If a riser, battery or pipe burst, the neighbors were flooded: who is to blame, what to do. The first tap from the riser Flooded us and the neighbors - the valve was torn off, the thread was rotten

There was a utility accident in one apartment building. Due to a broken tap on the cold water riser in one of the apartments, a pipe burst and a flood occurred. The owner of the apartment demanded that the management company compensate for the damage. To the costs of eliminating the consequences of the flood, she added non-pecuniary damage and the cost of expertise. In the lawsuit, the woman pointed out that the management company "improperly performed the duties of maintaining the common property of the apartment building."

What did the courts decide?

The city court, where the plaintiff filed a claim, satisfied the claim. But the Judicial Collegium for Civil Cases of the regional court overturned the decision of the lower instance.

Then the woman appealed to the Supreme Court.

What did the Supreme Court decide?

The Supreme Court of the Russian Federation pointed out the following facts:

1. Judges of the appellate instance should have established "the presence of fault of the parties in the accident".

2. Appeal did not take into account the effective court decision on another claim the affected resident of the same house, in the same flood. Meanwhile, according to Art. 61 of the Code of Civil Procedure, the circumstances established by the court decision that has entered into force are mandatory, they are not proven again and are not disputed.

What was the decision about? A neighbor who suffered from a flood sued the management company and a neighbor who had this faucet on a cold water riser. The court decided the dispute in favor of the plaintiff, however, the money was awarded to pay only to the management company, from the neighbor - he did not take anything.

3. The appeal had to consider what equipment the stopcock that caused the flood belongs to and who is responsible for its proper operation. To do this, the judges had to refer to the following documents:

Housing Code, which lists the equipment for which the management company is responsible.
Rules for the maintenance of common property in an apartment building(approved by government decree No. 491 of August 13, 2006). The document discloses what is included in the common property. So, it also includes "general house engineering systems of hot and cold water supply, consisting of risers, branches from risers to the first disconnecting device." MKD management companies are responsible for the proper maintenance of common property and are liable to the owners for violation of obligations.
"Technical regulations on the safety of buildings and structures" No. 384 dated December 30, 2009. According to the regulation, first disconnect devices and shut-off and control valves on the taps of intra-apartment wiring are elements of intra-house engineering networks. This equipment cannot be classified as common property in an apartment building, since the Housing Code provides for its location both inside and outside the premises.

If the equipment is located in an apartment, this does not mean that it is used only to service this apartment.

What did the Armed Forces of the Russian Federation decide and what should be remembered?

The Supreme Court of the Russian Federation found the management company guilty. The owner of the apartment was compensated for the damage.

The first disconnecting devices and shut-off and control valves on the outlets of the intra-apartment wiring are elements of intra-house engineering networks.

Shutoff and control valves located on pipes and passing through private apartments are designed to serve several residential premises at once. Thus, they belong to common house property and management companies are responsible for them.

If an accident occurred, the taps were torn off and the neighbors flooded, the management company, and not the owner of the apartment, should reimburse the material costs.

The replacement of a shut-off valve by the owner of the apartment does not relieve the management company of its obligations to maintain the common property of an apartment building.

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.

The new owner of the apartment does not always think about what problems he may face. One of them is risers and their replacement.

The property, along with the living area, now includes communications, including common house ones. So who is responsible for the risers in an apartment building, and for whose funds the replacement should be made, we learn from the article.

Replacement

Communications located inside the apartment and which can only be used by the owner and residents are private property. Actions in relation to them may be different. Of course, if it does not harm the property of neighbors and does not violate their rights and interests. The owner has the right:

replace old pipes with more modern ones;
change mixers and counters;
increase or decrease the number of plumbing;
change batteries, etc.

This is done voluntarily and at your own expense. With the right of ownership, you can make such changes.

In addition to the right, the owner of the housing also bears the burden that obliges him to keep the property in good condition and pay for:

water;
sewerage, etc.

Here the question arises of who owns the pipes connecting each apartment with utilities. It turns out that this is the common property of all owners. Consequently, the pipes located inside the apartment are private property, and the risers are common.

Repair and replacement of water pipes, sewer pipes and heating pipes are regulated by:

rules and regulations for the technical use of housing stock;
rules for the maintenance of common property in an apartment building;
manual for the repair and maintenance of MDK 2-04.2004.

Owner Responsibilities

According to the regulatory documentation, the decision on the need to carry out current repairs or major repairs is made by the apartment owners. The responsibilities of owners of housing and common property include:

maintain the technical condition of common house communications;
if necessary, decide on repairs.

The owners themselves are allowed to make repairs regarding equipment that serves only their apartment. Management companies are engaged in the repair of common property. This is a non-refundable contract that provides for monthly payments that tenants are required to pay. In return, general maintenance services are provided.

ZhEK

Carry out the repair work necessary to ensure that the risers of heating, water supply, sewerage are in good condition, the housing office or other companies with which the corresponding agreement has been signed are obliged. To start work you will need:

plan for their implementation;
an act stating the need for repair of a
or parts of the riser;
leaks and other problems.

You can also contact the Housing Office with a statement, after consideration of which an answer should be given.

First tap

Who is responsible for the condition of the first from the riser of the crane, the owners of the living space or the management company?

Over time, almost every owner is faced with this issue. If the faucet leaks, who should pay for the damage?

The supply of hot water and cold occurs through the so-called "risers". From them, thanks to the "bends", there is an intra-apartment wiring at the points of use (bath, sink, toilet, etc.).

As it turned out, the risers are common house property, for which the managing organization is responsible. The landlords are responsible for the withdrawals. The first crane from the riser is the boundary of responsibility. But who is responsible for it?

ATTENTION! According to the legislation, namely clause 5 of the Rules for the maintenance of common property, the first taps from the riser are not private property, but are included in the common property.

Payment

Actions aimed at collecting additional funds from residents for the repair of risers are considered illegal. After all, repair work is already carried out at the expense of apartment owners.

ATTENTION! The payment of utility bills includes the column "maintenance and repair of housing." The size of the amount is affected by the footage of the room and the number of residents.

According to the norms of MDK 2-04.2004, the list of services included in the rent includes:

emergency work;
maintenance of common property;
Maintenance;
communications service.

Therefore, the replacement of the riser in the apartment is free of charge, since payment has already been made. In the case when a major replacement of risers on each floor is required, funds are taken from payments for major repairs.

However, there are exceptions when the owner of the apartment, at his own request, made structural changes, as a result of which repairs are required. In this case, all costs for replacing the riser are borne by the owner, the work is carried out by him independently. If neighbors also suffered damage, they also need to compensate for the damage.

Procedure

In case of sudden malfunctions, you should immediately contact the Housing Office or the management company. To do this, a corresponding application is drawn up in free form addressed to the head, at least 2 photographs of communications must be attached. Signed and dated.

There should be two copies of the document, one remains in the housing office, the second should be taken with you, a mark of acceptance is put on the application. In order for the application to be accepted without problems and questions, it is important that the owner of the apartment does not have any debts for utilities.

Before writing an application to the Criminal Code, you can call a plumber at home, who, after inspecting the sewer riser, draws up an act, also fixes the existing damage and the need to replace the riser. The event can develop as follows:

The repair team responds in a short time and replaces the emergency riser. The owner must provide access to the bathroom for repair work.
The managing organization does not agree to replace the vertical line, referring to the fact that the pipeline is located in the owner's apartment and it is the owner who is responsible for it. In this case, a written refusal is issued. This document is the basis for going to court, although the process itself can take several months.

Carrying out the procedure

Before starting work, you should discuss the current situation with your neighbors, otherwise the cutting will be carried out from ceiling to floor. Sections of the damaged riser will remain in the ceiling, which can cause leakage.

The presence of representatives of the management company is mandatory, it is they who block the riser and drain the water. Next, the pipeline is replaced in the following sequence:

using a grinder, damaged pipes are removed from the floor slabs;
make markings for tapping branches;
install new pipes and wiring;
connect water, while checking all connections.

The selection of pipes for hot water and heating systems is carried out taking into account the fact that they are not subject to deformation under the influence of heat. Preference is given to polypropylene pipes, which have certain advantages:

do not deteriorate under the influence of corrosion;
easy to install;
economical;
environmentally friendly;
do not have internal limestone deposits.

Installation of the central highway according to the legislation should be carried out every 25-30 years. This applies to house networks, heating pipes inside apartments, water supply in non-privatized apartments.

IMPORTANT! Over time, any pipes can fail, this often leads to pipe splitting, leakage and, as a result, damage to property.

Since not everyone has information that the replacement of the riser should be carried out at the expense of the management company, owners sometimes change the riser in their apartment on their own. Knowing the responsibilities of the managing organization, you can avoid unnecessary costs.

Useful in all respects, an explanation for residents of multi-storey buildings was made by the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation. The high court spoke about which pipes in the house the management company is responsible for.

And the reason for such interpretations was a utility accident in one of the apartments. The injured owner, who had a flood due to a broken tap on the cold water riser, demanded compensation from the management company for its own costs to eliminate the consequences of the leak. The amount came out rather big, as the citizen added moral damage to the repair costs, a fine for the fact that public utilities voluntarily did not reimburse the amount, as well as the costs of the examination.

Already in court, the plaintiff said that she was the owner of the apartment. And as a result of an accident at the first shut-off and control valve of the cold water riser, her apartment was flooded. According to the victim, the management company is to blame for the accident, which "improperly performed the duties of maintaining the common property of an apartment building." Voluntarily communal workers did not admit guilt. I had to go to court.

The city court agreed with the plaintiff's demand and satisfied her claim. But the next instance - the judicial board for civil cases of the regional court - did not agree with their colleagues. She canceled the decision and adopted a new one - to refuse the citizen's claim. The plaintiff had to go to the Supreme Court, where the decision of the regional court was canceled.

Here are the arguments of the Supreme Court of the Russian Federation. The court stated that in order to correctly resolve this dispute, it is necessary to establish "the presence of guilt of the parties in the accident." And in the materials of the court of appeal there were copies of the decision of another court that entered into force on the claim of another victim in this flood. A certain man presented financial claims to a neighbor who had this tap on a cold water riser, as well as to the management company. The court decided the dispute in favor of the injured neighbor, but awarded the money only to the management company to pay him, and did not take anything from the neighbor whose tap broke. In this decision it is said that communal services are guilty of the accident that happened in the apartment of a neighbor. These conclusions of the court, which no one disputed, the appeal did not take into account. The law (CPC, Article 61) states that the circumstances established by a court decision that has entered into force are mandatory. And they are not proven again and are not disputed.

The Housing Code lists which equipment the management company is responsible for. And then there are the Rules for the maintenance of common property in an apartment building. They were approved by the government (Decree No. 491 of August 13, 2006). The rules state that the common property, among other things, includes "common house engineering systems for hot and cold water supply, consisting of risers, branches from risers to the first disconnecting device." And managing apartment buildings companies are responsible to the owners for violation of obligations and are responsible for the proper maintenance of common property.

There is another law that is useful for citizens who find themselves in a similar situation - "Technical Regulations on the Safety of Buildings and Structures" (No. 384 of December 30, 2009). The Supreme Court said that from this law, as well as existing standards and codes of practice, it follows that the first disconnecting devices and shut-off and control valves on the outlets of the intra-apartment wiring are elements of intra-house engineering networks. These first shut-off devices and stopcocks meet the basic hallmark of a common property as being designed to service some or all of the rooms in a house.

If the equipment is located in an apartment, this does not mean that it is used only to service this apartment.

And the fact that this equipment is located in an apartment does not mean that it is used exclusively for servicing this apartment, and cannot be attributed to common property in an apartment building, since the Housing Code provides for its location both inside and outside the premises.

The Judicial Collegium for Civil Cases of the Armed Forces emphasized: the circumstances indicating that the emergency plumbing equipment belongs to the property of the plaintiff or to the common property of the residents of the house are significant for resolving the dispute and must be proven. When the appeal reviewed the decision on this dispute, she stated that the plaintiff, along with the replacement of the internal engineering networks in the apartment, which are her property, also replaced the shut-off valve, due to which there was an accident. But the lady categorically disagreed with this statement, and the court of second instance did not check this and "did not reliably establish it."

Legal advice:

1. Should the first faucet from the riser, inside the apartment, be replaced free of charge?

1.1. In accordance with the Rules for the maintenance of common property in an apartment building, approved by Decree of the Government of the Russian Federation of August 13, 2006 No. 491 risers, specified disconnecting devices[/quote]. The current repair of the specified device is part of the maintenance of the common property and is carried out depending on the method of managing the apartment building.