Who should repair an emergency balcony?
Every owner of an unusable balcony should know that this part of the apartment is an indispensable part of the common property. Moreover, a fixed amount is paid to the management company (MC) monthly for its maintenance. Therefore, repair work to strengthen load-bearing walls and main structures must be carried out by representatives of the management company, in accordance with the legislation of the Russian Federation.
But homeowners are required to independently monitor balcony parapets and other adjacent structures.
And in order to obtain the necessary repair work from representatives of the housing department or management company, the owner will have to prove that the balcony structure is in disrepair.
In order for utilities to carry out the necessary repairs, a properly completed application will be required. This document specifies the basic requirements for company representatives. It is recommended that signatures of neighbors and photographs of the property be attached to the application. All this documentation will be needed to recognize the balcony structure as emergency.
Legal side
The management company is responsible for the common property of an apartment building.
The technical parameters of balconies and loggias place them among the structures and elements classified as the common property of the owners of an apartment building. Its maintenance is carried out by a management company based on an agreement with the property owners.
She bears contractual responsibility to the property owners for maintaining the property in proper order, and in addition, administrative and criminal liability for failure to take measures and failure to fulfill her obligations if a complaint to the management company about the alarming state of structural elements was ignored.
The relationship between apartment owners and service companies is regulated by Decrees of the Government of the Russian Federation No. 170 of September 27, 2003, No. 491 of August 13, 2006 and the provisions included in the Housing Code, for example, Articles 138, 161, 162, 168. About where the border between the common building property and property of the owner, watch in this video:
Thus, the organization that ensures the operation of the house is obliged to accept the application from the resident and promptly and within the established time frame carry out measures to assess the condition of the structures indicated in it and restore normal functioning.
Legislation on the repair of emergency structures
According to the Housing Code, balcony slabs are considered common property. In Government Decree No. 491, 2006. the owner of the apartment does not own the main supporting structures. These include floor slabs, foundations or balcony slabs, as well as enclosing structures that are load-bearing and serve several premises (residential or non-residential). Such structures usually include parapets or railings.
That is, common property in multi-storey buildings is considered to be:
- Directly balcony slabs, which are load-bearing structures (in the Rules, paragraph 2, paragraph “c”).
- Windows or balcony doors through which the room is entered. In addition, corridors or staircases can be non-load-bearing fencing.
- Balcony railings, which are necessary for general use, should also be considered common use. These non-load-bearing structures are intended to serve several residential or non-residential premises (in the Rules, paragraph 2, paragraph “d”).
When choosing the person responsible for carrying out repair work on the balcony, the decisive factor will be to determine which part of the structure is in emergency condition and who is its owner.
In the Rules pp. 13 and 14 for common property provide for consideration of the issue of reconstruction of an emergency structure on the basis of an inspection report. After which, a decision is made to carry out repair work by voting.
The roof of the upper floor balcony is leaking: what to do?
/ / / / / / / / / / / People from different regions often contact our company to consult on the renovation of residential buildings.
Answer: By Decree of the Government of the Russian Federation No. 491 of August 13, 2006, the Rules for maintaining property in an apartment building were approved. As these Rules say, the foundation,
The roof is leaking, the balcony and entrance canopy are being destroyed in an apartment building: what to do?
Many residents of apartment buildings are worried and disturbed by collapsing balconies and porch canopies and leaking roofs.
Meanwhile, all these factors indicate poor quality work of public utilities. Restoring the roofing is a direct responsibility. We will try to help you with advice on how to deal with poorly provided services or their complete absence.
Residents of the top floors of almost every apartment building faced the problem of roof leaks. It's no secret that very often roofs wear out over time or are destroyed due to weather conditions typical of our climate. And housing department employees do not take any measures to eliminate these shortcomings in a timely manner.
When the condition of the balcony is determined to be emergency
Some owners of balconies that have fallen into disrepair negotiate with utility companies so that the craftsmen make the necessary repairs. At the same time, the cost of all work and materials is included in the apartment owner’s rent.
A balcony room is considered emergency if:
- There are deep cracks located along the junction of the load-bearing wall and the slab.
- There are noticeable delaminations of concrete in the lower part of the slab, which expose areas of reinforcement.
- Due to water washout, looseness appears in the upper parts of the slab.
- When there are partial collapses of a structure.
Another option for solving this problem would be to wait patiently for the moment when the utility company begins repair work on its own. But sometimes the wait can be very long, and owners of unsuitable structures are forced to appeal to higher authorities or even resolve this issue through the courts.
To help residents, today a special project has been created by ROSZHKH, which is fighting the inaction of utility workers.
The owner of the emergency structure will be able to submit an application describing the problem and be sure that the complaint will go to the State Housing Inspectorate. If the problem is confirmed, the management company will not be able to avoid a fine and is guaranteed to fix the problem.
The balcony above is leaking from the neighbors - what to do?
Questions and answers » Problems
The canopy is the most unprotected part of the balcony. Rain and snow fall on it, and moisture seeps into all the small cracks. Mold appears in the cracks, the wind blows into them, the reinforcement is damaged by corrosion, and the holes gradually become larger.
After a while, wet spots appear on the ceiling, with each heavy rain they become more and more, and this is a signal that repairs need to be done. Troubles that can arise from a balcony leak When a balcony develops a leak, it becomes almost unusable.
If in dry weather the leak only reminds of itself as traces left by the water, then during rain or melting snow it is impossible to dry clothes on it, the things stored on it become wet and become unusable.
How to write an application for balcony repair: sample document
An application is an official written document intended to be submitted to the government agency or other institution where the request will be reflected. It is important that the main objective of this document is not a complaint or a demand, but the desire to realize the interests and rights of the applicant. Thanks to a correctly drawn up application, it is often possible to eliminate shortcomings in the activities of the institution.
Applications may be oral or written. But only written ones have legal force. Any such documentation is created according to a template, although you should be aware that there is no specific standard in its writing.
But a person must take care to preserve the structure of the document:
- A cap . In this part, you should indicate at the top (right corner) the details of the addressee and addressee.
- Heading . In the center you need to write the word “statement” or “complaint”.
- Main text . The appeal is written on one’s own behalf (“I, full name”), then the residential address is indicated, and after that there is an exact statement of the purpose of writing the document. In this part, the applicant should indicate his requirements for carrying out repair work for an unsuitable structure.
- The final part of the application is characterized by a description of the request to recognize the structure as unsafe, which threatens people's lives. We also ask you to notify the applicant of the measures taken.
- The date and signature are the last parts of the application.
A correctly formatted letter of request for balcony repairs must be sent to the management commission. The applicant should take care to prepare two copies of the document (one remains with the owner). After submitting such a document to the director of the responsible organization, all that remains is to wait for the measures taken to carry out high-quality repairs of the facility. To resolve controversial issues, if the requirements listed by the applicant are not met, he can file a lawsuit in court.
Procedure for balcony leaks
Balconies often experience leaks due to rain and snow. If the neighbors above do not have a glazed balcony, then rain and snow falling into their similar room can seep through the ceiling into the apartment below. What to do if the balcony is leaking from above or from the side walls?
In this article we will look at what causes leaks, how to deal with them, and who should carry out balcony repairs.
The roof of the balcony on the top floor must be repaired by the management company. If the balcony on the top floor is leaking, we write a statement to the housing and communal services, they are obliged to either carry out the repair work on their own, or reimburse the amount spent on repairs to the owner of the apartment. Housing and communal services will carry out repairs on their own if the balcony is in disrepair. In other cases (if the apartment is not on the top floor), it will be necessary to carry out sealing repairs at your own expense, with the involvement of specialists from a construction company or with your own hands.
Repair of an emergency balcony (video)
A collapsing balcony becomes a real problem not only for the apartment owner, but also poses a danger to the lives of others. If the emergency structure is common property, the owner of the apartment has the right to submit an application to the management commission. This document must be properly formatted, with a detailed description of the problem. It is recommended that the signatures of the residents of the house be attached to the application.
In conclusion, we note that if the management company fails to carry out the necessary repair work on the balcony, the applicant has the right to demand reconstruction of the structure through the court.
Comments
+1 Julia 06/11/2018 11:37 There was a problem with the balcony - after the rainy season, a piece of the balcony fell through, fortunately it didn’t kill anyone.
They were afraid to go out, so they went to the Criminal Code, where at first they shrugged, then they called someone and sent them a paper. They filled it up and thought they would fix it. They arrived and simply destroyed the floor of the balcony! They said that they should install the new one only themselves. Should I contact the Criminal Code again? Or will you really have to do it yourself? Quote +15 Konstantin Egorov 07/09/2016 21:36 There was a problem with the balcony - after the rainy season, a piece of the balcony fell through, fortunately it didn’t kill anyone. They were afraid to go out, so they went to the Criminal Code, where at first they shrugged, then they called someone and sent them a paper. They filled it up and thought they would fix it. They arrived and simply destroyed the floor of the balcony! They said that they should install the new one only themselves. Should I contact the Criminal Code again? Or will you really have to do it yourself?
Quote
Update list of comments
Interaction with housing office
Be sure to register the application in the journal of incoming documents and put a stamp on your copy.
When drawing up an application for the repair of a balcony slab or loggia, you should provide information about yourself as the owner or user of the property, along with the contact information necessary for further interaction with the employees of the management company:
- name of the institution;
- the official to whom the application is addressed;
- surname, name, patronymic of the applicant;
- home address;
- contact telephone number.
If an accident occurs with a balcony slab, the housing office must immediately respond.
Next, the essence of the problem is stated, indicating the emergency condition of the load-bearing structures of the balcony or loggia.
The statement is a sufficient basis for urgent measures to be taken by the operating organization and will allow the timing of the elimination of deficiencies to be kept under control.
The form of problem description can be free without articulating technical details. An assessment of the scale and complexity of defects is carried out by enterprise specialists or external experts acting on its behalf.
Make sure that the application for balcony repair is registered in the journal of incoming documents, assigning a registration number and recording the date of submission. From this moment the time frame for responding to your request begins.
If it is not possible to personally visit the organization’s office, the completed application form can be sent by registered mail, in which case the period for processing your complaint will be counted from the date of acceptance of the correspondence.
Before the expiration of 30 days, the management company is obliged to provide an order containing an assessment of the defects and the period during which they will be eliminated.
The legislation allots one and a half months for this, although by mutual agreement the deadlines can be changed in one direction or another.
The roof is leaking in an apartment building
/ / / / / / / / / / / / / Question: “There was a hole in the roof through which water came in when it rained.
The leak damaged not only the ceiling, but also the walls. Should the entire room be repaired or just the part where the leaks are clearly visible? There was stucco on the ceiling from Soviet times, it was also damaged as a result of a leak from the roof, should I have it restored?” Every year, residents of the top floors are faced with a difficult issue - after rain or during the period when the snow melts, a leak forms from the roof.
Unfortunately, not all victims are aware of their rights and decide to seek compensation from the management office for damage that was caused to their property. How can the law protect ordinary people and achieve justice? Articles 36 and 162 of the Housing Code of the Russian Federation and the Rules for the maintenance of collective real estate of a multi-storey building oblige the management office to carry out repairs to the house under their care, as well as to repair the roof.
