Who is responsible for major repairs of the balcony and what are the responsibilities of the apartment owner

Determining the category of property

Difficulties in determining responsibility arise due to the fact that, in essence, a balcony belongs to both individual and community property. Thus, a concrete slab is common property (RF RF No. 491 dated August 13, 2006, part I, clause 2). Therefore, the management company is responsible for the safety of this structural element of the building, as well as for its repair.

The management company is also responsible for the proper condition of the roofing over balconies and loggias on the top floors of houses.

But the owner must take care of the glazing elements, doors, and awnings. Therefore, the work of painting, replacing double-glazed windows or flooring is done by the owner of the apartment at his own expense.

Attention: if the apartment building has balconies that have a single fence or doors with access to a common balcony, then they are also common property, and the management company must repair them.

Self-repair as a solution to the problem

In some cases, in order not to wait for a response from utility services, you can try to independently repair an emergency balcony.

In this case, it will also be possible to return the money spent if you collect all the receipts confirming the expenses and then provide them to the utility companies. As a rule, refunds are made by deducting funds from the rent payment.

The ability to solve the problem on your own will significantly reduce the time it takes to repair a balcony slab, fence or gutters.

Algorithm for solving the problem yourself:

1. Request for project development to a licensed company;
2. Calling a designer to draw up a plan for the necessary work;
3. Get a finished project;
4. Calculate the quantity of materials and draw up an estimate for their purchase;
5. Hire specialists, which will make it easier for you to repair the loggia, as well as delegate responsibility if force majeure circumstances arise during the repair.

What types of work may be required:

• Restoring the integrity of the base;
• Strengthening the slab;
• Sealing of seams;
• Sealing cracks and cracks;
• Strengthening fencing structural elements.

Who should repair a balcony in a privatized apartment

The management company carries out current or major repairs, strengthening the balcony slab. Eliminates causes that may contribute to its further destruction (for example, restores gutters).

And the owner has responsibilities to ensure the proper condition of individual property:

• insulation of openings;
• waterproofing parapets;
• treatment of metal structures with anti-corrosion compounds or paint;
• protecting the concrete slab from moisture - laying flooring

Also, the owner is required not to litter the balcony, not to place large or heavy objects for storage, so as not to create additional load on the load-bearing elements. Unauthorized modifications to the design and installation of canopies are prohibited. For example, if snow falls from a makeshift roof onto a car parked below, then the owner of the apartment will compensate for the damage.

In what cases can you repair a balcony slab yourself?

1. If there are small cracks and depressions on the slab, you can repair them yourself using cement-sand mortar. It is prepared in a ratio of 1:3, where 1 is part of cement and 3 is part of sand.
2. To prevent further destruction of this supporting structure, waterproofing should be installed. It is performed using rubber-bitumen or bitumen mastic, roofing felt or other waterproofing materials.
3. If the slab is destroyed to such an extent that the reinforcement is visible, you need to remove the crumbled concrete and fill the cracks and potholes with cement mortar.

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Repair of emergency balconies in municipal apartments

The division of property into common and individual property here follows the same principle, only the municipality (landlord) acts as the owner of the residential premises.

It turns out that the repair of concrete slabs is carried out by the management organization. And bringing railings, parapets, and canopies into proper condition is the direct responsibility of the municipality (Article 65 of the Housing Code of the Russian Federation).

The tenant can make repairs at his own expense, but at the same time has the right to demand a reduction in the amount of rent (use of residential premises, ODI). Or reimburse the cost of expenses incurred as a result of improper performance by the landlord of his duties (Article 66 of the Housing Code of the Russian Federation, clause 2).

What to do with an emergency balcony?

If you find signs of damage on your balcony, you should immediately notify your area's housing office in writing. The application must be certified by a representative of the utility service and endorsed in the appropriate registration register. It would be a good idea to make a copy of it.

To confirm the complaint, you can take several photographs in which traces of destruction are clearly visible, and also ask your neighbors to sign a written description of the condition of the balcony - they will not be against this, since the problem may also affect their property.

Traces of destruction of the balcony slab

The emergency condition of the balcony is determined by the following criteria:

• Deep cracks along the connection between the slab and the load-bearing wall;
• Delamination of concrete from the underside of the slab, exposing internal sections of reinforcement;
• Looseness on the upper side of the slab, washed out by water;
• Partial collapse of slab edges.

After these steps, there are two options for what to do next. You can reach an agreement with the utility companies and offer them, on their part, to do the repairs themselves, and on their part, include the cost of the work and materials used in the rent bill. Or you can wait until the municipal institution itself takes on the repair of your balcony, and if it doesn’t, go to higher authorities and seek a solution to the issue through the court. We advise, if it is within your power, to do the repairs yourself - it will be faster and with less emotional loss. Discuss with the utility company what types of work will be included in the rent recalculation and what construction materials they are willing to pay for. If controversial issues arise, ask the on-site manager to draw up a work estimate.

Who is responsible for fencing repairs?

It all depends on what floor the balcony is located on. For example, structures on the top floors of a building are classified as common property. Accordingly, the management organization is responsible for their condition and safety.

In other cases, replacement of canopies and canopies is carried out by the owners at their own expense.

Important: there are cases when residents of the lower floors at a meeting of owners raise the issue of excluding the roof over the loggias from the common property. This is illegal, therefore, regardless of the residents’ decision, the repairs are carried out by the management company.

Is the balcony the property of the apartment owner?

The question of responsibility for repairing a balcony in an apartment building arose immediately after the start of the privatization of residential premises, since there is no uniform approach to the question of whether a balcony is the property of the apartment owner.

Over the past years, this issue not only has not lost its relevance, but has also become more acute due to the increased dilapidation of the housing stock.

Let's try to figure it out.

By right of common shared ownership, the owners of premises in an apartment building own the common property of the house, including the enclosing load-bearing and non-load-bearing structures of the house ().

such property includes enclosing load-bearing and non-load-bearing structures, but designed as common property of multi-unit apartment buildings (including foundations, load-bearing walls, floor slabs, balcony and other slabs, load-bearing columns and other enclosing load-bearing structures, gutters and overhangs on pitched roll roofs with external drainage , snow canopies on all types of roofs, snow canopies for balconies and canopies).

Based on this formulation, the common shared property of the apartment building includes the balcony slab and the wall to which it adjoins, awnings and canopies over the balconies of the upper floors; and the property of the apartment owner - the remaining structural parts of the balcony, such as:

• self-installed visors,
• glazing designs,
• doors (from the apartment to the balcony).

Responsibilities of the management company

They are regulated by the Decree of the State Construction Committee on the rules of operation of the housing stock (No. 170 of March 27, 2003):

1. Conduct scheduled inspections of buildings, identify violations, and explain the rules for the use of common property.
2. Participate in general meetings of owners, explain who should repair the balcony and in what cases. In the future, this will eliminate disputes and conflicts between residents and representatives of the management organization.
3. Monitor the condition of balcony slabs. A scheduled inspection is carried out at least 2 times a year. In spring and autumn (before the heating season begins). Minor defects - cracks, destruction of the concrete layer must be corrected in a timely manner to prevent further destruction of the balcony slab.
4. If significant deformations, crumbling of concrete pavement, or exposure of reinforcement mesh are detected, employees of the management company must draw up a report. The document indicates the degree of damage and possible causes. Depending on the degree of deformation, a decision is made to carry out major repairs. The document indicates the degree of damage and possible causes.
5. Draw up a plan indicating the timing, preliminary volumes and cost of work.

Residents themselves can also contact the management organization with requests to repair emergency balconies.

Balcony repair: at whose expense?

It is dangerous not only to go out onto such a balcony, but also to walk under it. Photo from the site www.l34.news

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In the previous issue of “Housing and Communal Services Reception” (“Grani”, No. 80, October 26), we talked about what the owner faces from unauthorized redevelopment of a balcony. We decided to continue the conversation about such a constructive element as a balcony. And the topic was suggested by the townsman Victor (let’s call him that). Some houses in Novocheboksarsk are the same age as the city. They are falling into disrepair. Victor lives in one of them. He is interested in who should repair the balcony slab (floor) and at whose expense?

The management company is responsible. The common property includes a load-bearing wall and a balcony slab - the balcony floor. It is recognized as the enclosing structure of an apartment building and is under the jurisdiction of the building management organization, which is responsible for the maintenance and repair of the common property of the apartment building. The owner is responsible for the remaining parts of the balcony - the canopy, roof, parapet, and glazing. The work performed for the proper maintenance of balconies is included in the minimum list of works and services approved by Decree of the Government of the Russian Federation No. 290. The list includes, among other things, the identification of violations and performance qualities of the balcony slab. The management company must determine the condition and, if necessary, plan repairs of balcony slabs during scheduled inspections. Inspections of the condition of the structural elements of the house should be carried out at least twice a year - in spring and autumn. Also, the management company is obliged to check the correct use of balconies by residents of the house, to prevent the placement of bulky and heavy things on the balconies, clutter and pollution.

What are the actions of the management company? Inspection of the balcony can be carried out not only according to the plan of the management organization, but also at the request of the owner or tenant of the premises in the house. If, during inspection of the balcony, the management office finds signs of damage, then it is obliged to take urgent measures and ensure the safety of people. Balcony repairs are always paid for by the owners of premises in an apartment building, who bear the burden of maintaining the common property. If current repairs are required, then the source of its financing is the funds that the residents of the house pay monthly to the MA for the maintenance and repair of the common property of the house. If the damage is significant and major repairs are required, then the issue is brought to the general meeting of owners (GMS) of the premises in the apartment building. Despite the fact that current repairs, like major repairs, fall within the competence of the general meeting of owners, the absence of a decision of the general meeting of owners to carry out such work is not a reason for the management company not to carry them out. She must carry out routine repairs to the balcony slab without waiting for the decision of the meeting.

Cases from life The owner lived in a house that required major repairs, but was not included in the regional program. He demanded that the management company restore the balcony. The management company refused, citing the fact that the balcony slab required major repairs. He was advised to initiate an OSS. The State Housing Inspectorate, where the owner applied, found that the balcony slab had minor damage, therefore, its repair should be carried out against the funds contributed by the residents of the house for the maintenance and repair of the common property of the apartment building. And even after this, the Criminal Code did not fulfill its duties. Then the owner filed a lawsuit. As of the date of consideration of the case, the house was not included in the regional program for major repairs. The court focused on the fact that the balcony slab is located above the sidewalk and creates a danger to the life and health of people. The organization managing the house is obliged to take measures in such a situation. The court issued just such a verdict.

Dismantle without the owner's consent Another case. A citizen purchased an apartment in an apartment building and noticed that, contrary to the cadastral passport, the premises did not have a balcony. The former owner of the apartment explained that the balcony was dismantled in his absence. It turned out that the balcony slab was in disrepair, which is confirmed by the inspection report. To avoid the slab falling, it was decided to dismantle it. And the new owner demanded that the destroyed balcony be restored. The management company refused, arguing that there was no decision of the general meeting of owners of premises in the house to carry out major repairs. The matter went to trial. It turned out that the wear of the structural elements was over 50%; they were not subject to repair or restoration. To prevent the balcony slab from falling, it was dismantled. The work was carried out in the absence of the owner of the apartment, since no one lived in it for a long time. Restoring the balcony, as the court pointed out, refers to a major overhaul of the common property of an apartment building. Therefore, the court advised the apartment owner to initiate a general meeting of owners to make a decision on the restoration of the balcony slab at the expense of capital repairs.

IT IS IMPORTANT TO KNOW

The management organization should not ignore complaints from residents of the building about the condition of the balconies: if the structure collapses due to wear and tear on the balcony slab, the management organization and its officials will bear responsibility for this.

Who will be responsible if the balcony collapses?

In the event of a collapse of a balcony slab or part of it, the head of the management company will bear responsibility for the consequences.

Provided that:

1. The management organization did not respond in a timely manner to the owners’ demands for repairs.
2. It will be proven that the collapse occurred as a result of poor quality repairs.

And also if the owner did not make unauthorized changes to the design. Therefore, if you plan to glaze a balcony, especially in an old house, then it is advisable to first conduct a construction examination.

Application for repairs, how to submit and sample

An application for the repair of emergency balconies can be a real challenge for inexperienced people. Here it is important to correctly indicate all the data and argue for the need to restore the balcony slab or ceiling.

If the emergency condition of the balcony was discovered by the new owners of the apartment after the purchase, there will be a greater chance of achieving scheduled repairs. If the application was brought by residents who have lived and owned this property for a long time, they may have to compensate part of the costs themselves, if the deplorable condition of the premises was not reported earlier.

The emergency condition of the balcony threatens not only homeowners, but also other people. Every year, several deaths associated with the collapse of a balcony slab are recorded. This can be avoided by carrying out preventive maintenance or complete restoration of the floor slabs.

Who should repair a collapsing balcony slab, as well as the procedure for interacting with representatives of the management company - all the necessary information is presented in our article.

Where to go if the balcony is in disrepair

After the general meeting, apartment owners contact the management organization with a request to conduct an inspection and eliminate existing defects.

Tenants living in an apartment building on social rental terms must send an application to the municipality or local administration.

Serious damage to the balcony slab requiring major repairs is considered to be:

• destruction of the concrete layer, visible cracks;
• hidden defects associated with tension of reinforcement;
• visible corrosion of metal supporting structures
• collapse of the slab along the edges of the balcony;
• the fence (railings, parapet) is partially or completely destroyed;
• destruction exceeding 30% along the depth of the slab.

There may be several reasons for the destruction of the concrete layer. This is also a time factor, the use of low-quality building materials, improperly constructed or missing drainage.

Current repairs are carried out when cracks and chips are detected on the surface of the slab or load-bearing wall.

Signs of emergency

The greatest threat to human health and life comes from damage directly affecting the balcony slab and railings.

Measures to put it in order must be taken urgently if the following defects are visually detected:

• There are large cracks in the adjacent seam;
• On the outside of the base, areas dilapidated by moisture are clearly visible; due to the impact of natural precipitation on the concrete, the balcony is leaking;
• Loose fencing;
• The cornice and handrails have become unusable or collapsed;
• There is a “flight” of metal reinforcement bars from concrete, with traces of corrosion;
• Fallout of large pieces of concrete along the edge of the slab;
• Destruction of drainage drains, since this is the most common cause of these destructions, due to the flow of rain or melt water not along the eaves, but over the ceilings,
• Broken or dilapidated waterproofing.

Also read on our website: Balcony door repair: troubleshooting options, solutions

Over time, any structure tends to collapse, but the quality of building materials, the correct technology for installing and assembling all elements play a big role here.

A construction expert assesses the extent of the damage. Without recognition of the emergency condition of the balcony slab, one cannot count on major repairs from the management organization.

How to write an application correctly

You can contact the management organization in person with an oral request, but later (when contacting higher authorities) it will be difficult to prove the fact of the request. Therefore, it is better to make a statement in writing.

There is no set form, but the document must contain:

1. Full name (full name) of the applicant, residential address.
2. Full name, position of the head of the management company, address of the organization's location.
3. Name – “statement”, “complaint”.
4. Briefly - the reason for the request, specific requirements and timing of repair work. You can support the requirements with references to regulations and clauses of the agreement with the management organization.
5. A request to recognize the structure as unsafe, threatening the property, life and health of both the owner and third parties (neighbors, passers-by).
6. It is also worth stating a request to notify the applicant about the resolution of the issue in writing. In the future, if the management organization does not take any measures, such evidence of inaction will become evidence when going to court.
7. Attach photo, video evidence, results of a survey of residents of the house (if conducted). As well as the results of an independent construction examination. It is carried out at the expense of the owners, but if the management company’s guilt is proven in court, the costs will be compensated by the management organization.
8. Date of compilation, signature of the applicant.

It is better to send documents by registered mail with notification and a list of attachments.

Advice: if you submit a written application directly to the management company office, prepare 2 copies. Keep one with a note about document registration for yourself.

The problem is that correspondence with the management company can take a long time. The management organization may refer to the lack of money for special services. account, unfavorable weather conditions, and in fact, refuse to fulfill obligations.

Important: The management company has the right to block residents’ access to the balcony, which is in disrepair until the completion of repair work.

Therefore, if the balcony slab really has serious defects, cracks and is in danger of collapsing at any moment, it is better to repair the balcony yourself. And then demand compensation for the expenses incurred from the management company in court. To confirm costs, you must provide cash receipts, a contract and certificates of work performed from the contractor.

Why is the balcony on the top floor leaking?

The specialist will be able to determine the exact cause by examining the “patient”. Only after this does it make sense to decide how to deal with the problem with minimal losses. Let’s immediately clarify that making a “diagnosis” yourself is more expensive for yourself. If you don’t have a lot of money, you can try to “catch” a specialist from the housing office (RZHU, TOS, UK - underline what is necessary). They say some people are lucky. Alternatively, invite an independent expert from a commercial company or a friend who is knowledgeable about the topic. But, we repeat, no initiative. As Professor Preobrazhensky, the hero of Mikhail Bulgakov’s story “The Heart of a Dog,” said: “let them sing at the Bolshoi, but I will operate.” Wise words, by the way.

The most common reasons why a balcony roof is leaking

• Cracks on the visor
  . One of the most conventionally harmless options. But here it is important to make sure that it is “one and only”, since if there is a crack, there is a possibility that water dripping for months has already undermined the concrete slab or the metal fastening of the railing.
• Extreme degree of wear of the waterproofing layer
  . Most often this is found in old, still Brezhnev and Stalin, houses. But there are cases when the protective coating flies due to its poor installation, or it has simply exhausted its resource (we say “thank you” to the valiant Chinese manufacturers).
• Errors when installing or repairing a balcony
  . It happens that craftsmen screw up, but most often one has to blame one’s own greed for the problem (the work was done on one’s own or with the help of random specialists).
• Incorrectly installed low tide
  . If the roof is leaking for this reason, then consider yourself lucky: the costs will be minimal. Just do yourself a favor: don’t step on the same rake and entrust the repairs to professionals.
• The junction of the canopy and the load-bearing wall is not sufficiently protected or damaged (the waterproofing is broken).
• Reverse slope of the visor
  . This provokes stagnation of water with all the ensuing (literally and figuratively!) consequences.