Who should change the pipes in the apartment, the housing office or the owner, the law

The development of technologies used in the production of heating elements makes it possible not only to produce high-quality heating of residential premises, but also to consume energy resources. Batteries made of cast iron and memorable for the older generation are a thing of the past. Replacing heating batteries in an apartment through the housing office is an extremely important process.

It happens that the housing office administration does not want to accept an application with a requirement to change the heating device, citing the lack of a license. We offer a detailed understanding of this topical issue for Russians.

Batteries - what kind of property is this: communal or personal?

It is important to understand what status the batteries are given: is it communal property or private property for which the owner is responsible?

The text of Resolution No. 491 approved the list of property objects of apartment buildings that are objects of public use, these are:

1. Risers.
2. Fittings of all types.
3. Metering devices for general house use.
4. Heating elements.

Based on this list, batteries are property belonging to the house.

Important addition! Most management companies (MCs) prefer to conceal this important information. Therefore, most people, if a battery breaks down, begin to repair it themselves, without contacting the housing office.

Thus, the management company saves money by shifting its own obligations to the residents of the house.

At whose expense and who should replace risers in an apartment building

Who is responsible for replacing common property? To answer this question, it is necessary to distinguish between two concepts - current and major repairs. The first is carried out by the efforts and resources of apartment residents. Current repairs include the following types of work:

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Major repairs are carried out by the management organization. Carrying out repair work that is required to maintain water supply, sewerage, and heating risers in working condition is the responsibility of the housing office or another company with which the corresponding agreement was concluded.

Who should replace the battery?

When radiator pipes leak, a reasonable question arises about who exactly, according to the letter of the law, is obliged to replace the heating device:

• when the apartment is privately owned;
• when the apartment is in state ownership.

Privately owned apartment: how to change a radiator

Batteries, by law, are considered common property, unless you take into account an important nuance.

Note! If the pipes entering the apartment are equipped with a valve that allows you to turn off the heat, then such a radiator is the property of the homeowner.

It is difficult to achieve reinstallation of the heating device through the housing office. To save yourself from freezing and “flooding” you will have to repair it at your own expense. But, in the absence of a tap that allows you to turn off the water supply to the battery, the replacement must be carried out by the housing office.

According to practice, when responding to a call about a leaking radiator, management company employees remove the emergency device, install a plug and offer to wait until the battery is replaced. Utility workers hope that, tired of waiting, the owner will make the replacement himself: especially if the accident occurred in winter.

Take note! If the owner repairs it himself, then he has the right to demand compensation from the housing office in the amount of the price of the radiator.

To have a chance of success in “battles” with utility companies, you should enlist the support of an experienced lawyer.

Municipal apartment: radiator replacement

If the housing is not privatized, then in case of leakage, low heat transfer and wear of the radiators, the owner of the apartment must repair them. Therefore, residents of municipal housing are required to have comprehensive information about who exactly owns the house and who is involved in its maintenance.

The tenant is just the tenant of the apartment. Therefore, you are not obliged to pay for repairs from your own wallet.

Take note! Housing office workers who come on call do not have the right to demand payment for installation work to replace heating devices. This can be regarded as direct extortion and a violation of Government Decree No. 491.

According to Art. No. 65 of the Housing Code of the Russian Federation, the landlord, on the basis of a social rental agreement, is obliged to carry out decent maintenance and repair work of common property.

Does the tenant have an obligation to pay for replacement radiators?

The above “Rules for the maintenance of common property” apply not only to owners, but also to citizens living in non-privatized housing and who do not have a legal basis for its ownership and disposal.

Plumber services

This document contains a list of common property: it also includes a common heating network, consisting of risers, radiators, shut-off valves and other equipment. In addition, it also contains an indication that the necessary actions with common property are paid for by the management company from payments collected under the line of current repairs.

Correct installation of the shut-off valve

With an existing valve, the problem of “at whose expense the heating radiators in the apartment are replaced” is solved by paying the resident himself. Thus, the contract stipulates that the citizen - tenant of the housing is obliged to monitor the working condition and integrity of the equipment in the apartment and carry out periodic maintenance “at his own expense.” Among the designated works there is also a repair item for the heating network.

An accident occurs: who will bear responsibility?

To find the culprit for the accident, it is necessary to establish who caused it: the homeowner or the housing office is at fault. If the owner notices the poor condition of the heating pipes, he is obliged to immediately inform the housing office employees about this by calling a specialist.

It is necessary that the call of workers be formalized:

• an application is drawn up, registered, then a repair time is set;
• after completion of the battery repair, the owner receives a work acceptance certificate;
• the act is signed simultaneously by the owner of the property and the plumber.

If you follow all the steps, then the management company will bear responsibility for poor-quality installation of heating devices.

Do not forget! The housing office is obliged to regularly carry out scheduled inspections of the heating system (at least twice a year) and repair it.

Based on the results of the inspection, utility companies are required to issue a final report. When owners do not allow specialists into an apartment, this legislation will be regarded as improper use of communications. Responsibility will fall on the owner.

Heating devices: replacement procedure

Replacing a battery requires knowledge of the law and your own civil rights.

Where should I contact?

In the event of an accident, you must urgently notify the housing office, informing about the fact of the breakthrough. If it happened at night, then call the 24-hour emergency service number.

It is advisable to record, either on video or in photos, the fact of flooding, as well as the state in which the apartment has become. The housing office does not like to make payments for repair costs, trying to prove that the owner is at fault.

In the event of an accident, the owner decides who to invite for repairs: specialists from the housing office or private owners. The price tag for these specialists is approximately the same. Here is a comparison table:

Sample applications

There are two types of applications you can submit:

1. With a request to change the radiator.
2. With a request to turn off the riser and water drainage. An application for replacing heating batteries in an apartment is required in order to obtain permission and agree on the time of work, and the second application is required for the purpose of carrying out the necessary work.

These statements do not have a regulated form of preparation, therefore they are written in an arbitrary manner, signed by the applicant, namely:

• in the upper right corner you must indicate: information about the official, the name and legal address of the management company. Then indicate the applicant’s name (full name, address, contacts);
• Write the name of the document in the center of the sheet: “Application”. Below is a detailed description of the problem. It is useful to refer to legal norms/government regulations;
• It is useful to attach a photo/video as evidence. To do this, under the text of the application, you need to write the word: “Appendix”, then list all the attached materials;
• You must indicate the date below and sign it.

The application must be accompanied by:

• document of ownership of housing;
• the applicant's identity card with a copy;
• apartment plan with layout and designation of the heating system.

The Housing Office secretary is obliged to accept the papers, assigning them a registration number. The application is considered for a month from the date of its submission. The housing office must inform the applicant in writing about the results of the review.

Price

The cost of replacing heating appliances through the housing office depends on the region: in the capital the price will be much more expensive than in the provinces. Here is the average price range for battery replacement:

• turning off water in risers - from 500 to 1,700 rubles;
• price for replacing a radiator (excluding the price of batteries) – from 4,000 to 6,000 rubles;
• emergency radiator (which is leaking, if there is a conclusion about it) - replaced free of charge by submitting an application to the management company;
• for one battery the plumber will ask from 3,000 to 6,000 rubles. This includes: pipe replacement, welding, installation.

Who should change: Housing Office, Management Company or the owner?

The housing law, which classifies heating radiators as common property of the condominium, narrows the possibilities for dismantling and installing new radiators by apartment residents. Having decided to dismantle such an old device and install a new one without the help of the housing office, the tenant risks encountering many obstacles.

The same document indicates that the removal or installation of an apartment heating device can only be carried out by a decision adopted by a majority vote of all home owners. If there is no agreement, independent activity to change the configuration of heating appliances in your apartment will be considered as sole management and disposal of the condominium property. And for any failures in the heating system, it will not be the housing office that will be held responsible, but the resident of the apartment personally.

Meeting of house residents

In reality, it is difficult to imagine that a general meeting of residents will be held to agree to replace each battery in the house. The responsibilities of the chairman of the HOA include monitoring the general heating system for the building. In addition, the thermal balance of the building is often disrupted through independent installation of new batteries, as a result of which the temperature regime in some apartments may be disrupted.

In the rules for the use of housing stock, control over unauthorized changes to heating equipment in apartments is assigned to the service organization. The homeowners' association can contact the housing office and dismantle the extra radiators illegally installed at the expense of the residents.

But it is often very difficult to force the homeowner to remove an additional and illegally installed battery or return the heating structure to its previous form. A way out of the situation may be to file a lawsuit to compel action to dismantle the radiator.

Lawsuit

Despite existing legislation and obstacles to replacing batteries yourself without contacting the housing office, dismantling old radiators and installing new radiators on your own is much easier than waiting for these actions from the management organization. When refusing to replace heating appliances, housing office representatives rely on the concept of “balance sheet delineation” of property belonging to the owners and the entire house.

Replacing batteries

And if the emergency radiators in your home require replacement and do not have shut-off devices, you need to contact the Housing Office and the management company with a request. If you refuse the above actions, you can write an official letter to the organization servicing the house, where you outline the situation and demand replacement of the batteries. And then, having studied housing legislation, file an application with the court to force the battery to be replaced.

Home / Radiators / At whose expense are the heating radiators in the apartment replaced?

The approaching cold season often reveals all the shortcomings of the heating system of a crowded house. Outside equipment is usually repaired and changed based on the collective opinion of the general meeting. What to do with the emergency pipes and at whose expense the heating radiators in the apartments of tenants and owners are replaced, the residents themselves will have to think about.

The question of who should change the heating batteries in an apartment becomes especially acute with the onset of cold weather. After all, if the battery leaks or there is not enough heat in the house, replacement cannot be avoided. In this article we will figure out who owns the batteries in the apartment and at whose expense they are replaced.

Government Decree No. 491 of August 13, 2006 determined the composition of property that is considered common. According to this regulatory act, the common property of an in-house heating system includes:

• risers;
• heating elements;
• control and shut-off valves;
• collective heat metering devices;
• other equipment located on these networks.

However, when the need arises to change the batteries in an apartment (especially in a privatized one), both the owner and the management company interpret the legislation in their own interests. Due to regular judicial appeals, the need arose to clarify the normative act.

To clarify the controversial situations, the Ministry of Regional Development of the Russian Federation sent letter No. 6037-RM/07 dated April 4, 2007, in which batteries in apartments are recognized as included in the common property of the building. Of course, it is not in the interests of the management company to convey this information to the owners of privatized apartments. Therefore, homeowners are often forced to replace the battery in their apartment at their own expense.

Since batteries in an apartment are recognized as the common property of an apartment building, financial responsibility for their replacement or repair falls on the management organization. But there is one nuance here too.

If there is a tap on the branch from the riser of the common house system, with which you can turn off the system in the apartment, then battery maintenance becomes the responsibility of the owner.

In all other cases (it doesn’t matter whether your apartment is municipal or privatized), repairs and replacement of heating equipment are carried out at the expense of the management company. Payment comes from the accounting item “Routine repairs and maintenance of the house.”

Simply put, if your battery is leaking, the management company will replace it. You need to call a specialist, and he is obliged to replace the device free of charge.

It would seem nothing complicated. But in practice, things often happen differently. The management company's employees may say that they do not have a replacement battery. They may offer to repair the old device or install plugs and ask you to wait. This wait usually drags on. Therefore, the owner cannot stand it and purchases a battery at his own expense, because no one wants to freeze in the cold season.

If you nevertheless changed the battery in the apartment at your own expense, you have the right to demand compensation from the management company through the court. However, practice shows that such disputes are rarely resolved in favor of the owner. If you find yourself in this situation, it is advisable to contact a lawyer for professional help.

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What should an owner or tenant do under a social tenancy agreement if the batteries in the apartment are in working order, but are obsolete? In this case, you can replace them only at your own expense, since the management company is not obliged to do this.

This is where difficulties arise. Since the battery in your apartment is a common property, the tenant’s ability to replace it himself is limited by law.

In accordance with Art. 44 and art. 46 of the Housing Code of the Russian Federation, the battery, being part of the common property, can be replaced only with the consent of all owners at the meeting.

If you ignore this fact, replacing the battery in the apartment will be regarded as unauthorized disposal of common property, which entails certain liability for the violator. For example, if an emergency occurs, the owner who has unauthorizedly replaced the batteries will eliminate the consequences of the emergency at his own expense. What to do?

The first thing you need to do before replacing the battery in your apartment is to coordinate such actions with the management company.

1. If the radiators are replaced with similar ones, it is enough to notify the management company. No additional approvals will be required.
2. If the batteries are replaced with heating devices that imply a change in configuration or an increase in the heating area, then in addition to notifying the management company, an examination will be required. In some cases, installing new radiators has a negative impact on the heat balance of the house. An expert will be able to determine the possibility of installation. The examination is carried out at the expense of the apartment owner.
3. If you plan to move heating equipment, you will also need an expert opinion.

Who changes the batteries in the apartment? The owner can do this himself, contact a third-party company, or call a specialist from the management company. It is recommended to contact a “local” specialist. This way, in the event of an accident that results in damage to other residents, you cannot be blamed for incorrect installation. Accordingly, financial liability for emergency consequences will not overtake you.

The owner must replace heating appliances that are working normally.

Typical questions

The housing office is obliged to replace outdated batteries at its own expense. The management company bears the main responsibility for the proper maintenance of common house equipment. Let's find out what the penalty is if you refuse to change the battery? Are there any benefits? Does the law allow you to receive compensation from the management company when replacing heating devices at your own expense?

Replacing a radiator: responsibility in case of failure

When an application, certified by a notary, has already been drawn up with a requirement for a replacement, but the housing office does not react in any way, then it is necessary to demand a written refusal from the management of the management company. Having a notarized application and a written refusal in hand, you can safely go to court.

Note! According to Art. No. 35 of the Procedural Code of the Russian Federation, the applicant must send a claim to the magistrate’s court if its value is less than 50,000 rubles. If the price is higher, then a claim should be filed in the name of the arbitration court at the place of registration of the management company.

Are there subsidies?

There are categories of citizens entitled to receive subsidies when replacing batteries:

1. Families raising more than three minors.
2. Persons with disabilities of groups 1 and 2.
3. Persons of retirement age.
4. Labor veterans.
5. Home front workers.

Is it possible to replace batteries at your own expense, with subsequent compensation from the management company?

If the owner of a home replaces the batteries in an apartment at his own expense, and at the same time, according to the law, the heating system is a property adjacent to the house, then by changing the radiators on his own, the owner improves the common property.

A management company is a hired organization that maintains common property. Therefore, relationships with utility companies must be contractual in nature. Notify the utility company that you are replacing heating appliances.

Note! If, following the clauses of the agreement, the housing office is obliged to replace the radiators at its own expense, and the owner of the property receives a written refusal to do so, then he has the right to demand that the utilities pay for the heating devices and the work required to install them.

If such a condition is specified in the contract with the housing office, and it refuses, then the court sides with the plaintiff, awarding compensation.

Replacing heating batteries in an apartment: do it yourself or through the housing office

For example, according to the provisions of the Housing Code of the Russian Federation, walls, roofs and transit communications (including batteries) are common property. This means that financial responsibility for their condition falls on the shoulders of the management company servicing the house.

By defining a heating radiator as common property, the law limits the ability of a tenant or apartment owner to independently replace radiators. This creates many obstacles in the path of a person who decides to replace the radiator in an apartment without the help of a management company.

Summary

It is important to understand: batteries are public property, so utility companies are responsible for them. When replacing radiators, the status of the apartment (private/public) should be taken into account.

If you decide to do this on your own, then you need to write an application addressed to the utility workers (written in free form) and invite workers. Utilities will not replace batteries free of charge if they have shut-off valves at the border when the pipes enter the apartment.

All “relationships” with the housing office must be registered and recorded in order to have arguments and evidence when drawing up a lawsuit.

Are new heating devices included in the registration certificate of the premises?

To install an additional heating element or modify an existing radiator, you must coordinate your actions with the HOA. It often considers such a process as re-equipment, which should be noted in the technical passport of the premises.

HOA work

Many HOA chairmen believe that a new heating device or its modification is a reason to enter data about this into the technical passport. They classify actions to replace or complicate radiators as a procedure for refurbishing the premises, which requires coordination with the relevant authorities.

But this point of view is erroneous, since the technical passport does not require indicating heating devices; it does not contain information about the location and availability of their quantity. Only a heat source is prescribed, for example, a thermal power plant. Consequently, homeowners cannot be forced to restore the premises to their original condition, as is the case with reconstruction. But you need to notify the Criminal Code of your actions.

Notifying the service company when replacing radiators

The simplest situation is considered to be when old radiators are replaced with new ones of the same type. But the rest of the work must go through examination. She will confirm that the installation of radiators will not negatively affect the overall heat balance. After receiving recommendations, you can begin work. Expertise is required for the following actions:

• moving the battery to another location;
• installing a new type of radiator;
• Battery configuration changes.

Examination of failed radiators