Can neighbors turn off the water?
According to Art. 12 of the Water Code of the Russian Federation, a water use agreement provides that one party (the executive body or local government) undertakes to provide the other party (the water user) with a water body or part of it for use for a fixed fee.
Therefore, the answer to the question whether neighbors have the right to arbitrarily turn off the water is negative. This service is provided by the state and can be terminated only in cases specified by law.
Private sector
In the private sector, the Water Code applies, so if other residents turn off the water, this is a violation of current legislation.
Apartment house
The water in the apartment also cannot be shut off by neighbors; such actions on the part of other residents violate the civil rights of the owners of the living space of the house.
What to do if your upstairs neighbors are flooded, where to go
This can be a long and difficult process, and a decision in your favor does not mean immediate payment of the required amount. Depending on the size of the amount, and despite the five-day deadline for execution of the court decision , payments can actually be extended over a long period of time, sometimes months. Please take this into account when deciding whether to file a claim, since after filing a claim, repairs cannot be made due to the possibility of re-examining the lawsuit.
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If there was a leak in the heating system, regardless of the presence of heating radiators or heated towel rails in your neighbors’ apartment, the management company is to blame. Clause 6 of Part I of the Rules refers the entire heating system to the area of responsibility of the management company.
Where to complain
If a neighbor below or above has blocked the water, you need to complain:
- to a management company (MC), whose responsibilities include ensuring that residents receive housing and communal services in a timely manner. Open sample;
- to the Housing Inspectorate for the area where the problem house is located, if the management company cannot or refuses to solve the problem. Sample application;
- to the district administration if employees of the Criminal Code or the Housing Inspectorate refused to deal with the violator. Sample application;
- to the district police officer if peaceful attempts to resolve the conflict did not bring results. For more information on how to do this, read the article: “Application against unlucky neighbors: pitfalls, writing samples”;
- to the prosecutor's office if the district police officer does not accept the application or does not take action to protect the applicant's rights. Sample application;
- to court if appeals to the authorities do not produce results.
Complaining about lack of water should not be a gradual process. For example, you can simultaneously contact both the Housing Inspectorate and the district police officer.
Question: Vladimir, good afternoon! I came across your website about plumbing, sorry for the trouble. But I need your advice, I didn’t post the question on the site because I needed to show a photo. I don’t know if you can help, I need your professional opinion.
I will immediately describe the question and the situation below, but if you have paid consultations, you can write to me, if I am satisfied with the cost, I will pay for everything in advance. Thank you in advance.
I describe the background of the situation so that it is clear.
Until the spring of 2013, we had a steel hot water drain, as it should be in the whole house about the project, we even did welding in the toilet when we were doing renovations and the hot water riser was also made of steel, but at home... However, in 2011, the neighbor from below was doing a grandiose renovation and when we came home from work, our risers were turned out: the hot water riser in the bathroom, the heated towel rail was turned 45 degrees from the wall (he didn’t warn us about anything..) We called his builders, he wasn’t even at home and they turned us around, But…. two years later in 2013, in the spring, we started leaking from the ceiling where the hot water riser was, we went to the neighbors above, we thought they were drowning us again (they have done this more than once before, though for small things and they never want to pay)….but they dry... We are in the housing office (at that time we didn’t even have a management company, our people in the house did not choose anyone and there was a direct method of management), the housing office then disowned everything. The local plumber turned off the hot water, fortunately it was spring... and said that most likely the pipe in the ceiling between us and the upper floor was leaking because it had rotted...
The upstairs neighbors let him in, and he told us that they had cut and inserted a polypropylene pipe and a new towel, and at the same time everything was sewn up completely... The upstairs neighbor refused to talk to us at all, because they were heating us and we insured the apartment and Then the insurance company collected money from her (but here in Russia, whoever suffered is the one to blame...), the mechanic said that the pipe in the ceiling needed to be changed, but she categorically refused to do the welding... and did not agree to disassemble her box at all, we sat without hot water for a day two... although it ran a little, but nevertheless the locksmith closed it. As a result, the neighbor said that she would only allow the change if there was a replacement without welding with polypropylene... Our local mechanic was in the know, but said that they don’t work with polypropylene and that we should hire another team, we asked our plumber, but he said that then since the neighbor below also has polypropylene, then you need to join it through the ceiling... that is, pass polypropylene from the neighbors above to the neighbor below. We went to him, he said that he would not dismantle his European-quality renovation, in general there was a complete ambush - the entire entrance was running into us, not them, the housing department did not want to decide anything, since he was not actually the management company, the neighbor from above insisted only without welding, but the neighbor below didn’t let me in at all...
In general, our plumber then decided to go over the top with polypropylene from the top floor - when they pulled out the pipe, it was clear that it had begun to rot in the ceiling... (the house is from 1993), and cut off the metal below and cut it, but it was not possible to cut it, the pipe was very flimsy and he supplied us with this mount... as I understand it, it’s called a Gebo coupling... In general, now we have a fiberglass-reinforced polypropylene pipe from the neighbors above in the ceiling, and below in our apartment (see photo) a piece of metal sticks out and is connected through a hebo. Regarding the project and the whole house, for some reason, despite the project, the hot water pipes in the basement of the house were replaced with polypropylene - that’s for sure, the neighbor from below walked to the basement...
Now the current situation. Last year, we chose this housing development as a management company, and they started going from house to house and checking pipes and risers... when they saw this, they wrote an order - that we had violated everything in the world, that polypropylene should not be used for risers, that everything needs to be welded back with metal and etc. At the same time, why they don’t explain the polypropylene in their basement... As far as I know, the neighbors above and below wrote the same thing... But no one does anything and is not going to let them in: at the top she said that it was our fault that she had already taken everything apart, her entire box in 2013, the downstairs, as then, were renovated in a European-quality manner and everything under the ceiling was sewn to death...
Zhek scares me that all this can break through, everything will run, etc...... Our plumber who did the work assures that everything is fine... that the reinforced polypropylene itself is reliable and given that there is also polypropylene in the basement, the temperature of the coolant must be regulated and cannot reach more 60 degrees... In general, you won’t find the truth... Of course, in theory, I don’t mind changing it to steel... but I also really have renovations and the tiles are not bad, as you can see, but I’ve already figured out how to cover them, they say there is a special material like non-flammable.. Only so that both the neighbors above and the neighbors below need to be changed... but things are still there... In general, we have been living with this riser since 2013... At the same time, everyone forgot about the situation with 2013 and how everything was flowing for us, and the mechanic and the housing department said , that they didn’t sign for anything and in general weren’t the manager at that time... they say the residents had to decide... in general, with the legal authorities. point of view, we are again left to blame... and if he runs, then it’s all on us....
Now questions for you as a specialist:
- From the photo, what can you say about the reliability of the design, especially in terms of the coupling...
- How objective are the scarecrows of the Housing Office... about the fact that there should be steel on the risers, especially hot water. Considering that we have it reinforced with fiberglass???
- How reliable is the fastening of the coupling, if you still can’t force the neighbor above to walk with polypropylene to him???
- Is it still worth changing to steel (they say steel pipes are now made even worse) or is the easiest way to force the neighbor downstairs to let him in and walk with polypropylene to him and you shouldn’t be afraid???
- if you can’t force your neighbor to do otherwise, maybe his ceiling or American fastenings will leak sooner, we don’t know how he has it secured under the ceiling….
To be honest, I'm more concerned about security than legal. aspect and opinion of the Soviet housing department workers... it’s just the 21st century, and they still offer steel. We are not in the Far North region, sometimes in winter it gets below 30, but rarely... and then there is a PP in the basement, as I already wrote....
Please express your opinion as a specialist, only honestly... Because I can’t find a place for myself anymore and I can’t figure out what to do. The apartment is insured, of course, and there is also liability in case of a flood, but the water is hot and no one will understand or compensate for the real damage...
Thank you in advance for reading and giving me your time.
Sincerely, Natalia.
Answer: Hello, Natalya.
Judging by the contents of the letter, you are a good, wonderful person; hence all your troubles. Good people always take everything “close to their hearts”; Therefore, everyone around them always tries to use them as a lightning rod; Currently, the housing office is trying to use you to solve their problems, because only you, of all your neighbors, adequately respond to calls to you; unfortunately, your neighbors did not show either proper understanding or proper solidarity; and the plumber was not up to par; collectively you would have solved all your utility problems long ago. The structure of any society gives very few chances to good people; That’s why they, from time to time, must show their “claws”; otherwise they will never get out of the “quagmire” of life’s problems.
Now about the matter. Any attention of the management company to any tenant is a desire to receive a certain amount of money; in fact: the housing office does not care at all about the condition of the pipes; It is not the condition of the pipes that is important, but the opportunity to earn money. Don't give any money to anyone!
You write: “The housing office scares me that all this could break through, everything will run, etc.....” and you perceive this “scarecrow” as the housing office plans - you are afraid of the consequences of leaks. This is both true and false; humanly speaking, this is true; Technically this is not true. They frighten those who are ready to be afraid; none of your neighbors are subject to attacks from the management company, although everyone has the same responsibility. They chose you - you are trying to resolve the situation, even at your own expense; it benefits everyone; but no one ever appreciates good deeds; Now you will be accused of not replacing the entire riser at your own expense.
My advice to you: send everyone away; you have every right, and the sooner you do this, the sooner the housing office will take care of its direct responsibilities - bring the utility networks into proper condition. Next is how to do it.
Apartment risers are part of the building's utility networks and are the property of common property; Residents are not responsible for the condition of the risers under any form of ownership. The housing office scares you because it itself is afraid and is trying to solve its problem in this way, shifting all responsibility onto you. The housing office wants to see a steel pipe, so let it install it; all that is included in your responsibilities and stated in the contract is providing access to carry out work. Justify the partial replacement of the riser in your apartment as a forced necessity; that this is actually the case. It would be great if you still had an emergency section of the riser pipe in your collection; but it’s unlikely that you still have it. No problem. Try to find a piece of old pipe and the worse its condition, the better. This pipe can be passed off as a replaced part of the riser; Therefore, it must be the same diameter as the riser. It’s not visible in the photo, but I think; that the riser pipe is galvanized. The old pipe would be the most powerful argument in resolving the conflict. No words have such an impact on housing workers as the sight of a water pipe in disrepair. It will be possible to point out that the pipe in the lower ceiling remains in the same condition and the blame for its condition lies entirely with the management company. Remember one immutable rule: the emergency condition of the building’s engineering networks, including risers, is not your fault, but the fault of the management company; the emergency condition was the result of a negligent attitude towards the maintenance and servicing of the public utilities entrusted to them. You should not take on the responsibility of solving other people's problems. Even if any leaks appear on your current pipe, feel free to go to the housing office and write an application to eliminate the leak; ignore all statements about unauthorized replacement of pipes; the riser is the property of the management company; let them fix it.
If, suddenly, the old steel pipe remaining in the lower ceiling leaks, then someone may come up with the idea of blaming you for: that it leaked as a result of your repairs; such an accusation will be absolutely absurd and you can safely ignore it; especially since you took the initiative to replace this section of the riser.
No matter what your management company claims, accusing you of unauthorized replacement of the riser; but the company itself, albeit indirectly, participated in these works. To replace the riser section, it was necessary to turn off the water in the basement and possibly the attic; because your heated towel rails come from a hot water riser; There must be constant circulation of hot water. It is impossible to turn off the riser without a local plumber. I wrote “impossible” because this is another argument in your favor and an indicator of the management company’s participation in replacing the pipe. Of course, sometimes cellars remain open and accessible to anyone to visit; including a third-party plumber. In this case, you should react calmly to the accusation of unauthorized shutdown of water; such an accusation is too far-fetched and not objective - workers of any housing sector are well aware of: what, where and how they do it; they know everything perfectly well, having good informants in the person of janitors, plumbers, electricians and other workers in their service; and, also, overly active, retired women who care about everything. Housing workers are just pretending to be “poor sheep.”
It is not beneficial for the housing office to use an open basement as an argument for your unauthorized shutdown of water - an open basement indicates a malicious violation by the management company of the laws of the Russian Federation that oblige managers. These requirements are stated, for example, in the document: “Rules and standards for the technical operation of the housing stock MDK 2-03.2003 (approved by Resolution of the State Construction Committee of the Russian Federation dated September 27, 2003 N 170). By leaving attics and basements open, the management company puts your life in great danger and contributes to the theft of common property. In general: ignore the charge of unauthorized entry into the basement; Moreover, you were not there.
Now: about the safety of your installed pipes and fittings. Currently, polypropylene pipes are the most used type of pipes and their use has legal grounds. If you wish, you can familiarize yourself with: SP 40-101-96, SNiP 2.04.01-85, GOST R 52134-2003. In St. Petersburg, for the installation of water supply risers, polypropylene pipes are used in most new buildings; for example: “Baltic Pearl”, “Northern Valley”, etc. If you wish, you can familiarize yourself with the construction documentation. You write: that your lower neighbor also has polypropylene pipes installed; but, apparently, the management company has no complaints against him; so you ignore the attacks against you; I am absolutely sure that in your house there are many apartments with installed polypropylene pipes. I have polypropylene pipes installed on the hot water riser at my house.
You have real Gebo connections installed; They have been in use for several years now, which speaks to their reliability. Connections of this type were simply “manna from heaven”, because there are situations when they help solve serious problems painlessly. The emergence of new Western inventions always arouses keen interest - how it works and whether it can be trusted. Technical documentation does not always provide objective information, especially since the translation is done by people who are far from technical knowledge. Performance characteristics can only be assessed with confidence after several years of operation under various conditions. Gebo connections have been in use for about twenty years and I, as an Emergency Service employee, do not know of a single emergency case associated with these connections; when installed correctly. The correct installation of your connections has been confirmed by time of use. I install the Western devices that interest me most in my apartment; in order to have the most accurate information about their reliability or unreliability. I installed the Gebo connection in my apartment when replacing the riser (it was also not possible to replace the down pipe) fifteen years ago and there is no need to change it. Of course, Gebo connections and their analogues are not included in regulatory documents as devices for mass use; but sometimes you can’t do without them.
The persuasion of your downstairs neighbor is not your problem. If housing office representatives think that the pipe needs to be replaced, then let them replace it; when the pipe starts leaking, your neighbor will come running to you with a request. No one can blame you for not replacing the down pipe; You can also blame your downstairs neighbor: why didn’t he replace the pipe to your upstairs; Moreover, he was more interested in this replacement than you and he would not have to return to the problem of replacing the riser; which, now, will entail some destruction of its lining. The management company will not have to persuade your neighbor to provide access; he must provide access to public communications at any time of the day or night; this is stated in the contract for any form of ownership; this is the law. Often we have to deal with residents’ refusal to provide access; motivating refusal by rights to private property. This situation indicates complete ignorance of the law and only delays the solution to the problem. Private property is nothing more than an illusion; especially in an apartment building.
In conclusion, a little advice: When talking with representatives of the management company, under no circumstances raise your voice or use profanity; With this type of dialogue, you have no chance of a positive resolution to your problem. Housing office workers are special people; For them, scandal is a common thing; they have a huge history of conflicts with residents; who mistakenly choose aggressive tactics of behavior. You will not be able to swear at the housing worker; unless, of course, you are a trade worker; then the chances are approximately equal; only, now, will you be satisfied with the results. On the contrary, balanced behavior and calm speech confuse representatives of management companies; they do not expect such a turn of events, they are lost, not knowing how to behave. In any case: the less you talk, the better it will be for you; it is necessary to speak only on the merits of the matter.
Your small household utilities are in perfect order; you should take care of your daily life, and let the relevant organizations take care of the general household utilities; We pay for their valuable services monthly.
You should not be afraid of unpleasant incidents; Both old and new pipes may burst; the flexible connection of the mixer may burst; Many more troubles may happen. We live in a world where one or another danger awaits us from all sides: at home - the danger of electric shock, the danger of being scalded by hot water from a burst heating pipe; the street is generally a complete danger - cars, dogs, falling icicles and elements of building facades, cyclists, terrorists, etc. Perhaps, someday in the future, they will come up with a way to transmit water via Wi-Fi and Bluetooth; Then we’ll live in peace.
I wish you a successful resolution of your problem and a speedy attainment of peace of mind.
Sincerely, Vladimir.
Question : Vladimir, good afternoon! Thank you very much for such a detailed explanation of the situation and answers to my questions... You reassured me very much... It’s just that this epic with a boner exhausted me so much that out of grief I didn’t know who to ask for advice.
Yes, you are right, I’m probably very correct in terms of responsibility for others and for myself, which is why it turns out that those who don’t care always win. As one famous person said, I just don’t remember who, “Fear the indifferent, for with their tacit consent all the crimes of the world are committed.” So our neighbors are basically like that... they “don’t care,” as they say now.
I read your site, everything is so intelligible and understandable even to me, who doesn’t understand anything about it. Thank you again for giving people so much useful and necessary information, and also in a simple and sometimes humorous form. In our difficult times and in our country, which is unique in its mentality, it seems like there’s nowhere without humor...
If you don’t mind, I’ll keep you updated on the developments about the boner... at least I’ll write if this epic ends and how..
Sincerely, Natalia
How to shut off water to neighbors
The reason for shutting off the water can be not only the desire to annoy your neighbor, but also a malfunction, until which the water flow must be stopped.
Usually in such situations you should contact the management company, which will shut off the water until the problem is resolved.
If a pipe bursts on a weekend or at night, you will have to solve the problem yourself. To avoid flooding of your apartment, you need to make an emergency shutoff of the riser. But this will cut off the water not only to the careless resident, but also to the entire entrance, which can have consequences.
We recommend reading: “What to do if your neighbors flooded you...or did you flood them?”
If the problem is with a specific neighbor who floods regularly, you can install a separate tap in the riser and turn off the water only to him. But this action must be agreed with the Criminal Code.
What to do if your upstairs neighbors are flooded
If the break occurred before the pipes entered the neighbors’ apartment, then they are not responsible for damage to your home. But this standard does not apply to problems in the heating system. In the question of who is to blame if the heating breaks and floods the neighbors, judicial practice clarifies and explains that the entire heating communications system is within the jurisdiction of the company servicing the house.
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After eliminating the leak, two possible developments are possible. The victims carry out the repairs themselves with subsequent compensation for the costs, or the guilty neighbors repair the damage. The second option is suitable when citizens cannot decide what to do or how to assess the damage if the neighbors above them are flooded. The amount of money spent on repair work will need to be justified by an expert assessment or agreed with the neighbors.
