Radiators - common or personal property?
The issue of property ownership of heating devices in an apartment is complex.
In accordance with Part 1 of Art. 36 of the Housing Code of the Russian Federation, plumbing and other equipment are considered common goods in apartment buildings , but only on the condition that this equipment serves more than one room.
Part 1 of Art. says the same. 290 Civil Code of the Russian Federation.
RF PP dated August 13, 2006 No. 491 introduced the Rules for the maintenance of common property in apartment buildings into a legislative act, so in paragraph 6 of these Rules... it is specified that the in-house heating system with risers, radiators, all fittings, heat meters, etc. refers to common property.
But in paragraph 5 it is clarified that only everything that is located before the valve located on the outlet from the riser towards the apartment will be considered common.
Thus, if apartment radiators can be disconnected from the entire system, then they cannot be considered a common property . In the absence of such a valve, indoor radiators are part of the general heating system.
Water supply in an apartment: whose valve is on the riser, who should repair it
Any work requires labor, be it “soldering” or “screwing”. I think it’s written quite convincingly above who should change the first shut-off valve. I repeat: I must change the management/homeowners association at the expense of monthly payments from owners and tenants of premises for the maintenance and repair of housing. Residents do not have to buy valves! The tariff includes both the cost of work and the cost of materials.
We recommend reading: From what period was 1% collected from salaries in the PFR 1992
The water supply riser valve is part of the common property of an apartment building. This is stated in the Rules for the Maintenance of Common Property, approved. Resolution No. 491 (see clause 5 on the link page, valve
marked there as a
disconnecting device
). Therefore, it must be repaired by the contractor (UO, HOA) at the expense of a monthly fee for the maintenance and repair of housing. This is common practice, and the management agreement should also state this.
At whose expense is it carried out?
There is a clear answer to the question of who should pay for replacing radiators in an apartment, and this answer is: the owner must pay .
In a privatized
If the housing is privatized, then when replacing normally working heating devices with a more modern option, the owner must pay, as well as when batteries are not considered common property .
In a situation where apartment batteries belong to common property, their replacement must be made at the expense of funds contributed by all owners under the article “maintenance and repair of common property.”
In the municipal
Municipal housing is transferred for use under a social contract. rental, therefore the owner, that is, the municipality .
You can learn about the size of the fine for smoking in the entrances of residential buildings from our article.
What applications should I fill out?
In order to replace the batteries in your apartment, you must submit an application for replacement of heating devices and an application for disconnecting the riser and removing water. The first appeal is submitted with the aim of obtaining approval in principle for the replacement and determination of deadlines, the second - directly for the execution of work.
Application for replacement of heating devices WORD 13.98 KB
Application form to turn off water WORD 24.50 KB
What to do?
Situations with heating equipment can be very different, and the procedure differs, depending on the circumstances. But it is important to remember that resident intervention is unacceptable: it is important that professional plumbers .
If the cast iron leaks during the heating season
Who should repair?
If during the heating season one or more of them leak, then this situation may be considered a pre-emergency situation (water as a coolant is under pressure in the heating system, which is fraught with flooding of apartments along the riser), which is the responsibility of the management company to eliminate by replacing the leaky device with a new one.
This statement is also confirmed by the Rules and Regulations of those. exploitation of housing stock, approved. RF PP No. 170.
A leak in a cast iron radiator is a malfunction that must be eliminated immediately after receiving a signal from the residents, using the forces and means of the management company. Having discovered a leak, the apartment owner must, without wasting a minute, notify the organization servicing the apartment building.
The management company, homeowners association, housing office or other service company is obliged to respond immediately and eliminate the problem, preventing the development of a large-scale accident.
An example of a complaint to the management company about replacing heating radiators.
If the batteries leak after turning off the heating
If heating radiators leak after stopping the supply of heat to the MKD, the malfunction should still be eliminated, but not in such a severe mode. A battery leak indicates that water has not been drained from the system . The procedure is as follows:
- Residents report the problem to the management company.
- Management company employees fix the leak, if possible, or change the battery at the expense of funds donated by the owners.
Only a specialist servicing an apartment building can quickly shut off the riser or cut off the heating from the entire entrance.
how to replace the heating riser from housing and communal services in the video:
Replacement procedure
If the replacement of radiators does not take place as part of a campaign for planned or major repairs of apartment buildings, but is an initiative of the residents, then both the purchase of materials and the work will be carried out at the expense of the apartment users themselves . It is important to realize that unauthorized actions with the heating system are unacceptable.
Where to go?
It is impossible to do without a management company or housing office, but this does not mean that local plumbers need to be hired to carry out the work.
It is more logical to find a reliable contractor specializing in san. those. works, but not only an excellent reputation and the presence of recommendations from friends are important, you need to check permits, including proof of membership in an SRO for this particular type of work and services.
After choosing a contractor, you must contact the management company. The employee and the management company can also carry out work, but it is unlikely to be quick.
What applications should I fill out?
applications are submitted to the Criminal Code :
- about replacement of heating devices;
- regarding turning off the riser and removing water.
If the first appeal is submitted with the aim of obtaining approval in principle for a replacement and determination of deadlines, then the second is directly for the execution of work.
sample application for temporary disconnection of the riser.
How much to pay?
How much does it cost to replace radiators? For dismantling and installing one radiator they charge from 2,500 rubles. up to 4000 thousand rubles. (excluding the cost of the batteries themselves). This amount also includes related operations, such as garbage removal.
Benefits exist for the following categories of residents:
- large families;
- disabled people;
- pensioners, etc.
In practice, obtaining benefits for plumbing services is not easy. If contractors are involved in the work, they are unlikely to be interested in the cramped circumstances of the customers.
If the work is carried out by the management company, then you can really count on benefits : the management company has all the papers about the availability of benefits, subsidies and other payment concessions.
What are the timing and frequency of checking gas equipment in residential buildings? You will find the answer on our website.
Procedure for replacing the battery in an apartment
Before removing the old battery and installing a new one, you need to coordinate your actions. And to do this, you should notify the management company or the HOA about the upcoming work.
If the owner decides to change one type of battery to another, or increase the heating area, or move the battery to another place, then he must contact an expert who will tell you whether it is possible to install the battery.
Otherwise, the thermal balance of the house may be disrupted. When moving the battery, the owner needs to contact experts who should conduct an examination.
Having clarified the main points, you can now consider step by step how to replace heating batteries in an apartment:
- Step 1. Contact the management company/housing office. You should not rush to buy new batteries, because first you should submit a written application to the management company and report that the apartment is planning to replace the batteries. On site, the applicant must be given technical specifications with a detailed description and requirements regarding which radiator can be installed and where it should be installed.
- Step 2. Contact the design organization. If the management company has given the go-ahead for the installation of new radiators, and the owner wants to move the battery to another location, then he needs to contact any design organization, whose specialists will make a project calculating the radiators planned for installation.
- Step 3. Contact the management company again. With the finished project, the applicant must again contact the management organization and write an application to replace the batteries, attaching the project, as well as other necessary documents for replacement: papers confirming ownership of the apartment, a copy of the technical passport of the housing, etc. If the owner wants to install batteries with the help of a third-party company and not a management company, then in addition to the application, he must attach a copy of the certificate of registration of the organization and membership in the SRO.
- Step 4. Issuance of a document agreeing to replace the battery. An application submitted to the management company is reviewed within 30 days. The result will be the issuance of written approval for battery replacement or refusal with mandatory indication of the reasons.
- Step 5. Contact the management company with an application to disconnect the risers. This is the final stage, at which the owner must once again contact the service organization and submit an application to turn off the risers and discharge water for a specific replacement date.
Coordination of work
Do I need to coordinate the replacement or relocation of radiators in the apartment and with whom?
Replacing, let alone moving, radiators without approval should really not be done , especially if it is planned to replace the batteries with a completely different design or increase the number of sections.
These actions are qualified as a violation of the rules for the use of common property, which is managed by the service company (clause 5.2.5 of the Rules...).
It is necessary to apply the planned changes to the apartment plan and contact the management company with the chief engineer or technical director, operation engineer, and agree with these officials.
It is possible that you will need to contact the heating supplier: this is where specialists will be able to perform thermal engineering calculations and issue recommendations in the form of a simple project.
Who is to blame if a heating pipe breaks and subsequent flooding of neighbors
Unauthorized replacement of the heating system in an apartment without an invitation to a building management specialist (an official invitation through an application) immediately puts the apartment owner in the status of the culprit of the accident. To prevent this from happening, for any replacement of pipes (not just heating, this applies to any communications), you should contact the house management or management company with an application. The application must be registered. A repair date has been set. Based on the results, a work acceptance certificate is issued, signed by the specialist and the owner of the apartment. If, under such conditions, due to improper installation of heating devices, they rupture, the responsibility will fall on the management company.
When conducting such checks, the employee needs access to the heating and water supply systems in the apartment. Access to the apartment is possible only with the consent of its owner. An owner who did not let a specialist in for inspection should, in the event of an accident, be prepared for the fact that such behavior does not work on his side. This once again can serve as confirmation that the owner did not monitor the condition of all utility systems.
We recommend reading: How long does it take to cash out maternity capital to buy a home?