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).
What to do if your apartment is flooded by 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.
What to do if the apartment is flooded due to the fault of the management company?
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.
A pipe burst and flooded the apartment, what should I do?
The tap on the riser broke, who is to blame?
Contents You will have to compensate your neighbors for losses, unfortunately this is the practice, if you think that the management company is to blame, you can then sue the management company.
What does the Criminal Code have to do with it? It is your responsibility to keep YOUR mixer in such a condition that it does not lead to such situations.
Or turn off the water before the trip.
Ksenia, but according to the law, this is a common house faucet - a passer-by, incorrectly, the mixer is intended to serve only this apartment. In addition, the first locking device is a ball valve, which is usually placed in front of the meter.
Well, the radiators inside the apartment heat only this apartment, but according to the law, this is the common property of a passer-by, the faucet is not common property. Ksenia, according to Ch. 59 part 2 of the Civil Code of the Russian Federation, the tap on the drain tank is not a source of increased danger and I am not obliged to monitor its condition.
Moreover, those who claim that you are to blame for the faucet rupture must prove it. Those. provide facts confirming that I hit the tap with a hammer, tried to turn it off, doused it with acid, or, at worst, went down to the basement and from there manipulated the taps in order to cause a water hammer. And by the act of the exploiting company, which, as usual, reflects the fact of destruction without analyzing its causes, you can safely wipe your ass - it does not prove anything.
Another misconception. You are the owner of the apartment and are obliged to maintain (bear the burden of maintaining) your property yourself, including being responsible for the maintenance of the engineering equipment of your apartment. How smart you are Well, go to court then Maybe after the court’s decision you’ll understand something. Help dispel doubts. In the evening, a pipe in the riser in the bathroom burst, not the valve, but the main pipe itself.
Accordingly, there is no way to block it in the apartment, only in the basement of the house itself. While they were looking for locksmiths, the person in charge of the house flooded the apartment below us from a hot riser.
And on the same day they changed the pipe along the hot riser in the basement and the water pressure was very weak. Could this have had an impact? The threads of the pipe are all rotten, the housing office says - this is your fault, sort it out with your neighbors yourself.
Mayevsky's tap was torn off. The house management is blaming us. How to prove your innocence
On February 27, Mayevsky’s tap broke in the apartment, all apartments from the 9th to the 1st floor were flooded. There was a daughter at home, she was sleeping and woke up to water gushing from the pipe. She tried to plug it with a sweater, to no avail. Then she ran around the apartments to look for help and at the same time looked for the emergency number on her phone. She called a plumber, while she and her neighbor were waiting and tried to put back the faucet that was lying on the floor. They didn’t succeed because...
the pressure was high. The plumber arrived 20 minutes later, changed the faucet, and took away the old one without saying anything. the house management accused us of twisting the faucet ourselves. Later, a commission came and drew up an act in which it was stated only that the faucet was lying nearby, when I came and asked for a copy of the act, they did not give it to me, saying that they would write, whatever the boss says. I asked to return the faucet so that I could submit it for examination myself, but they refused. The next day I wrote a statement so that they would give me a copy of the act and return the tap. So far there is silence.
Neighbors of flooded apartments contacted the building management, where they were told that it was our fault. How to prove our innocence?
I live in an apartment with children, I work as a kindergarten teacher. garden and I don’t even have the opportunity to make repairs on my own, let alone compensate for all the damage.
Help me please! 05 March 2021, 14:04, question No. 1926709 Elena, Pskov 700 cost of the question question resolved Collapse Legal consultation online Response on the site within 15 minutes Answers from lawyers (7) fee received 34% 8.9 Rating Pravoved.ru 4610 answers 2183 expert review Chat Free assessment of your situation Lawyer, St. Petersburg Free assessment of your situation
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Hello, Elena! The fact is that much in solving your problem will depend on whether the apartment is owned (whether it is privatized) or whether your family lives in it under a social tenancy agreement. If the tap was not on the riser (or it the first locking device after the riser)
Who is responsible if the tap is torn off from the common pipe?
Often, management companies do not fulfill their responsibilities to maintain engineering systems in proper condition. For example, all engineering systems for heating, water supply and sewerage in a building, be it shut-off valves, radiators, risers, require regular inspection, routine and major repairs. Regular scheduled checks in accordance with Resolution No. 170, clause 1.8 and clause 2.1.1 allow us to identify obvious and hidden damage in the system and prevent an accident in a timely manner. If the Management Company does not conduct regular checks, then severe wear and tear of all engineering equipment, pipes and fittings is inevitable and, as a result, leads to an accident in the system.
Area of responsibility of the management company
Emergency situations in an apartment usually occur in the most vulnerable places, such as the threaded connection on the riser. In a water supply system, such units can be located at the connection of the heated towel rail to the common riser and at the connection of the tap to the riser. Hot and cold water supply in apartment buildings is carried out through risers, from which distribution is made to the apartments. The first shut-off valve from the general water supply riser separates the house system from the distribution throughout the apartment. The tap itself is installed on a threaded section of the riser, which over time begins to rust and gradually collapse. Therefore, if the tap is torn off from the common pipe
,
is responsible
.
Both the riser itself and the first tap are the responsibility of the management company. In accordance with clause 5 of the Government of the Russian Federation No. 491 “Rules for the maintenance of common property in an apartment building,” the water supply system, including the first shut-off valve from the riser and the riser itself, is the common property of the house.”
As a rule, the causes of the accident are significant wear of the riser thread and severe corrosion, which leads to its destruction and separation of the tap.
The risers, the outlet from the riser and the first shut-off valve are common house property, and the management organization is responsible for them. Residents' responsibility extends only to the wiring inside the apartment to plumbing fixtures.
However, the Management Company is not always ready to admit its guilt. When drawing up a report on the flooding of an apartment in which an accident occurred, representatives of the management company try to shift responsibility onto the homeowners, coming up with dozens of ridiculous reasons for this. The owners are told that they need to monitor the crane, submit requests to the dispatch service on time, that the crane was replaced by the owner himself, or that the crane was hit, so it fell off.
In this case, the Criminal Code draws up a Flood Act, where the wording is very vague or it says that the tap in apartment No. was broken, they indicate the apartment where the accident occurred, but the cause of the incident, who is to blame for the accident and who should be responsible is not recorded. That is, from the Act it is difficult to understand who is to blame, what is the cause of the accident, or, on the contrary, it follows that the fault lies with the owner of the apartment. Moreover, the management company sends all residents to you for compensation for damage.
If the act states that the residents are to blame for the accident, the opposite can be proven with the help of a construction and technical examination, which will not only determine the cause of the crane failure, but also determine the area of responsibility. You can perform an examination in Moscow and the Moscow region in our company by calling 8-495-787-17-43 and 8-916-163-52-55 and get a free consultation from an expert/lawyer.
Why is an examination needed if a tap is torn off from a common pipe?
In a situation where a tap is torn off from a common pipe
, independent expertise is needed for several reasons:
- To determine the true culprit;
- To identify the specific causes of the accident;
- To obtain evidence that will be accepted by the courts;
- To protect the rights of residents;
- To obtain compensation for the owners of damaged housing.
If your faucet is torn off
on a common pipe and the management company does not agree to take responsibility for this situation; moreover, it shifts responsibility to the owner; without an independent examination, it will be almost impossible to prove that you are right and receive compensation for damage. The management company will begin to refer all neighbors to you.
Based on the results of the examination, you will receive a document that will contain substantiated evidence of the management company’s guilt. If there is an expert opinion, the Management Company can continue to insist that it is not guilty, so a trial cannot be avoided. Our expertise will be a sufficient basis for the court to make a decision in your favor. In court, you will need to defend your position, and here you cannot do without a competent lawyer. We will help you with legal assistance.
You can get a free consultation from our expert/lawyer or call him immediately to conduct an examination by calling 8-495-787-17-43 and 8-916-163-52-55.
The article was prepared for you by expert Natalya Palchevskaya.
