Act on flooding of non-residential premises: a sample to download, as well as an explanation of how an inspection is carried out, for example, of a store and a document is drawn up about the bay My property

Determining the culprit

If the leak occurred due to improper actions or breakdowns in the room above, then the culprit is its rightful owner. If the building is completely non-residential, but it has an owner, then he will be the culprit.

If a retail or other space is leased from the state, then the culprit should be determined after a technical inspection of the entire building, recording damage and conducting an examination.

Important! If the culprit of the flood cannot be determined, a note about this is made in the act.

Procedure for flooding

Let's look at the procedure for the injured party's actions from the moment of flooding to compensation for losses, using the example of flooding a supermarket sales area.

Upon receiving information about the accident, the owner of the supermarket (who is most likely the tenant of the space) must notify the owner of the premises. Then you need to call the employees of the service organization and go to the scene yourself.
Upon arrival, you need to de-energize the room, or make sure that it is de-energized, turn off the water and find out the cause of the flood.
Next, the procedure for drawing up a flood report, described above, is carried out, either in the presence of utility employees, or independently. The tenant may be a representative of the injured party (owner); this is noted in the deed.

All the above actions are carried out by the injured party on the day of flooding of the property. Further actions, such as inviting an appraiser to conduct an independent examination, negotiations with the culprit on voluntary compensation for material damage in pre-trial order, writing and submitting a statement of claim to the court for flooding and recovery of material assets from the culprit according to the assessment estimate of an independent expert, as well as an application to the address insurance company upon the occurrence of an insured event may be carried out later.

When inviting an appraiser, you should indicate losses incurred as a result of store downtime, as well as damage to goods, electrical equipment and equipment; monitor the recording of the area of damage and the consequences of the flood.

If negotiations with the guilty party did not end with the latter making the correct decision, you can file a claim in court.

Memo for the victim

Call emergency services to stop the flooding.
Informing the management company to collect a commission and draw up a report.
Definition of commission.
Determination of the culprit.
Recording flood damage.
Identifying the cause of the flood.

Fixing damage

After the flooding has been stopped, the damage must be carefully recorded:

Measure and indicate the area of damage on the walls, floor, and ceiling.
Carefully describe the damaged furniture.
Enter the models of the affected household appliances.
Make an inventory of the damaged goods.
Take photos/videos of what happened.
Indicate what kind of water - hot or cold - flooded the room.

All these details are included in the act and certified by the commission.

General provisions

Flooding is a process that results in damage to the property and premises of the owner for reasons beyond his control. A flood, as a rule, is not an intentional act, but most often occurs as a result of someone’s negligence or imprudence.

Material damage is the loss that was incurred if the office was flooded. Water can ruin repairs, furniture, and make a lot of documentation unusable if we are talking about non-residential premises. According to Article 1164 of the Civil Code of the Russian Federation, a legal entity or individual is obliged to compensate for material damage to the other party resulting from intentional acts or negligence.

The process of determining who is at fault if an office floods is similar to recovering damages for a flood in a residential area. If an office is flooded, the property owner is obliged to:

Determine the fact of flooding and its scale.
Find out about the causes of the emergency and take action to eliminate it.
Identify the culprit.

Demanding compensation from the guilty party for material damage during a flood is voluntary. You can restore the premises yourself, but will you like the expense?

Finding out the reasons and demanding compensation from the culprit without involving specialized authorities is a criminal matter. According to Article 139 of the Criminal Code of the Russian Federation, it is impossible to demand compensation or conduct an independent inspection of the causes of the flood. If the premises are flooded, you must contact your housing utility supplier and draw up a report.

In a commercial premises, equipment, furniture, goods are stored, and activities related to running a business are carried out. Therefore, basement flooding is not only a direct threat to the safety of the property of a company or entrepreneur, but also the risk of cessation of activity for a certain period. In addition, the penetration of moisture gradually destroys the foundation of the building and contributes to the spread of fungi that are harmful to human health.

You can recover damages resulting from an emergency from the person responsible for the incident.

Article 15 of the Civil Code of the Russian Federation allows the victim to compensate for the following types of losses:

Expenses associated with loss or damage to property.
Costs associated with asset restoration.
Lost income.

Compensation for harm to human health is regulated by § 2 of the Civil Code of the Russian Federation; the following is recovered from the culprit:

Costs of treatment and restoration of health.
Lost wages or income due to illness.
Moral damage.

However, to satisfy all requirements, it is important to follow formal procedures for recording the accident and its consequences.

Valuation of the management company

The management company assesses the damage based on the drawn up report. The inventory includes the work that needs to be done to repair the damage. It also includes the price of damaged furniture, appliances, and the costs of putting the room in order.

A representative of the management company inspects the affected areas, studies the causes and results of the flood, and records the total amount of damage in his report. This document is then presented to the guilty party for compensation. The victim has the right to involve independent experts in the assessment, and also include lost profits in the amount of payments.

Damage assessment

To find out the actual extent of the damage, you can use the services of a qualified specialist. It is recommended to postpone the independent examination for 7 days from the moment of flooding. Over the course of a week, additional damage may appear in non-residential premises that were not detected initially.

The injured person must agree with the appraiser on the date and time of the inspection of the scene of the accident and 3 days before the independent examination, inform the alleged culprit of the accident about the procedure by a special telegram. To estimate the cost of flood damage, a specialist may need the following documents:

act of flood in non-residential premises;
a lease agreement or privatization certificate as proof that the person applying for the service has ownership rights;
floor plan;
document recording the area of the rooms - explication.

An independent examination of flooding of non-residential premises involves an inspection by a specialist of the scene of the incident, identifying the causes of the flood, determining the cost of repair work and each damaged item. The expert also calculates the amount of lost profits due to an emergency situation. Financial costs incurred during the procedure must be reimbursed by the party whose guilt is proven.

Act - confirming document

The injured party initiates the drawing up of an act. Representatives of the management company, owners of the premises, owners of the area that caused the flood (if identified), engineers or other technical specialists of the service organization should participate in its preparation.

Reference. The document is necessary in order to rely on the Civil Code of the Russian Federation (Article 1064), which states that any material damage caused must be fully compensated by the culprit.

The report must be drawn up as soon as possible, preferably immediately after the accident has been eliminated at the scene after a visual inspection - within 12 hours. If the accident occurred during non-working hours (holidays, weekends), the document must be drawn up no later than three days later. The law does not provide for the form of the act and its compiler.

Employees of the management company can draw up a document only while at the scene of the accident; the victim also has the right to draw up a report.

The act is signed by representatives of the management organization and the owner (in the case of non-residential premises, the tenant also has this right). The report contains a statement of the fact of the accident, a list of persons involved (perpetrators) and an inventory of the damage caused. Often representatives of organizations have samples and forms of such acts, but free drafting of the document is allowed.

The act must indicate:

Serial number of the document.
Information about all members of the commission. It is necessary to indicate positions in the management organization. If there are outside witnesses present, recording their passport details is mandatory.
Time, place, date of document preparation.
Flood address.
Causes of the flood (for example, “the commission found that the accident occurred due to a breakdown of the hot water supply system; a pipe with a diameter of 55 millimeters was broken”).
Details of the culprit (if it was possible to identify it immediately).
Description of the damage caused.
Here you need to list all the damage and the volume of the affected area. For example, “a non-residential premises (office) with an area of /specify/ suffered the following damage: the ceiling is flooded, there are wet spots, stains. On the walls there is paper wallpaper, filled in (along the perimeter of the walls 4.62X2.5, 2.95X2.5 2.8X2.5 lag behind the walls, there are leaks and peeling). The windows are plastic, not damaged, the floor is linoleum, there is some swelling. The plastic doors - 3 of them - were swollen. Utility room /specify area/: the ceiling is completely filled, there are yellow spots, the walls are whitewashed, there are wet spots on them. The windows were not damaged. Floors: wooden parquet, swollen.”
It is imperative to indicate in the act the cause-and-effect relationship between the accident and the damage caused. For example, “due to a burst hot water pipe, an office located on the first floor, directly below the leak, was flooded.”
Signatures of all commission members.
You can also specify:
Is there insurance?
Are there any outstanding payments?

Important! Even if the culprit is not present when the document is drawn up, the act is still drawn up. It is advisable to have it in triplicate.

Components of the act

It is more convenient to fill out a document electronically and add signatures later, especially if you need to describe many documents with irreparable damage. First of all, fill out the header of the act regarding irreparable damage to documents. To do this, at the very top of the sheet on the left side is written the name of the organization whose documents are “out of order.” Just below is the name and number of the act itself with the date of preparation.

The entire upper left part is left for further approval by the head of the organization. He must leave his signature. Also indicated here is his position and date, indicating agreement with the contents of the act.

If the matter concerns archival documents and the institution is an archive, then the upper right part should contain information about the number and name of the fund from which damaged documents are removed.

In order to fill out the act correctly, you also need to have information regarding:

The serial number of the record.
Inventory numbers.
The number of storage units occupied by the lost document.
Number of sheets in lost paper. If this is an audio recording, then the playing time, video recording (film), its footage and other parameters available for restoration are indicated.
The header that the damaged storage units had. This information can be restored from documents of other institutions, regulatory organizations, preserved registers, etc.
Deadline dates. This refers to the numbers that were indicated in the documents with irreparable damage. This information is necessary to record the time of their official action.
The essence and causes of paper damage.

For convenience, all this data is placed in a compact table. Its duration is determined by the list of papers with irreparable damage. The more items, the longer the table and the longer the act. It can be located on one, two or three pages. There are no restrictions on this feature.

At the very end of the table, a separate column indicates how many storage units are damaged and irreparable. Below, a separate space is left to indicate the reasons that caused the damage (although in the last column of the table this information is written for each completed line). When filling out, it is desirable that no empty columns are left. If this happens, then you need to cross them out.

If the company does not want to compile it

Often it is the management company that is to blame for the flooding and refuses to draw up a report. In this case, the act is drawn up independently (in the presence of witnesses) and sent to the organization by mail (with notification of receipt).

In this case, a note is made in the act that the organization was informed of the need to be present at the accident site, but did not send its representatives to conduct the examination.

How to calculate the damage in this case?

If the management company refused to attend the scene of the accident, did not inspect the damaged non-residential premises, or violates the deadlines for drawing up the report, then an independent appraiser can be invited. This can be a representative of a company or an individual (but must be a member of a self-regulatory organization of appraisers and have insurance).

The expert works with the accident report in hand and verifying ownership. It is not advisable to carry out restoration work until the damage has been assessed.

After completing the inspection and examination, the appraiser draws up a conclusion indicating the amount of damage. Payments for the services of an independent appraiser can be included in the amount of the claim (if one is created).

Why should you choose an independent appraiser?

The damage assessment carried out by the management company often does not provide a complete picture: the culprits of the accident are not identified, but only the facts are recorded. An independent examination can indicate why it happened later and who is to blame.

If a thorough and attentive approach to the matter is required, excluding the interest of any of the parties, it is better to turn to outside specialists. Advantages of an independent examination:

Technical specialists of the management company inspecting the accident site may be incompetent in some matters.
If the management organization is to blame for the accident, it is an interested party.
The consequences of flooding may become apparent after the initial inspection.
An independent examination guarantees a thorough study of the problem and the appointment of those responsible after a thorough study of the case.

Owners of non-residential premises in apartment buildings may face not only the problem of flooding. We invite you to familiarize yourself with other useful publications devoted to the proper operation of such real estate, its maintenance and payment of utilities:

The nuances of maintenance and what does operational management of such property mean?
Peculiarities of major repairs and who should pay for the one-room payment in an apartment building?
How to properly organize heating: temperature requirements and tariffs, as well as the nuances of paying for electricity.
How to draw up an employment contract with a cleaner?
How to connect the Internet in such a room?

Drawing up a document with the participation of the commission

When inspecting a flooded residential or non-residential premises, the following must be present:

Engineers of the management and service company
Chairman and members of the house council (optional)
The owner or representative of the owner of the damaged premises
Representatives of the guilty party (lawyers recommend that they be indicated as present during the inspection, but not included in the commission due to their interest)

Also, the practice of drawing up acts on the bay has cases when representatives of the management company and the owners of the premises are the same interested party and they are in no hurry or refuse to draw up such a document, in this case, you need to submit an application to the management company and get a note about accepting the application, indicate in the application that if the management company does not form a commission, you yourself, together with your colleagues and office neighbors, will draw up an act on the flooding of non-residential premises. In the “independent” act, it is necessary to mention the witnesses who performed the role of eyewitnesses with an indication of their personal data (basic details, passport details). This will significantly strengthen the position of the injured party when considering a property dispute in court.

Estimation of damage from the flood from 4,900 rubles. Lawyers. Huge winning practice.

Claim

For a peaceful settlement, the victim draws up a document where he indicates what his rights were violated, what he proposes to do to resolve the situation.

Attention! A claim for flooding of non-residential premises is made if there is a need and desire to resolve the problem pre-trial.

Where to send?

The claim is submitted to the culprit by registered mail (the documents sent must be described). The claim can be submitted to the company in person. The document records the incoming number, date, surname and name of the employee who accepted the paper. The submitter also signs the document.

The claim is drawn up in two copies (one for the victim, the other for the culprit). If you can’t bring the papers yourself, you can send them by mail. But be sure to send it by registered mail with acknowledgment of receipt.

How to compose?

Claims must be made only in writing. It can be drawn up either by a lawyer or by the victim himself according to the sample. The document states:

Full name and other details of the guilty party (address, details, etc.).
Full name and other data of the injured party (address, details, etc.).
Place, time of flooding. Inventory of the damaged property (based on the act).
Description of the victim's expenses.
Claim for damages.
Information about the date of flooding, about the property that was damaged at the time of flooding.
Information about the expenses incurred by the owner in connection with the accident.
Request for reimbursement of funds spent.
How does the victim plan to receive funds? For example, “I ask you to compensate for material damage in the amount of /specify/ by transferring to my bank account using the following details /specify/.”

Reference. In case of failure to comply with the requirements, the victim reserves the right to go to court within 20 days from the receipt of the claim by the perpetrator.

If the culprit does not accept the claim or does not want to pay the amount in full, then it is necessary to file a claim in court. The victim (owner of the premises) draws up this statement based on the Code of Civil Procedure of the Russian Federation, Art. 131 and 132. The claim must contain a description of the case, the amount of damage, and demands against the perpetrator.

Where to contact?

The claim is filed at the place of residence of the defendant (in this case, the party responsible for the flooding). However, if in the event of a flood both the defendant and the plaintiff are located in the same house, the claim can be filed at the address of the flooded premises. Both the owner and his authorized representative can apply to the district court.

If it was ignored

The following documents are proof that the injured party took measures for a peaceful settlement, and the culprit ignored them:

Notice of receipt of the claim (if it was sent by registered mail).
A copy of the claim indicating the date of receipt, signed by a company employee (if submitted in person).

These documents should be attached to the statement of claim. 20 days after receiving the above-mentioned papers, the victim can go to court (if the claim specified exactly such a period for resolving the dispute). In the event of flooding of non-residential premises - even if great damage has been caused and the consequences of the accident interfere with work - you need to be patient.

Only careful recording of damage, documentation of what happened, inventory, careful assessment and examination will help to recover compensation and achieve restoration work in full.

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Sample act on flooding of non-residential premises (download)

If you have a competently drawn up and objective act (click on the link Act on flooding of commercial premises) and an assessment report drawn up by experts from our company, you can confidently receive compensation for the damage caused. Call or leave your contacts

State bodies and courts consider the Act on the fact of flooding of non-residential premises as the primary document when considering a dispute. Drawing up this document is the first step towards compensation for damage to your property and affects the following factors:

Calculation of the amount of damage incurred;
Determination of the guilty party;
Preparing a pre-trial claim;
Further recovery of compensation for damage from the flood in court;

In addition to the example of an act on flooding of non-residential premises above, we wanted to offer our own form of an act, which we actively use and which is convenient when describing damage; it will not take much time, because In it, almost all types of finishing are possible according to our act on the bay of the premises.

Format of the bay act of our company

Any evidence base based on an assessment report will not have the desired effect without a meaningful inspection report of the premises after the flood.

Determining the culprit of the incident and filing claims

It is not always easy for the injured party to find whom to make claims for damages. Usually the culprits are the residents (tenants) of the apartment above or the management company. The latter is responsible for the condition of common property.

The service organization is responsible for the waterproofing of walls and foundations, the maintenance of pipes in common areas, the condition of storm drains, as well as for water risers, heating, and radiators located in apartments.

In addition, when causing losses to the tenant, the contents of the lease agreement should be taken into account. The agreement may include additional conditions for the use of non-residential premises. For example, carrying out waterproofing work, carrying out repairs, etc.

If it is difficult to determine who is responsible for the flooding, it is better to contact a lawyer. They will help identify the defendant and draw up a statement of claim.

Extrajudicial and judicial methods are used to recover expenses received. It is best for the injured party if the culprit agrees to pay for the damage. However, if there are disagreements, the issue will have to be resolved in court, which significantly delays the process of collecting funds for repairs of the premises and payment of other expenses.

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Collection in court

Going to court is a last resort. You will have to prepare a statement of claim if it is not possible to resolve the issue of compensation peacefully with the perpetrator. The owner of the enterprise or his lawyers can write an appeal to the court on behalf of the company. Turning to specialists will greatly simplify legal proceedings.

According to Article 333.19 of the Tax Code, when considering cases regarding property in court, it is necessary to pay a state fee. Its size depends on the value of the plaintiff’s claims and ranges from 400 to 60 thousand rubles.

There is no need to worry about legal costs, since the guilty party is obliged to compensate all the costs of the plaintiff. Claims are accepted within 5 days. At this stage, an incorrectly drawn up application may be rejected.

The main thing when claiming compensation in the event of a flood is that there is sufficient evidence of the losses incurred and the defendant’s fault. Along with the application you must attach:

An act drawn up by housing and communal services employees.
A report drawn up by an independent appraiser.
Photos and video materials indicating the consequences of flooding.
Documents on the right of ownership of non-residential premises.

Witnesses and examinations aimed at checking the quality of services provided can establish the extent of the flooding and the guilt of the defendant.

Litigation cases regarding compensation for material damage may take a long period of time to resolve. On average, the duration of legal proceedings varies from 3 months to a year. After a court decision is made, the applicant is guaranteed to be able to compensate for all costs associated with repairing the flooded premises.

Judicial practice in such disputes shows: if there is evidence of the defendant’s guilt, the plaintiff’s demands will be satisfied. The fact of owning a property in which a flood occurred does not constitute grounds for claiming compensation.

The owner of the apartment is not obliged to compensate the victims for repair costs unless his guilt is proven. As practice shows, not only the office owner, but also a management company, a construction company, or even a pipe and plumbing manufacturer can become guilty.