A riser burst in an apartment: who is to blame, the algorithm of actions

Who is responsible for pipes, risers, sewerage in an apartment building?

Based on paragraph 5 of the Decree of the Government of the Russian Federation dated August 13, 2006 N 491, the common property in an apartment building (hereinafter referred to as MKD) includes engineering systems for hot and cold water supply, which consist of drains and branches from the risers to the first disconnecting device located on the branches from risers, to the first shut-off and control valves on the branches of the intra-apartment wiring from the risers.
That is, the riser is common property, the outlet from the riser is also common property and is considered common until the first shut-off element, that is, for example, if you have a tap in front of the battery, then after this tap the property belongs to you, and before it, the pipe is considered common property of the apartment building.

Based on paragraph 1 of Article 39 of the Housing Code of the Russian Federation, the owners of premises in an apartment building bear the burden of expenses for the maintenance of common property, that is, you, as the owner of a residential premises, bear the costs of maintaining the common property in an apartment building, but are not responsible for it.

In the Decree of the Government of the Russian Federation of August 13, 2006 N 491, there is paragraph 42, on the basis of this paragraph, management organizations, or other persons providing services and performing work in the direct management of an apartment building (MKD), are responsible to the owners of the premises for violation of their obligations, as well as are also responsible for the proper maintenance of common property.

In Part 2 of the Decree of the Government of the Russian Federation of August 13, 2006 N 491, there is paragraph 10 which states that common property must be maintained in accordance with legal requirements and in a condition that ensures compliance with the reliability and safety characteristics of apartment buildings, common property must be safe for life and health of citizens, do not pose a threat to the property of individuals and legal entities, and engineering communications must be in constant readiness to provide public services to citizens living in the apartment building.

Based on paragraph 13 of the Decree of the Government of the Russian Federation of August 13, 2006 N 491, inspections of common property in apartment buildings are carried out by persons attracted by the owners of the premises on the basis of an agreement, and this can be either a management organization, or an HOA, or a housing cooperative. Any of the above organizations, if the owners of premises in an apartment building have concluded an agreement with these organizations for the maintenance of your home, is responsible for the proper maintenance of the common property in the apartment building.

It turns out that if a pipe break occurred in the area of ​​responsibility of the management organization or HOA, then it is not the owner, but the management organization, who should bear responsibility and compensate for the damage.

But in practice, the management organization always tries to relieve itself of responsibility and shift it onto the shoulders of the owner of the residential premises, and I want to tell you how to act in a situation when a pipe bursts and drowns your apartment and neighbors, and how in such a situation you can get money for the damage.

About the reasons

ATTENTION! Each case of flooding is individual, and the basic principles of the law do not always allow one to achieve the desired result.

It is worth having an idea about the heating system and its components:

• batteries,
• riser,
• supply pipes,
• connecting elements

The most common causes of emergency situations are:

• breakthrough during a scheduled communications check,
• the system has failed due to long service life,
• incorrect installation, in this case, it is worth understanding who exactly carried out the work,
• misuse of communications.

We find out the causes of the accident

What could have caused the leak?

• Manufacturing defect.
• The installation was completed with errors.
• Rust.
• The pipe was damaged during repairs.
• Pressure surge.

What exactly is the cause of the accident can be determined by an expert examination. An examination can be ordered by a court (if the case has reached it), or you can invite an expert yourself. For example, specialists from the Federation of Forensic Experts have the right to conduct an examination.

What to do to avoid such accidents?

No one is immune from pipe bursts. Most of our houses were built during the Soviet Union. Sewage, plumbing and heating systems, of course, wear out. But you can still take some actions yourself:

• Buy all plumbing fixtures, as well as materials for installation, in stores where you will be given a warranty card and a receipt.
• Replace pipes only in the presence of representatives of the housing office.
• Monitor the condition of the pipes and risers in your apartment yourself, even if you rent it.

The riser burst: who is to blame?

You are mistaken in thinking that everything outside the door of your apartment is exclusively your property. According to clause 5 of the Rules for the maintenance of common property in the MKD, approved. By Government Decree No. 491 of August 13, 2006 (hereinafter referred to as the Rules), in-house engineering systems for cold and hot water supply, consisting of:

• risers;
• branches from the risers to the first disconnecting device located on the branches from the risers;
• disconnecting devices;
• collective (common house) cold and hot water meters;
• the first shut-off and control valves on the branches of the intra-apartment wiring from the risers;
• mechanical, electrical, sanitary and other equipment located on these networks

are the common property of the residents of the high-rise building . Therefore, when a riser in an apartment bursts, it does not matter at all in which apartment this breakthrough occurred - along its entire length it is common to all residents.

But it’s hard to blame them for the breakthrough either. Proper maintenance of engineering systems, according to clause 16 of the Rules, depends on the method of managing common property and is ensured by the owners by concluding a management agreement with the management organization. And in accordance with clause 42 of the Rules, it is precisely such organizations that are responsible for the maintenance of common property to residents.

From all this we conclude that the riser in your apartment is common, and the management company (HOA, housing cooperative or other organization that manages the common property of the apartment building) is responsible for its maintenance. And the fact that it is in your apartment does not mean that it is used exclusively by you (Clause 13 of the Review of Judicial Practice of the Supreme Court of the Russian Federation No. 4, approved by the PVS of the Russian Federation on December 20, 2016).

How to blame the Criminal Code?

But not everything is so simple. In order to “let all the dogs go” on the management company, you need to find out (Definition of the RF Armed Forces No. 58-KG16-2 dated January 10, 2017):

• whether the section of the engineering system where the pipe burst and flooded the apartment belongs to common property. That is, it really must be a riser or its branches;
• whether the management company is responsible for its maintenance - an agreement must be concluded;
• reasons for the breakthrough - natural wear and tear of parts, pipe destruction, corrosion and other reasons arising due to improper maintenance;
• whether the management company took steps to properly maintain and operate the broken pipe, whether regular, seasonal inspections, pressure testing and other mandatory measures were carried out, whether the management company responded to residents’ statements about leaks, and so on.

Obviously, there will be violations in the work of the Criminal Code - this is in their tradition. And then they will be obliged to compensate their neighbors for the damage. The main thing is that there is no interference on your part in the operation of engineering systems, otherwise you will be made to blame. Independent replacement of the riser, local repair of leaks without the knowledge of the management company, unauthorized tapping, all this is grounds for recovering damages from the owner of the apartment where the leak was discovered. Example - Decision of the Zavodsky District Court of Novokuznetsk in case No. 2-88/2014 dated September 26, 2014.

Comments

April 25, 2017
Natalya

Hello! Help me with this question. I live in a four-story, two-story house. All apartments have been privatized. We pay monthly for the maintenance and repair of housing. A month ago, a water pipe burst below the house; the neighbors below did not notice right away. Therefore, our water bill came to us very high. The housing and communal services told us that if we don’t pay, they will sue us. Who is right?

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April 25, 2017

Mikhail (o-trubah.ru) ➜Natalia

It all depends on whose jurisdiction the pipe on which the burst occurred is located. If the site was located outside the house, and even more so outside the apartments, then with a high probability the housing and communal services are trying to blame the excess water consumption on the residents. But other situations are possible, so it’s worth at least: Finding out who is responsible for the technical condition of the pipe damaged by a burst. In any case, consult a lawyer.

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Algorithm of actions in case of a pipe break in an apartment

What to do if a pipe bursts in your apartment? Experts recommend:

1. turn off the tap separating the wiring from the common risers. Such a faucet should be installed in every apartment. It is usually located where water meters are installed. If a break in the water supply pipe occurs in the apartment wiring, then the water will stop flowing and the flood will be stopped;

To turn off the tap, you need to install the handle across the pipe.

1. call the plumber on duty from the housing office (if the breakthrough occurred on a working day) or the emergency service. Phone numbers of service organizations can be found on a sticker at the entrance, on a receipt for utilities, or you can find out at the help desk;
2. remove from the flooded area all valuables and electrical appliances that could cause a short circuit in the electrical wiring;
3. Before the emergency vehicle arrives, remove water from the floor and other surfaces as much as possible;

Removing accumulated water from the floor

1. try to fix the leak on your own.

Depending on the strength of water flow into the living space, there are:

• leakage under low pressure;
• leakage under strong pressure.

If your neighbors are flooded as a result of a leak, it is recommended to determine the degree of guilt and compensate for the damage caused without waiting for a court resolution of the issue. Otherwise, the amount payable will increase by the legal costs incurred by the injured party during the proceedings.

Fixing a small leak

To fix a small pipe break yourself, you need:

1. prepare a small piece of rubber or rubberized fabric (it is convenient to use cuts from rubber gloves). As a last resort, you can use a tourniquet to stop bleeding, which should be in every home medicine cabinet;
2. prepare tightening clamps, if available, or regular wire;
3. the rubber is applied to the hole in the pipe and tightened on both sides with clamps (wire).

The described actions will help eliminate the leak only for a short period of time. Immediately after the operation considered, you need to call specialists and fix the problem properly.

High pressure water

In the event of a severe accident and leak, it is much more difficult to repair the breakdown, but it is still possible to try. To do this you need:

• find as much dense fabric as possible;
• in the place where the pipe burst in the apartment, you need to wrap the fabric in several layers.

This method will not stop the leak, but it will help reduce the water pressure.

If during a minor leak only a personal apartment is damaged, a more serious accident can lead to flooding of neighbors. Since the owner of the property is responsible for the pipes located in the apartment itself, compensation for what happened will be assigned to him. In some cases, when sewerage and water supply are the joint property of the management company and the owner, payment for damage is divided in half.

Repair methods for metal-plastic pipelines

Anyone who has ever repaired water supply, sewerage and heating pipes or repaired a leaking faucet knows how many troubles you can get rid of if you know how to fix a leak in a pipe correctly.

Of all types of similar products used in everyday life, metal-plastic pipelines are the most practical. Therefore, the need to repair water pipes or a heating circuit rarely arises, and often problems are associated with the consequences of poorly executed connections of its components.

Since metal-plastic blanks for any purpose are durable and reliable, and repair of metal-plastic pipes is necessary only if the connection of the elements is made incorrectly, leaks and breakthroughs often form at the joints.

If a metal-plastic pipe is leaking, there may be several reasons for this:

• When laying the circuit, the installation technology was violated (for example, the bending radius was exceeded);
• during operation, a serious mechanical impact was exerted on the pipeline section, resulting in a violation of its integrity;
• water seeps out from poorly executed connection areas.

If a metal-plastic pipeline ruptures, you urgently need to disassemble the circuit at the point where the problem occurred and replace the damaged part with a new fragment. But if for some reason this cannot be done, then temporary measures can be taken to urgently eliminate the leak.

There are several methods for repairing metal-plastic pipes for heating or water supply.

Fixing leaks near fittings

Typically, metal-plastic products rarely break; problems relate to leaks in areas with fittings. If the connecting elements are leaking, then to solve the problem you just need to tighten the nut, since compression fittings loosen over time. Therefore, the nuts need to be tightened approximately every three years.

If after this the leaking part does not stop releasing water, it is necessary to carefully inspect the pipeline. To do this, you need to shut off the circuit, drain all the water from the system and follow the instructions:

• check the rubber sealing ring inserted between the fitting and the fitting body for damage;
• assess the degree of wear of the rubber gaskets on the fitting;
• inspect how smoothly the pipe cut is made.

After the leak has been eliminated, the line must be reassembled, treating the joints with silicone grease and wrapping the threads with sealing material. For example, FUM tape to eliminate leaks.

When using press fittings made of brass, an adjustable wrench is used to assemble the metal-plastic circuit. When installing a press connection, this device requires tightening the nuts with little force. Sometimes the nuts are over-tightened, which damages the soft ring inside the press fitting. As a result, a leak forms.

In this case, the leaking connection can be repaired as follows:

• you need to dismantle the leaking fitting: unscrew the cap nut, remove the end of the pipe from the connector;
• then remove the old soft ring using a hacksaw;
• process the cut of the tube with a fine-grained sanding mesh;
• put a new ring on the tube;
• reassemble the connection;
• Tighten the cap nut located on the body of the connecting device with a wrench, making one full turn.

Finally, it is necessary to check the waterproofing of the joint. If the connection leaks again, you need to tighten the nut with a wrench another ¼ turn.

Repairing a burst pipe

To reliably repair small cracks in polymer devices for a sufficiently long period, a bandage is used. In practice, such a device for repairing a burst section can be used until the pipe is completely replaced.

Method on how to repair a metal-plastic product using a bandage:

• a bandage can be purchased in a store or you can make a homemade metal clamp with a certain diameter;
• then you need to measure the required length of the bandage, allowing for allowances of 2-3 cm on both sides of the faulty section;
• wrap the crack with a piece of rubber 3-5 mm thick;
• Place a bandage over the rubber patch and secure firmly.

Assessing the extent of the damage will help you understand whether it is worth repairing the pipeline or whether it is advisable to replace it completely. If the crack or fistula is small, then you can try to cover the leak with cold welding.

Sealing a leak in a polymer pipe using cold welding:

• drain the water from the pipeline;
• reduce the possibility of exposure to pressure;
• dry the rupture site;
• treat the damaged area with sandpaper;
• Use cold welding to cover the gap.

The weld seam will dry completely after approximately 24 hours, after which the pipeline can be put into operation. However, it is not always possible to use this method for repairs, since cold welding is destroyed by temperature changes and high internal pressure in the system.

Actions in case of pipeline deformation

Not every fault can be simply patched over. Pipeline deformation requires other actions.

The appearance of lumps on the pipe . Such a problem can lead to a rupture of the line at the site of the swelling, so repair work must be carried out immediately after the deformation is detected. Crimping the pipe with a clamp to eliminate a leak will not bring results.

The sequence of self-repair of HDPE products will be as follows:

• turn off water supply systems;
• measure the section to be replaced. At the same time, take into account the margin - 3 cm on each side;
• using a pipe cutter or a sharp hacksaw, cut off the damaged fragment and prepare a new section;
• the ends of the polyethylene pipes from which the section was cut should be wiped with a dry cloth;
• Solder the updated section using a soldering tool.

Swelling of plastic pipes. A significant portion of the system greatly increases in volume. This type of pipe failure is most common in hot water supply systems.

This defect appears due to the fact that the pipe was selected incorrectly, which is not intended to work with high temperatures. If such a malfunction occurs, it is necessary to immediately replace the entire pipeline with pipes made of a denser material.

Pipe collapse . Often, such a malfunction does not require urgent repair. If only one plastic pipe in the entire pipeline is deformed, this will in no way affect the performance of the entire system.

Deformation of polyethylene (HDPE) systems can be a result of mechanical stress (for example, a blow to a pipe), and under the influence of pressure from inside, the pipe can straighten out on its own. If this does not happen and the collapse affects the permeability of the pipe, the deformed section needs to be replaced.

Helpful advice! Cracks and scratches on the surface of polypropylene pipes and HDPE pipes, with a depth of more than 10% of the total wall thickness, can also be considered a signal for urgent replacement of the section.

All of the above methods are not technically complex, but are relevant if urgent circuit repairs are needed, which you can do yourself. As an exception, complex defects in the plastic structure can be considered; in the case of repair of heating or drain pipes, replacement of system elements will occur at a higher level above the ground surface. The most rational solution in such a situation would be to seek help from a team of qualified specialists.

It is worth noting that a pipeline made of metal-plastic, with qualified installation using high-quality materials and periodic prevention of leaks, can last a long time without annoying the owners with problems.

Where to call if a pipe burst in your apartment

If you find a leaking pipe, hurry up and ask a plumber, whom the house management organization (DUK) must send. You should also go there if the pipe has already burst.

You can find information about which company services a specific address via the Internet, you can also look at advertisements at the entrance or see its name on the rent receipt. It is better to keep such numbers at hand, specifying them in advance. You can contact management specialists on weekdays during business hours. Most often they also have some kind of emergency number that is available 24 hours a day.

If a leak occurs when the DUK is not working, you need to call either its emergency dispatcher or the emergency repair service in the city.

The dispatcher will contact specialists and send them to the scene of the incident. You must understand that such actions can only be resorted to if the pipe is leaking so badly that it is impossible to cope with the problem on your own.

When troubleshooting a problem in the apartment, the owner of the property will have to pay for the work of specialists.

What to do if a riser in an apartment bursts?

First, some introductory information so that you can understand the whole point.

In today's realities, the housing and communal services fund is in a very worn-out state and, in principle, this is a secret to few people and the reason for this is the unscrupulous fulfillment by management organizations of the responsibilities for managing apartment buildings, or rather, the dishonest fulfillment of responsibilities for the timely repair and maintenance of utilities through which utilities are supplied , and these are pipes for supplying gas, water, heating and discharge pipes (sewerage).

The riser belongs to common house property on the basis of paragraph 5 of the Government of the Russian Federation of August 13, 2006 N 491, common house property includes in-house engineering systems for supplying cold and hot water supply consisting of risers, as well as branches from the risers to the first disconnecting device located on the branch from riser data.

The management organization is responsible for maintaining common property in proper condition on the basis of paragraph 42 of the Government of the Russian Federation of August 13, 2006 N 491. This paragraph states that organizations and persons who provide services, as well as perform work on managing an apartment building, are responsible to owners of residential premises, and are also responsible for the proper maintenance of common property in strict accordance with the legislation of the Russian Federation.

I gave you the information above so that you can understand that the owner of the apartment is not responsible for the common property, and if your riser or a branch from it breaks to the first locking device located in your apartment, then 90% of the time the manager will bear responsibility company, and 10% falls on those cases when a breakthrough occurred precisely at the locking device, or when the owner of the residential premises himself, without the permission of the management organization, carried out work to dismantle the riser and then a breakthrough occurred in this place, but later I will talk in more detail about this situation.

Now let's talk about your actions after flooding due to a broken riser, because 99% of the time, the neighbors below will come with complaints against you, because they do not know the real cause of the flooding, and the management company, in turn, will deny its guilt. But there is no need to worry, we do everything consistently and correctly and in this case everything will work out.

1. Call the management company to draw up a flooding report

First of all, be sure to call the management company and demand that the engineer, foreman, technician and whoever else is part of their rapid response team come to you and draw up a flooding report. This is a document confirming the fact of the accident, the location of the breakthrough, the reasons for its occurrence, the material damage caused to neighbors (and, possibly, to you) and other circumstances.

Demand that all this be reflected in the act, and that it be drawn up on the day of pouring. Additionally, check what exactly is stated as the cause of the breakthrough and how its location is described. At the same time, shoot everything with your phone camera.

If they refuse to leave today, go to them yourself and write a statement demanding to go to the place, they are obliged to respond to such a signal. We repeat, do all this together with your neighbors.

Order an examination

If you do not agree with the conclusions of the team from the Criminal Code, do not waste time, contact a private expert bureau and order an independent examination. The expert will prepare a report that will reliably describe the location of the leak and its causes. In the future, this will help you prove your case in court if it comes to it.

Who pays for the damage?

If a pipe breaks 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 supporting factors, then such a non-standard case can be considered in court.

You can hold residents accountable and compensate for damages for flooding of neighbors:

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

If the apartment is not privatized

If the residential premises are in state or, what happens much more often, in municipal ownership, the owner is responsible for the serviceability of the utility systems. For non-privatized apartments, such owners will be:

• Local administration, which has jurisdiction over non-privatized housing.
• A subject of the Russian Federation that owns office living space. This norm usually applies to military camps and other residential real estate objects necessary for the state to perform its functions provided for in the Constitution of the Russian Federation.

In this case, the tenant must be guided by Art. 179 of the Housing Code of the Russian Federation, according to which he must fulfill the duties of an employer.

Attention! But at the same time, the landlord, the person who provided the housing for use to the counterparty, bears responsibility for the content of communications.

Therefore, if a heating, water supply or sewerage pipe breaks in an apartment occupied under a social tenancy agreement, the owner will be responsible for the damage unless it can be proven that the tenant accepted the apartment as it is, with all its detected and hidden defects.

In what cases does the owner's liability arise in a privatized apartment?

The owner is fully responsible in a privatized apartment for careless handling of the heating system, for untimely calling a technician, for independently repairing pipes and replacing them without a representative of the management company.

The exception is for residents who received an apartment from a 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.

In what cases does tenant liability arise?

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

So don’t immediately panic when the battery in your apartment bursts. If you flooded your neighbors, caused damage to your apartment - record everything right away and begin to find out, together with the employees of the management company, what the cause of the accident was. If you are blamed for everything and forced to bear the costs of the damage caused, and you do not agree with this, then you need to go to court.

Privately owned

In the event that privatization took place or the apartment was purchased from the developer as private property from the very beginning, the owner of the living space is responsible, according to the Civil Code and Housing Code of the Russian Federation, for all life support facilities on his territory. As judicial practice shows, it is extremely difficult to prove that flooding occurred due to a breakthrough due to the fault of service companies. However, there is a chance for this to happen.

Owned by housing cooperative

In the event that the apartment was not registered as private property, but was built as part of a housing cooperative, responsibility for damage mainly falls on the housing cooperative itself. Only when the damage caused is in no way related to the normal procedure for using housing, and the residents themselves suffer from a breakdown in communications, is it possible to make a recovery.

How to prove the guilt of the management company in breaking a heating pipe and causing damage?

What to do if the owner of the premises did everything correctly, but the heating pipe burst, and he knows for sure that this is the responsibility of the management company?

There will be a whole algorithm of actions, the main goal of which will be to prove the guilt of the management company:

• firstly, it is necessary to obtain evidence that the owner or user of the premises did not change anything in such premises at all or did not make such changes without notifying the management company. If heating was not done at all, it is easier to prove (for example, there are old pipes or radiators, which is visible). If something has changed or is planned to be replaced, it is necessary to draw up a notice of such changes to the management company in two copies, one of which is sent to the organization, and on the other at the reception of this organization a mark is placed on the acceptance of documents;
• secondly, it is necessary to apply for an expert assessment of the current situation. The examination will be paid for, but in the case of an independent assessment, it will be possible to obtain evidence of the management company’s guilt in the fact that it did not comply with its obligations to monitor the condition of the utility networks of the apartment building;
• in the event that the management organization itself does not intend to correct the current situation and compensate for the damage, it will have to go to court, and for this, prepare an evidence base that the management company did not fulfill its duties. For example, if it turns out that there was no inspection of the networks, it is necessary to contact the residents of your home, first of all, those who suffered in the event of a burst heating pipe, in order to collect as much evidence as possible that the management company allowed negligent execution their responsibilities.

To summarize, I would like to note that in the vast majority of cases where heating pipes break, the management company will be to blame. However, if the owner or user of the premises committed unauthorized actions with the heating networks, the management organization will be relieved of responsibility.

Where to go if your sewer breaks

The unpleasant “aroma” of sewage drains appears not only in old houses where the pipes have already worn out, but also in new high-rise buildings.
In the latter case, the cause is errors in system installation. If you notice a sewer smell, you should first check your communications. This is especially true for apartment owners who carried out redevelopment and changed the location of plumbing fixtures. Often after this, stagnation forms in the drain pipes, which is the cause of the stench. If you are sure that the sewer system has broken in the basement, you need to notify the utility company about this. At the same time, you should not write a collective statement; it requires a longer consideration. The complaint must be submitted in writing, requiring mandatory registration.

The management company is obliged to take care of eliminating the leak. If necessary, utility workers clean and disinfect the premises.

In the event that a sewerage break occurs on the street, the emergency utility service must be responsible for its elimination. On weekdays, the incident must be reported to the emergency department or management company that services the site. If the accident occurred on a weekend or after hours, you should contact the city emergency service dispatcher.

If the leak is in your apartment, also contact the company that manages the utilities in your home or call an independent plumber.

If the heating pipe is leaking

If a heating pipe bursts in an apartment, use all available absorbent means: rags, sponges. Be careful, the temperature of the liquid is high enough to cause burns. A rag wrapped around the pipe will help reduce the water pressure. It is urgent to call the emergency service of the Vodokanal branch.

The arriving specialists will shut down the heating system in the house. Before they arrive, take measures to avoid flooding your neighbors or at least minimize the consequences of a leak. Open the windows to lower the coolant temperature.

Who pays for damage if a vertical water pipe breaks?

The situation when a leaking riser causes a flood in an apartment is very unpleasant. But it’s even more difficult if the apartments located below were damaged due to the accident. Neighbors have the right to demand compensation for damage, and it often amounts to a considerable amount. However, the owners of the apartment are not always to blame for the accident. The Housing Code clearly defines who is responsible for an accident. If the section of pipe up to the shut-off device fails, the HOA or the management company are considered to be the culprits. In other cases, the owners of the apartment bear responsibility for the damage caused. They are also required to monitor the health of the system and promptly report problems.

In a non-privatized, municipal apartment

Government decree number 491, which defines the rules for maintaining common property, states that maintenance and repair of the water supply system is carried out at the expense of residents. As for the replacement of pipes, it is carried out during the renovation of the entire building. Funds for this are allocated from voluntary contributions made by residents. This is also stated in Article 67 of the RF Housing Code.

Responsibility for the proper operation of the water supply and sewerage lies with the HOA. Utility workers are required to regularly check equipment and, if necessary, repair or replace it. However, it must be taken into account that if a leak occurs on the territory of the apartment, its residents will have to pay for the damage, even if they are not the owners.

If your upstairs neighbors flooded you and there are facts confirming their negligence, you should demand compensation for damage from them.

In a privatized apartment

Homeowners, as well as citizens living under a social tenancy agreement, are required to pay utility bills. The technical serviceability of the sewerage, water supply and heating systems is monitored either by special organizations with which the HOA has entered into a contract, or by the management company. Planned replacement of equipment is carried out during major repairs, at the expense of paid contributions. If the apartment owner wishes to replace the pipes ahead of schedule, this will have to be done at his own expense.

Both in the case of municipal housing and in privatized apartments, employees of housing maintenance offices are required to regularly check equipment. Residents are notified of such events in advance. After the inspection, the owner or tenant signs the inspection report. Residents who interfere with the inspection of technical systems are found guilty if a riser burst or a pipe burst in their apartment .

If a common riser fails, residents need to record this fact, draw up an individual (or collective) statement, accompanying it with photos or video materials. The latter is not necessary, but desirable. The application is handed over to the employees of the housing office, keeping a copy for yourself. It may be useful when going to court.

When does tenant liability arise?

Persons renting residential premises are responsible for maintaining the property located in the apartment in proper condition.

When it is proven that the tenant deliberately damaged property, including the communication system located in the apartment, the owner will have the right to apply to him for compensation for the damage caused.

In this regard, you should not panic when a pipe bursts in your apartment. First, you should inform the authorized authorities and record the accident. Next, you need to determine the cause of the breakthrough

Where to go if the apartment is owned by a housing cooperative

Housing cooperative is a group of private owners who are owners of property on the basis of equity participation. To put it simply, residents of cooperative houses, as well as residents of municipal high-rise buildings, have to pay for the maintenance and repair of the local area and common property.

Until the full payment of the cost of the cooperative apartment, its owner is the housing cooperative. After repayment of all contributions, the living space becomes the property of the shareholder. The organization of maintenance of such residential properties is no different from municipal buildings. Maintenance is carried out by the association of owners of cooperative housing (HOA) through an agreement with the Management Company, or independently. In some cooperatives, management is carried out by housing cooperatives. But most often they do not carry out any work on their own, but only enter into an agreement with the management company.

Hired specialists are required to carry out routine and scheduled repairs of equipment in cooperative houses. But the residents of the cooperative building will have to pay for it out of their own pockets.

As Art. 110 clause 2 of the Housing Code of the Russian Federation, owners of cooperative housing participate in the maintenance of the house. If a pipe burst occurs on the territory of an apartment, its owner is recognized as the culprit.

If you can't reach an agreement

Remember, when a person believes he is not at fault for an accident that occurred at home, he should not sign agreements or transfer funds to neighbors.

When a peaceful solution to the problem does not occur, the parties have the right to go to court. On the one hand, such a procedure will take a long period of time. On the other hand, going to court will help resolve the controversial situation in accordance with the norms of current civil law.

Before going to court, you must contact an expert who will conduct an independent examination of the damaged property. When a person does not agree with the results of the examination, it can be challenged.

When an interested person files a claim in court, the defendant has the right to insist on replacing the defendant, citing the management company’s failure to fulfill obligations related to maintaining the house.

When flooding occurred due to the fault of the owner of the residential premises, it is better to compensate for the damage voluntarily. When paying out funds, it is recommended to transfer money only on the basis of a receipt for receipt of funds, indicating the amount and reason for the transfer of funds.

Such a document may be required in the future if the victim abuses the right to receive compensation.

The parties have the right to draw up an agreement that specifies the following list of information:

• information about the parties (full name, passport details, information about the place of registration or contact information);
• information about the details to which funds are transferred if the payment is made in cashless form;
• the reason for which the funds are transferred (damage caused as a result of a pipe break);
• information about the date and time of the accident;
• the amount of damage that is subject to compensation by a person.

Who is responsible, repairs and pays?

So, we found out how to behave in the event of a pipe break. Now let's take a closer look at who will pay for the repairs.

If the apartment is municipal

Tenants are required to monitor the condition of the apartment, including the condition of the heating and water supply systems (see Article 179 of the Housing Code). And also do minor repairs. However, replacing pipes is not a minor repair. The owner – the organization, the city administration and others – is responsible for this.

But you need to notify them that the time has come to replace the pipes. After all, they do not live in the apartment and may not know about its condition.

If the breakdown occurred due to your fault, then you pay for all the work, but it can only be carried out by agreement with the owner.

If there are lodgers living in the apartment, tenants

What is described in the previous paragraph also applies to the case if the apartment is rented. The owner is required to carry out major repairs. But those who live in it should still monitor the current state.

However, there are cases when tenants are still to blame. For example, you didn’t close the tap or changed it yourself and incorrectly. Or the hose from the washing machine leaked. Then they themselves will fully compensate for the damage caused by flooding. Moreover, both the owner of the apartment and the neighbors.

By the way, if you are flooded by neighbors on the top floor in a rented apartment, this is a reason to talk to the landlord about reducing the rent. Because living conditions have become much worse. And you will most likely have to eliminate the consequences of the accident (wash the floor and walls, wash and dry things, ventilate the room). If, of course, the apartment is suitable for living after the flood.

When is the owner to blame?

So, we come to the most difficult case. Most often, the interests of several or one apartment owner and the management company collide. At the same time, everyone is trying to prove that the reason for what happened was not in him. Let's look at 2 scenarios.

The first option is when a plumbing equipment breakthrough occurs in your home.

First of all, it is necessary to record the fact of the breakthrough itself. For this purpose, a flood report is drawn up. This document has already been discussed above. One copy of the act must remain with you.

Then we find out the causes of the accident and determine the culprit. If the breakthrough occurred after the first riser of the crane, then you yourself are to blame for the accident, and repairs will be made at your expense (see Article 151 of the Housing Code of the Russian Federation).

If a riser or radiator breaks, then the organization servicing the house should be responsible. But if the owner replaced pipes, risers and other things independently, without notifying the housing office, then the responsibility falls on him.

At the same time, you can expect an attempt on the part of the management company to declare you the culprit in any case. Such attempts must be stopped with the help of expertise.

There are many nuances in determining the causes of the flood. It is better, of course, to seek an examination. And the costs of experts will be covered by the culprit.

By the way, for the neighbors on the lower floor you will automatically be to blame. And your goal is to prove that this is not so.

After this, the damage must be assessed. Both yours and your neighbors. Special companies will carry out an assessment for a fee, issue a corresponding certificate and attach a price list.

If you are still to blame for the incident, then negotiate with your neighbors about compensation for losses. It is better to record the following points in writing:

• what materials will be purchased - wallpaper, paint, etc.;
• their color and composition;
• at what price;
• who exactly will do the repairs (perhaps you can do some of the work yourself);
• How long does it take to complete the repair?

After completing all the work, draw up another act. Record in it that all work was completed on time and in full. In this way, you will protect yourself if your neighbors decide to make additional claims in a few months.

If the management company is the culprit of the flood, then provide them with an estimate of the size of the loss. And try to negotiate peacefully. Although practice shows that this succeeds in very rare cases. Most often the case ends in court.

When going to court, appeal that the management company improperly performed its duties to maintain the apartment building. She is obliged to monitor the condition of the heating system and flush it regularly. This means that consumer rights have been violated.

To file a claim, prepare a package of documents:

• the statement itself;
• copy of passport;
• papers confirming ownership of the apartment;
• bay act;
• act on assessing the cost of damage;
• repair estimate;
• payment receipts for plumber and expert services.

Here you can find a sample of filling out a claim. ⇐

Now let's look at the second case - when you were flooded

If the water does not drip from above, but flows in a stream, then be sure to turn off the electricity in the apartment.

Then go to your neighbors and make sure they are already aware of the breach and have begun to take action. If there is no one at home, you will have to turn off the water in the entire entrance. Do it yourself or contact the management company.

The further procedure is similar to the previous case: draw up a report on the flood, assess the cost of the damage and draw up a repair estimate. Collect receipts or warranty cards confirming the value of the damaged property. And present all this to your neighbors.

If they agree to resolve the situation peacefully, then draw up an indemnity agreement.

If you were refused to pay for the damage, then go to court. The package of necessary documents was given above.

Here you can also fill out a sample. ⇐

Liability for an accident in public housing

The apartment may be owned by other private individuals, institutions or entities, including municipal ones, who rent it out. The municipality is an equal owner, like any other entity, and has the same responsibilities for maintaining the apartment.

Tenants also bear some responsibility for pipes and their timely repair. However, their reinstallation is classified as a major overhaul, and it is implemented at the expense of the owner of the housing property.

In other words, when a riser pipe bursts in a municipally owned apartment, government officials, notified by the tenant, must contact the management company and order repairs.

Breakthrough in privatized housing

The owner of a privatized residential apartment is legally entrusted with full responsibility for:

• for damage to the heating system as a result of careless operation;
• for failure to contact housing department specialists when a leak or other damage to the pipeline is detected;
• for unauthorized repair of pipes by the Criminal Code and or their independent replacement.

Exceptional cases include the state of communications in a cooperative residential property undergoing the privatization procedure. Until full payment is made for such an apartment, it is on the balance sheet of the cooperative, and it is he who is responsible for this issue.

Who should I complain to about the inaction of utility companies?

It is no secret that employees of DUKs or DEZs do not always respond to residents’ complaints in a timely manner. Meanwhile, their main responsibility is to create a comfortable living environment for residents in the entrusted territory. It is their work that citizens pay for on a monthly basis using housing and communal services receipts. Since utility companies are service providers, Rospotrebnadzor is responsible for monitoring the quality of their provision. The owner of the property also monitors the work of the DUK. If the company does not fulfill its obligations, he has the right to refuse its services.

Heating season or not: subtleties of the issue

Separately, it should be noted that the apartment was flooded due to burst pipes or radiators in the heating system. The fact is that the water-steam mixture supplied during the heating season reaches temperatures above 55 degrees. Because of this, flooding resulting from a break in these communications not only causes damage to property, but can also be dangerous to the health of residents in a flooded apartment.

The main reasons why the heating system may leak are:

• Incorrect installation of pipes or batteries.
• Hidden design defect in the manufacture of system elements.
• Damage caused by the occupants of the apartment themselves. For example, some people use the bathroom to dry clothes after washing - and attach a clothesline to the heating riser. As a result, it may turn out that washed items that are too heavy will put a load on the pipe that is not provided for by the standards, and it will come off along the weld.
• Damage during summer pressure testing. Before the heating season, the serviceability of the heating is checked by supplying cold water to the system under high pressure. In this case, hidden defects should appear, and a leak of cold water causes less damage than a water-steam mixture during the heating season.

Attention! However, it happens that the defect does not appear during crimp testing, but the weak point breaks through directly during operation of the pipe or battery.

In most cases, if a battery breakdown occurs, the management company must replace it on its own and at its own expense. However, if a pipe or battery is damaged due to the fault of the residents, and there is evidence for this fact, the company can subsequently go to court and demand compensation from them for the expenses incurred.

In addition, the fault will be assigned to the tenant if he:

• Independently replaced radiators or heating pipes. In this case, he himself is responsible for their integrity.
• Privatized the apartment. In municipal housing stock, all damage is compensated by the management company or local authorities. In a private apartment, the responsibility will be borne by the owner himself. The company will only carry out repairs or replacement - but the tenant himself will be responsible for the leak.

But the main difference between whether the leak occurred during the heating season or outside it will be the following:

1. If a radiator or heating pipe leaks during the season , there may be many options. The reason will most likely have to be established by involving an inspection commission and a construction expert.
2. If a leak occurs during the warm season , the cause is almost always water hammer due to improper pressure testing (hydraulic testing of the heating system, when the pressure rises above the operating pressure). In the vast majority of cases, the management company or heat supply supplier will be at fault.

Breakdown of the heating system during the heating season

An emergency situation that arose during the winter period belongs to a special category of incidents. When heating pipes break, at this moment the fear is not even that water will begin to flood the room. There is a high risk of getting burns from hot water.

Attempts by residents to fix such breakdowns on their own are extremely undesirable. It is recommended, if possible, to ensure the safety of people and the safety of valuable property, including documents.

In the summer months, the management company is obliged to carry out scheduled pressure testing of heating equipment, which consists of running cold water through the pipes. In such cases, as a rule, damaged pipes make themselves known through leaks.

Residents are notified of the inspection at least 3 days in advance so that they can adjust their plans and be present at home at the time of the event.

An owner who notices leaking pipes in his or a neighboring home contacts repairmen, and the repairs are carried out at the expense of the management company.

What you can do with your own hands

You can try to restore the tightness of the pipeline with your own hands. To do this you will need to do the following:

A clamp is the most effective method of quick repair, which, if done well, becomes a permanent element of the system.

• It is recommended to take care in advance of purchasing a couple of special screw clamps. They cost mere pennies, but in such situations they will help out. A rubber plug may also be required to plug the leak. It is inserted into the sewer tee;
• Now you need to wrap the damaged pipe with a piece of flat tin (for example, cutting it out from a very ordinary beer can). This piece needs to be secured at the breakout site with clamps. The screws should be tightened as tight as possible! You can even resort to the help of foreign tools - pliers, pliers, etc. By the way, the patch can also be cut from a piece of rubber. For example, from a ball or a bicycle inner tube;
• If everything went well, then the resulting patch must be additionally wrapped in thick material, and on top also with tape or a piece of plastic film.

It is clear that such a patch cannot last long. However, it will still be possible to reduce the degree of catastrophism for some time. However, history knows of cases when such a “temporary” patch lasted successfully for many months. If hot water is gushing out of the pipe, then you should not try to eliminate the leak with your bare hands. There is a high risk of serious burns!

There is another way to eliminate a leak - if none of the above is at hand:

If a leak occurs, insulating the damaged area with epoxy resin and fiberglass can be used as a temporary measure.

• You will need to mix the epoxy resin according to the instructions;
• Soak an ordinary bandage or some other piece of fabric with the resulting composition;
• Wrap the pipe with this bandage, with a fairly extensive overlap and the maximum possible number of turns.