If the ball valve breaks, claim the plant. The first crane from the riser. What the RF Armed Forces decided and what to remember

Help dispel doubts. In the evening, a pipe burst in the riser in the bathroom, not a valve, but itself from the main pipe. Accordingly, the apartment cannot be blocked in any way, only in the basement of the house itself. While they were looking for locksmiths, the head of the house, they flooded the apartment below us from a hot riser. And on the same day they changed the pipe along the hot riser in the basement and the water pressure was very weak. Could this have had an effect? The thread at the pipe is all rotten, the housing office says - this is your fault, deal with your neighbors yourself. And what should we do? Stand up for your rights, what to do? Ruslan Answered by Oleg Alekseevich Gorbunov Lawyer Good afternoon. We have no idea which of the risers could affect what.

Pipe burst due to rotten threads, whose fault is it?

Fast. Government of the Russian Federation of August 13, 2006 N 491): “...2. The common property includes: ... e) mechanical, electrical, SANITARY and other equipment located in apartment building outdoors or indoors and SERVING MORE THAN ONE RESIDENTIAL and (or) non-residential premises(apartments); … 5.
The common property includes in-house engineering systems of cold and hot water supply and gas supply, consisting of risers, branches from risers TO THE FIRST DISCONNECTING DEVICE LOCATED ON THE BRANCHES FROM THE RISTERS, THE SPECIFIED DISCONNECTING DEVICES, collective (common house) metering devices for cold and hot water, THE FIRST SHUT-OFF AND ADJUSTING VALVES ON THE BRANCHES OF THE INDOOR WIRING FROM THE RISTERS, as well as mechanical, electrical, sanitary and other equipment located on these networks.

It flooded us and our neighbors - the valve was torn off, the thread was rotten

If you have suffered property damage due to a malfunction of the water supply system, you need to contact the housing office in writing, draw up an application in which you indicate: - your details, full address and telephone number; - in the main part of the application, you need to describe the problem in detail, indicate the exact location of the leak, when exactly it occurred, the date and time, and also make a verdict on the material damage incurred; - it is worth attaching photo or video materials to the letter, on which the full force of the flow is clearly visible. Make 2 copies of the application. You can submit the application in person or send it by mail, with an inventory and notification.

You should definitely contact the management company that services your home or the Emergency Dispatch Organization in your area. The appeal is made exactly like the application, and you need to keep a copy for yourself.

Break through the hot water riser

Decree of the Government of the Russian Federation of 06.05.2011 No. 354, if during the audit between the consumer (or his representative) and the performer, other interested participants in the audit a dispute arose regarding the fact of a violation of quality public service and (or) the magnitude of the deviation from the quality parameters of the utility service established in Appendix N 1 to these Rules, then the consumer and the contractor, other interested participants in the audit determine, in accordance with this paragraph, the procedure for conducting a further audit of the quality of the utility service. Any interested participant in the audit has the right to initiate the conduct examination of the quality of a communal service. If for the examination of the quality of a communal service it is necessary to take a sample of the corresponding communal resource, then the contractor is obliged to carry out or organize the selection of such a sample.

Attention

On the branch coming from the riser of hungry water, the thread to which the tap is attached, which shuts off the water to my apartment, was torn off. It flooded my apartment and apartments under mine. Neighbors demand compensation from me for the losses incurred.

The housing office tells me that it is not my fault that the thread was torn off, and tells the neighbors that I am to blame. What are my actions in this situation. issue number №3200328 read 254 timesa Urgent legal consultation8 800 505-91-11 free of charge
Neighbors have the right to sue you (compensation for damage), and you involve the Criminal Code - since this impulse is the fault of the Criminal Code (common house engineering networks).

Personal consultation Thank you for your reply!

It's not your fault, it's the Housing Office's fault.

If the carving on the riser was torn off, who is to blame

In this case, the date and time of the re-inspection must be indicated in the inspection report. The re-inspection report is signed in addition to the interested participants in the inspection by a representative of the state housing Russian Federation and a representative of a public association of consumers. The contractor is obliged to transfer to the specified representatives 1 copy of the act of re-inspection.

P.S. In accordance with p.p. 150, 153 of the above Rules, the contractor is exempted from liability for a violation of the quality of the provision of public services, if he proves that such a violation occurred due to force majeure circumstances or through the fault of the consumer; the contractor is released from liability for causing harm if he proves that the harm was caused due to force majeure or violation by the consumer of the established rules for the consumption of utilities.

Info

of the Rules, the common property includes in-house engineering networks of cold and hot water supply and gas supply, consisting of risers, branches from risers to the first disconnecting device located on branches from risers, these disconnecting devices, collective (general house) cold and hot water meters, the first shut-off and control valves on the outlets of the intra-apartment wiring from the risers, as well as mechanical, electrical, sanitary and other equipment located on these networks. According to clauses 2.1,2.2,5.8 of the Decree of the Gosstroy of the Russian Federation dated September 27, 2003 No. 170 “On approval of the Rules and norms for technical operation housing stock", an organization dedicated to maintenance of the housing stock should carry out regular inspections of the cold water supply system, check the serviceability of shut-off valves, and the absence of leaks.

If it is possible to conduct an examination of the quality of the provision of a utility service at the place of its provision, then the consumer and the contractor, other interested participants in the inspection determine the date and time of the repeated inspection of the quality of the utility service with the participation of an invited expert. In this case, the audit report must indicate the date and time of the re-audit, who initiated the examination, which participant in the audit will invite the expert, from which organization the expert should be invited (if this is determined by the interested participants in the audit at the time of drawing up the audit report). Costs for the examination initiated by the consumer, the performer bears.

The costs of conducting an examination initiated by another participant in the audit shall be borne by such a participant. (or) the magnitude of the deviation from the parameters of the quality of the utility service established in Appendix N 1 to these Rules, then the date and time of the re-inspection of the quality of the utility service are determined with the participation of representatives of the State Housing Inspectorate of the Russian Federation invited by the contractor, representatives of the public association of consumers.
Yours faithfully, lawyer Nuriakhmetova Svetlana Maksimovna Elistae/address Do you have an answer to this question? You can leave it by clicking on the Reply button hot water. He refused to repair by my workers and received the amount for repairs from the country. There is no cold water in my apartment.
And this is due to the fact that the owner of the neighboring apartment simply cut off the pipes. In my apartment there are water meters (both hot and cold), but the housing department ascribes general house needs to me every month, referring to some kind of law. In my apartment there are meters for cold and hot water. According to them, I also transfer information for payment. In my apartment, no one is registered and there are no water meters. Suddenly, they brought a payment for water, where it was calculated according to the standard for 4 people.

Housing and communal services / Management companies and HOA

Who is responsible for the condition of the first hot and cold water? Apartment owner or management company (HOA)? One way or another, every apartment owner faced these questions. The tap is leaking, at whose expense is the replacement? The crane was torn off - who will pay for the damage? So, the Supreme Court of the Russian Federation in its decision states: the management company is responsible for the condition of the first from the riser of the crane.

Who is responsible for the first water tap in the apartment from the riser?

Hot and cold water in apartments apartment buildings served on the so-called "risers". From them, through the "outlets", intra-apartment wiring is carried out at the points of consumption (sinks, bathtubs, toilets, etc.)

At the same time, the risers are part of the common house property and the managing organization is responsible for them (HOA, management company, etc.). And the owner of the apartment is responsible for the "bends". The line of responsibility runs along the first crane after the “riser”. But who is responsible for the crane itself?

The current legislation interprets this moment as follows:

In particular, paragraph 5 of the Rules of the Rules for the maintenance of common property in an apartment building says:

... The common property includes in-house engineering systems of cold and hot water supply, consisting of risers, branches from risers to the first disconnecting device located on branches from risers, these disconnecting devices, collective (general house) cold and hot water metering devices, the first shut-off and control valves on the outlets of the intra-apartment wiring from the risers, as well as mechanical, electrical, sanitary and other equipment located on these networks ...

(Rules for the maintenance of common property in an apartment building, Clause 5)

It seems that everything is clear - the first cranes from the riser are part of the common house property. However, in real life utilities operate according to their own logic. Here is one of the stories.

An accident occurred in the apartment of a resident of Magadan - the tap on the "comb" of cold water, located at the outlet from the riser, was torn off. Water flooded the apartment and spilled into the apartment on the floor below. The total amount of damage was more than 10,000 rubles.

The management company voluntarily refused to compensate for the damage. The landlord had to sue. The City Court of Magadan satisfied the plaintiff's claims. However, the utilities challenged the decision in the regional court. They motivated their position by the fact that the owners of the apartment put the ill-fated "comb" on their own, not observing technical requirements to these types of work. Accordingly, they are not responsible for the condition of the self-installed crane, and they are not required to compensate for the damage.

The Supreme Court of the Russian Federation, where the owner of the apartment applied, put an end to the proceedings. The judgment of the Court states:

... The first shut-off devices and shut-off and control valves on the outlets of the intra-apartment wiring are elements of in-house engineering systems designed to perform the functions of hot and cold water supply, gas supply, as well as room security apartment building.

Providing the supply of utility resources from utility networks to in-house equipment, these elements change the parameters and characteristics of in-house engineering systems, thereby influencing the maintenance of other premises of an apartment building.

Based on data technical features the first shut-off devices and shut-off and control valves correspond to the main feature of common property as intended to serve several or all rooms in the house. The fact that the specified equipment is located in the apartment does not mean that it is used exclusively for servicing this room and cannot be classified as common.

The circumstances indicating that the emergency plumbing equipment belonged to the property of Bilenko S. Yu., or to the common property of the residents of the apartment building, were legally significant and subject to proof.

When considering the case, the court court of appeal referred to the fact that Bilenko SV. along with the replacement and re-equipment of the internal engineering networks, which are its property, the shut-off valve (shut-off and control valves) was replaced at the junction with the outlet from the common cold water supply riser, which caused the leak, and which is the common property of the owners of the apartment building.

The plaintiff disputed these circumstances, but the court of appeal did not check them and did not establish them for certain.

Simultaneously replacing the shut-off valve does not release the managing organization - Zhilservis LLC from the implementation of its obligations for the maintenance of the common property of an apartment building, assigned to the company by a concluded agreement ...

Full text of the board's ruling Supreme Court RF in this case.

The desire to save money, alas, cannot be strangled or killed. And even the fact that the miser pays twice does not sober consumers. Although, what can we hide, even an expensive product may turn out to be of poor quality - or the result of careless production.

When changing plumbing in an apartment, there is a great temptation to buy such a “trifle” as cheaper. At the time of purchase, hardly anyone thinks that this saving will cause a flood, big expenses and headaches.

Why is the mixer leaking?

If we talk about old plumbing, then there are several reasons:

Wear of rubber and O-ring
Bad - as an option, a swollen linen strand
Wear of the stuffing box
Breakage of the conical box
Wrong installation

Because according to the law, the mixer belongs to the intra-apartment property, then the owner of the home is responsible for its technical condition and breakdown. As for incorrect installation, it is possible, but difficult, to prove it. Therefore, when replacing a mixer (and any other equipment), contact the specialists of your management company or a third-party organization, but with the obligatory conclusion of a work contract.

If a new mixer drips or is torn off, then with a probability of 99% this is a factory defect. The remaining one percent can be given to the strongest hydraulic shock. In this case, the a / heating system as a whole will suffer. And not only in one apartment, but throughout the house.

What to do?

If you find a leak from below, do not panic. Fix the place of the leak, and then go down to the neighbors - take a photo, shoot a video from the "accident scene".

Neighbors should contact the management company, call specialists to inspect the premises, draw up an act and assess the damage. Your presence is required. You participate in the procedure, and then, in agreement with the actions and conclusions of the commission, sign the inspection report. It will indicate the date of flooding, the area of the affected property, a list of things that were damaged. This document will become the basis for calculating damages and compensation in the framework of a settlement agreement or litigation.

If you were not invited to the procedure for inspecting the premises, this is the basis for refusing to compensate for damage to neighbors. You have the right to disagree with the act of inspection and the amount. In this case, the decision of the commission will have to be challenged in court.

After assessing the damage, it is possible and even necessary to negotiate amicably with the neighbors. Provided that the amount of compensation suits you, it is not too high and corresponds to the condition of the premises at the time. If the issue is not resolved peacefully, then it will have to be dealt with in court. During the trial, a forensic examination will be appointed, and another independent assessment will be carried out. All these legal costs will be compensated by the perpetrator. Plus moral damage. Yes, it is possible that the court will knock off the initial amount of damage, but a new one will come running.

Initially, the owner will have to compensate for damage to property - due to a leaking or torn mixer - one way or another. And then the moment will come when the owner can demand compensation for his damage from the seller or manufacturer of low-quality equipment.

To do this, you must file a claim with the seller/manufacturer of the mixer and give the equipment for examination to a certified center. According to the Consumer Rights Protection Law, Art. 22, the examination is carried out within 10 days. This period is relevant if you require a refund of the amount paid for the goods and damage from its operation.

When the examination establishes and confirms the presence of a manufacturing defect, excluding incorrect operation of the equipment or transportation, you apply for full compensation for damage to the mixer manufacturer/manufacturer. The legitimacy of actions is confirmed by the Law "On Protection of Consumer Rights", Art. 14, and Art. 1095 of the Civil Code of the Russian Federation.

The seller/manufacturer is obliged to reimburse:

Cost of goods
The amount of damage that you compensated neighbors
Legal costs, if any
Examination costs
Moral damage

Those. reimburse all losses incurred by the consumer as a result of the sale of goods of inadequate quality to him.

How to avoid such situations?

We live in a time when it is better to record and document our every step. Therefore, when buying / installing plumbing and other equipment, keep all receipts, warranties, acts of work performed. Purchase plumbing, tools and materials at retail outlets where you will be given a guarantee and a cash receipt. Invite for the installation of faucets, toilets, bathtubs specialists of the Criminal Code or locksmiths from specialized organizations. Not forgetting, again, to conclude an agreement with everyone.

How to identify a low-quality mixer?

According to the manufacturer's catalog. If the purchased model is not in the official catalog, it is definitely a fake.

By weight. Solid metal mixer - heavy. Chinese consumer goods are very light, even a child will hold them.

By appearance. The chrome coating of the mixer is even, smooth, uniform. Scratches, cracks, chips are unacceptable.

By packaging. Quality starts with wrapping paper, boxes, inserts.

Under warranty. The service life of a good mixer is from 2-5 years.

By price. The more expensive the plumbing, the longer it will last. The quality of this product directly depends on the cost. Cheap faucets, faucets, watering cans often break down and bring a lot of problems to their owners.

One of the reasons for the leakage of the mixer may be poor-quality sealant. To avoid unpleasant consequences, use only high-quality sealing compounds that you can now directly from the manufacturer.

It is impossible to live in isolation in an apartment building. If something happens to the neighbors, then the rest of the tenants may be unwittingly involved in this. A similar situation happens with a breakthrough of heating pipes in an apartment. This article will tell who is to blame and who will receive compensation for damages.

Battery burst, neighbors flooded - who is to blame

What to do when the heating has become unusable and the neighbors have suffered? Where to look for the guilty?

First you need to find out whose fault the accident occurred. Who is to blame: the owner of the apartment or the management company that monitors the condition of the heating pipes of the entire house. If the breakthrough of heating occurred through the fault of the owner, then he will compensate for the damage to the neighbors flooded from below. If it is the fault of the management company, then all the costs of repairing the premises will be borne by it.

The Housing Code imposes on the owner of the apartment the obligation to keep the property in proper condition and to monitor the pipes. If necessary, he must make repairs.

If the pipes are in poor condition, you need to contact the housing office and call the master. The invitation of a specialist must be formally issued. It is necessary to make an application, which will be registered and the repair time will be set. After the work is completed, an acceptance certificate is issued, which is signed by the owner of the apartment and the specialist.

If all the steps are followed, the management company will be fully responsible for the improper installation of heating pipes.

At his own expense, the owner of the apartment must repair those devices that have stopped working due to his fault. For example, faulty plumbing. At the same time, the repair of these devices can only be carried out by a company specialist with the consent of the housing office. If the owner changes the plumbing on his own, then when the neighbors are flooded from below, all responsibility will most likely fall only on him.

The management company must repair and conduct a scheduled inspection of the heating system in apartments at least 2 times a year. After verification, an act with the results is issued. If the owners do not let a specialist into the premises, then this is equated to improper use of communications. And the fault in the event of an accident may be recognized by the owner of the premises.

Heating season or not, subtleties of the issue

Since in winter the water flows through the pipes very hot - over 55 degrees Celsius, there is a high risk of getting burned if the heating breaks. If the pipes have leaked, then it is not advisable to do anything on your own. Before the arrival of specialists, it is necessary to rescue flooded property, documents, valuables.

In the summer, the management company conducts a scheduled inspection of the pipes of high-rise buildings. The house, whose tenants are given three days' notice, is tested by running pressurized cold water through pipes. If in any apartment the batteries are worn out or leaky, they will leak. Therefore, the management company asks that all apartment owners be at home during the check at a certain point in time.

If the owner notices that water has flowed in his or a neighbor's apartment during the check , then he needs to contact the repairmen. They will change the batteries at the expense of the Criminal Code.

Broken riser in the apartment - who is to blame, what to do

Decree of the Government of the Russian Federation No. 491 of August 13, 2006 approved the "Rules for the maintenance of common property in an apartment building", which contain clauses that water supply and sanitation networks are part of the common property.

Apartment owners pay monthly HOA for the maintenance of this property. This means that the management company must monitor the condition of the heating system, including the riser.

If she did not keep track and did not repair the riser on time, she would pay for the damage to the residents of the house unilaterally.

What should be done if the riser in the apartment broke through?

It is necessary to fix the breakthrough of the riser. The best solution there will be a drawing up of an act in the presence of a representative of the management company.
The next step will be to assess the damage to all residents. It must be compiled with the help of an independent expert.
Prepare a claim letter and send it to the management company.
If, after receiving the letter, the management company does not voluntarily take measures to pay damages to residents, then you need to seek help from a lawyer and go to court. It is also possible to reimburse the costs of a lawyer with the Criminal Code.

We find out the causes of the accident

The heating system of the apartment consists of:

a riser that goes through the toilet;
supply pipes (return);
connections between pipes;
batteries.

No one is immune from the breakthrough of these pipes. This happens often and there can be several reasons for accidents:

old equipment that has become unusable due to a long service life;
careless use of batteries;
wrong installed pipes heating;
it is possible to break pipes during a routine inspection by the services of the management company, as described above.

How to behave, where to go

If the accident did occur, then immediately you need to call the housing office and report a breakthrough. If the accident occurred at night, then you need to inform the emergency service. The phone numbers of these organizations should always be at hand.

It is advisable to photograph or film the fact of flooding, as well as the condition of the apartment. Because in fact, the housing office does not really like to pay the cost of repairs. In addition, he is trying to prove that the fault of the residents is in everything, since they did not notice in time the malfunction of the equipment, which needed repair.

After eliminating the accident, it is necessary to immediately record the damage caused. After inspection by the commission of the premises, the owner is issued an act. But it is better to make an independent assessment of the damage by inviting a specialist from outside for a fee.

Who pays for the damage

In the event of a pipe break in an apartment due to the fault of the management company, it compensates the damage to the residents. If she refuses to pay or repair in the presence of all confirming factors, then such a non-standard case can be considered in court.

You can bring residents to responsibility and compensation for damages for flooding neighbors:

if there are facts documented about the negligence of the owner of the apartment, due to which the batteries became unusable;
having a professionally compiled assessment of the damage incurred.

If the apartment is municipal

Who pays for the damage if the property is rented out?

The user to whom the apartment is rented is also responsible for the current repair of pipes. Pipe replacement is not included in this repair. It refers to overhaul carried out by the owner of the apartment.

Homeowners can be individuals, organizations or public entities that provide an apartment for rent.

Such a public entity may be a municipality. He carries out repairs of the apartment, as he is the full owner. He contacts the management company of the house and instructs her to repair it with subsequent financing.

In what cases does the responsibility of the owner arise in a privatized apartment

The owner is fully responsible in the privatized apartment for careless handling of the heating system, for the untimely call of the master, for the independent repair of pipes and their replacement without a representative of the management company.

The exception is tenants who received an apartment from the cooperative and it is in the process of privatization. In this case, until the last payment is made, the premises belong to the property of the cooperative.

What are tenants liable for?

Tenants are also required to keep the heating in proper order. If it is proved that the tenant deliberately damaged the property, only then will he be held liable. And it will also be obliged to compensate for the damage caused not only to neighbors, but also to the owner.

So do not immediately panic when a battery bursts in your apartment. They flooded their neighbors, caused damage to their apartment - immediately fix everything and start to find out, together with the employees of the management company, what is the cause of the accident. If they blame you for everything and force you to bear the costs of the damage caused, and you do not agree with this, then you need to go to court.