaged property.
How to make repairs and get maximum compensation?
Let's look at the main factors influencing the cost of damage and errors that can be made when drawing up an independent assessment:
1. Calculation method. It is important that the independent assessment report after the filling includes a local estimate prepared using a licensed estimate program with fresh and approved prices TSN, TER, FER, etc. Local estimates must be calculated by a specialist with a higher education in Industrial and Civil Construction. At the same time, in the independent assessment report, in addition to the documents of the independent appraiser, there must be a diploma of a construction expert and his signature.
Why is this so important? The prices approved by the Ministry of Construction, the Ministry of Justice, the Government of the Russian Federation and calculated by more than one institute allow you to get a reasonable calculation, where all prices can always be found in reference books and double-checked.
In this calculation method, the cost of restoration repairs is an order of magnitude higher than in the method of selecting analogues on the Internet because The following are used in the calculation: retail prices of the desired region; increasing coefficients; taxes and fees; in accordance with GOST and repair technology, a full range of all necessary work. This technique allows you to reasonably include: unique types of work and materials; complex architectural solutions. By carrying out calculations in the program, double or triple accounting of work and materials and other errors associated with the human factor are eliminated.
Reports compiled not according to approved prices, for example, using the selection of analogues on the Internet, can be easily challenged in court and rejected because the culprit can always find “even cheaper” analogues on the Internet.
Why don’t all appraisal organizations use approved prices when preparing an independent appraisal report after the flood? It's a matter of cost and time. Not all appraisal companies have an expensive estimate program and competent construction experts who can make the correct calculation. But the method of preparing an assessment report using a licensed estimate program is more correct and professional, allowing you to take into account all the materials and work included in the market value of the damaged property, which makes it possible to calculate the maximum amount of damage reasonably and legally.
2. Area of damage. In accordance with Article 15 of the Civil Code of the Russian Federation “Compensation for losses”, when drawing up an estimate, our specialists determine repair and restoration work over the entire surface area, even if you have a small stain. For example, if one wall is partially filled, then restoration repairs are performed on all four walls. The premises must be in the same condition as it was before the damage occurred. This leads to the fact that sometimes even the most insignificant damage in practice amounts to a large amount.
Our company takes full responsibility and guarantees a positive court decision. We are so confident in a positive decision that in the event of a negative decision in court, we undertake to return 100% of the paid fee to you, according to the terms of the agreement concluded with us.
Independent assessment report after the filling, our company undergoes double quality control. Before the report is finalized, specialists must agree on the results with you by sending an electronic version to you by email. Our reports, completed in accordance with the law of the Russian Federation and the standards of valuation activities, have legal force and are accepted by the courts as evidence determining the amount of damage.
How to determine the fair value of damages?
Have you had a fire, flooded your neighbors, burst a pipe and caused significant damage to your property?
What to do in this case if the neighbors are to blame and do not want to pay, or offer compensation that is several times less than the amount spent on repairs and furnishings?
Or there may be another situation: you are the culprit of the flood, your neighbors have filed a claim for a very large amount, how can you determine the real damage and compensate it based on the market value of the loss, and not on the subjective assessment of the victims?
There is a proven and legal way for you to find out how much restoration repairs cost and determine the amount of payment to the injured party - an independent assessment of the property after a flood and fire will solve the problems of both parties. In order to calculate the amount of compensation for damage caused to the decoration of the apartment as a result of a flood or fire, it is necessary to determine the cost of restoration repairs.
The estimated value obtained as a result of an independent assessment includes the cost of construction materials that will be needed during restoration work, as well as the cost of their implementation by a team of craftsmen.
Specialists assessing damage after a flood record the main damage, take indicative photographs and check the estimate for repair and construction work in order to adequately estimate the cost of the upcoming repair.
Evaluation of repair and finishing work is most often carried out using a costly method. Our specialist will study the building materials market to obtain accurate data on the necessary goods to determine the second part of compensation for furnishings and interior items.
After completing all the steps, you will receive an expert report, which will contain brief conclusions about the amount of compensation, an inspection report and a more detailed description of future costs.
What questions will the specialist ask you before he can clarify the cost of the work?
- Where is the apartment located?
- How many rooms in the apartment are damaged? What are the damages?
- Is there any damaged movable property (furniture, electronics, shoes, textiles, etc.)?
- What level of finishing of the premises (regular, “euro”, exclusive)?
- Are there receipts or other documents containing price and identifying information regarding furniture, electronics, finishing materials (wallpaper, tiles, parquet boards, doors, etc.)?
- Are there commission acts, materials from previously conducted studies and examinations?
- Is there a strictly defined deadline for the conclusion to be ready (for example, before a court hearing)?
Package of documents for assessment
Even though this is a formality, the owner will need to provide the appraiser with a package of documents on which the report will also be based. These usually include:
- certificate of ownership/extract from the Unified State Register of Real Estate;
- identification;
- registration certificate for the apartment;
- a flood report signed by a commission from the housing office;
- checks, receipts, invoices, contracts and other documents that will confirm the original cost of the lost property;
- photographic and video evidence taken by the owner immediately after the flood was discovered.
Read more about the package of documents for different types of assessment in the material “What is needed when appraising an apartment.”
Features of the examination in 2020
The assessor of damage during an apartment flood is still guided by the norms of Federal Law No. 135-FZ dated July 29, 1998 (as amended on July 21, 2014) “On valuation activities in the Russian Federation”, approved by federal valuation standards (for example, FSO No. 1 “General concepts of valuation, approaches to assessment and requirements for conducting assessment”, FSO No. 3 “Requirements for an assessment report”).
Drawing up an act
The arguments presented in the final conclusion will play a major role in determining the amount of the amount to pay off the damage caused. This means the following:
- description of permits for the expert’s activities (copies attached);
- confirmation of the fact of flooding;
- a list of items with their price and detailed description of damage;
- photos;
- assessment of the market value of items that have fallen into disrepair;
- listing the materials required for repairs, or the cost of purchasing new items that cannot be repaired.
Assessing the damage to an apartment after a flood sometimes necessitates a technological study of the structural elements that led to the accident. To carry out such actions, narrow specialists are involved.
Damage assessment rules
The assessment of damage from the flooding of the apartment for the court is carried out by an independent expert appraiser. As Art. 4, only he, subject to the availability of a qualification certificate and compulsory insurance, has the right to give such conclusions.
As a rule, the services of an independent appraiser are resorted to in the event of neighbors’ refusal to voluntarily compensate for damage. But nothing prevents you from ordering an assessment, because even if the issue is resolved amicably, this will allow you to objectively determine the amount of damage.
The basis for assessing the scale of damage when an apartment is flooded, according to Art. 9 Federal Law No. 135, is a signed agreement between the customer and the contractor.
Please note that the amount of the specialist’s remuneration is specified in the contract. This amount must not be tied to the results of the assessment, otherwise the report will not be accepted as evidence.
The law allows experts to conduct assessments only in the areas specified in the qualification certificate.
When conducting assessment activities, the expert is obliged to act impartially and independently. The results obtained by him must be justified, and the sequence of determining the amount of damage must be described in detail.
If there are inaccuracies or controversial issues, the other party or even the judge may call the results of the report into question. And if at the time of the trial it is not possible to establish the damage in any other way, the court will refuse to satisfy the claims. Therefore, it is important to approach the choice of an appraiser with the utmost care.
What determines the amount of damage when assessing
When conducting an assessment, the expert is obliged to take into account all factors that in one way or another affect the amount of damage caused. The assessment of apartment repairs after the flood determines the amount of damage caused, taking into account:
- areas affected by flooding;
- the degree of flooding and the number of things that are subject to full or partial restoration;
- the cost of damaged property;
- the period that has passed since the last repair;
- the cost of previously performed repairs;
- the current cost of building materials and restoration work, and so on.
The cost of assessing damage from flooding of the apartment must also be paid by the guilty party.
If the apartment was used for commercial purposes, for example, rented out, the culprit is also obliged to pay the amount of lost profits - funds that the owner will not receive due to the impossibility of renting out the housing. Lost profits will occur until the housing is restored.
The role of the expert’s report in determining the amount of compensation
A damage assessment report after a flood or fire is primarily necessary in order to receive monetary compensation for repair and restoration work. Without an examination, the victim will not be able to substantiate anyone’s guilt.
An expert’s opinion is important evidence in court, because often attempts to compensate for damage lead to this. Initially, you can try to negotiate with the perpetrators peacefully by presenting them with a damage assessment report, but if an answer is not received, you need to file a claim in court to receive compensation.
What should you do in case of a flood or fire?
- Call the management company. This must be done first and foremost. Employees of the management company will draw up an inspection report upon the fact of the flood/fire and record the damage.
- Call the appraisal company and schedule a day and time for an appraiser to inspect your apartment. On a note! Do not make any repairs before an appraiser's inspection.
- Send a telegram notification to the person responsible for the flood/fire with a request to appear on the appointed date. In order to be present during the inspection by a specialist appraiser.
- After receiving the assessment report, try to negotiate peacefully with the culprit of the flood/fire.
- If negotiations are unsuccessful, be sure to file a lawsuit. Promises to pay can continue indefinitely.
- Don't be afraid to go to court. In this case, the law is completely on your side! A dishonest neighbor may never keep his promises. And through the court you will achieve full compensation for damage. On a note! Remember: expenses incurred for telegram, independent assessment, statement of claim, fee, etc. also compensated by the defendant.
