Damage assessment and examination after flooding of an apartment in Moscow

Who can assess the damage caused?

The current version of the Civil Code determines that the responsibility for eliminating the consequences caused by flooding of residential premises lies with the person responsible for the incident. This means that if sewer pipes break due to violation of the rules of operation of the latter, repairs from neighbors are paid by the owner of the apartments located above. But in cases where the flood occurred due to the fault of the resource supplying organization (high pressure in the main line or otherwise), then in such situations the damage is compensated not by the owner, but by the housing office or Vodokanal.

Attention: both public and private companies have the right to assess the bay. At the same time, employees of such organizations must meet the requirements defined at the legislative level.

The assessment commission establishing the amount of damage caused may include persons who:

have a higher education (optimally in the field of construction work);
are on the list of employees of the self-regulatory organization of appraisers;
have insured your own liability;
underwent professional training, upon completion of which they received the appropriate certificate.

Attention: without a qualification certificate, appraisers do not have the right to conduct damage assessments and sign flood reports. Such documents are not suitable for consideration in court.

The need for construction education is explained by the fact that appraisers need to:

choose a method for restoring the damaged premises;
select materials used to repair damage;
determine the type and scope of future work;
determine the potential consumption of materials.

If the appraiser does not have a specialized education, civil engineers are involved in the procedure.

Why is an independent examination needed?

If a sewer pipe breaks in neighboring apartments during repairs, then the owner (owners) of these residential premises is usually assigned as the culprit. To receive compensation for damage after a flood, you will first need to determine the cause of the flood. In this case, an examination will be required.

Attention: according to the current edition of the Civil Code of the Russian Federation, damage is allowed to be compensated in kind (new things are purchased to replace damaged ones) or in monetary terms.

An independent examination is carried out to establish the following circumstances:

Factors that led to flooding of the apartment:
list of damaged objects;
the amount of expenses necessary for the complete restoration of housing;

Important: the damage assessment report is a document on the basis of which disputes between the guilty and injured parties are settled – both in pre-trial proceedings and in court.

In addition to restoring damaged property, the owner of a flooded apartment has the right to demand compensation for expenses associated with:

conducting an assessment;
apartment restoration work;
consideration of the case in court.

Also, the guilty party is obliged to compensate for moral damages arising, in particular, due to the need to temporarily move to new housing.

The need for independent expertise is explained by the fact that third-party companies provide objective results of the research. When carrying out this procedure, neighbors who flooded the apartment are invited to the scene. This procedure is established by the assessment rules. In such cases, the at-fault party must be given written notice. This document can be sent by registered mail. The at-fault party must sign the notice.

How to choose an assessment expert

It is not possible to conclude an agreement with any specialist. Independent apartment damage assessment experts can represent government interests or work privately. They must have the approval of an SRO (self-regulatory organization), official permission to carry out such actions. The cost of the work is included in the claim. It is possible to challenge the appraisers' conclusions. To do this, you need to contact specialists who provide these services in construction organizations, or for help from regulatory authorities.

Presence of the culprit during the examination

One of the legal aspects of independent research is the mandatory participation of persons whose actions caused losses. A notification with a signature in receipt of an invitation to participate in the examination is sent no later than 3 days in advance. If the defendant fails to appear, an assessment of damage from the flooding of the apartment can be carried out without him. In this case, a copy of the act is sent to him.

Property valuation during flooding

In order to achieve full compensation for damage caused by flooding of the apartment, owners are recommended to take the following steps after discovering the problem:

Find out and eliminate the cause of the flooding. At this stage, you should contact your neighbors who may have a leak. If necessary, you need to submit an application to the Housing Office to shut off the water supply through the riser.
Contact the management company. The management company will attract an independent commission, which will conduct preliminary studies and draw up a flooding act. This document reflects the fact of the flood, the causes of the problem, a list of damaged property and other information.
Assess the amount of damage. According to the law, owners have the right to agree with the culprit on compensation for losses incurred in pre-trial proceedings. The amount that the injured party must receive cannot be less than the cost of repairs and purchase of lost items.

These three points are mandatory. In the future, owners can invite an independent appraiser to conduct an examination. With the results of the latter, it is also recommended to contact the person responsible for the flood to conclude an agreement to eliminate the damage. If the neighbor who caused the apartment to flood does not agree with the expert opinion, the injured party has the right through the court to seek compensation for the losses incurred.

In the latter case, you will need to prepare the following documents:

certificate of state registration of the apartment and grounds for ownership of the property (purchase/sale agreement or other);
housing office act;
appraiser's report;
notification of the examination being carried out (the document is given to the culprit for signature).

When conducting an examination, appraisers conduct a comprehensive examination of the apartment. In particular, the nature of the damage caused and the consequences of the flood are taken into account. The appraiser determines the need to replace home furnishings, clothing, and other items.

Attention: the decision to replace damaged items is made based on the provisions of the Civil Code of the Russian Federation. The law provides a list of items that cannot be restored to their original appearance after flooding.

Additionally, the appraiser conducts a market analysis, during which he establishes the approximate value of things (household appliances or other items) damaged during the flood. If the repair costs exceed or equal the price for which a similar product can be purchased on the market, then the flooded object must be replaced with a new one. The last rule is also determined by current legislation.

Procedure for flooding an apartment

Calling an appraiser is an extremely important, but far from the only mandatory stage that the owner of a flooded apartment will have to go through in order to prove that he is right.

To receive a full refund, we recommend following the following procedure:

Find out the cause of the flooding and eliminate it. First of all, contact your neighbors and notify them of the situation. It is likely that the incident was not their fault, but as a result of a breakdown of the building’s utilities. If necessary, contact the Housing Office to shut off the water supply.
Involve the management organization. After the housing office accepts the application, an independent commission to assess damage from flooding of the apartment visits the apartment and draws up a flooding report, which records:
information about the damaged property;
results of inspection of the apartment above;
probable causes of flooding. If neighbors are guilty, this should be reflected in the act. If problems are detected in the functioning of the engineering systems served by the housing office, the management office is recognized as the culprit.
Assess the damage caused. If you managed to reach an agreement with the culprit peacefully, it will probably be possible to agree on the amount of compensation. Article 15 of the Civil Code explains how to independently assess the damage caused by flooding of an apartment. Losses include not only the cost of damaged items and decoration, but also the cost of full repairs. Therefore, the amount of compensation should at least cover the costs of restoring the condition of the apartment before the flood. It is recommended that the consent of the culprit be formalized in a written agreement indicating the timing of payment of compensation/repairs and its amount.
Invite an appraiser. If the culprit refuses to compensate for the damage, take measures to document the extent of the damage. The culprit must be notified in writing that independent experts have been invited to assess the damage to the apartment - he has the right to be present during the inventory and recording of the damage, as well as to receive a copy of the assessment report. After receiving the results, re-offer to resolve the dispute. If refused, go to court.
Prepare documents and file a claim in court. The claim is filed at the place of residence of the neighbor - in the world court (for damages up to 50 thousand rubles) or district court. When filing a claim you should have with you:
Housing office act on flooding;
assessment report;
written evidence of notification of the culprit in the assessment;
receipt for payment of state duty.
Take part in the meeting and confirm your position. If the documents are prepared correctly, the court will definitely take the side of the victim. The objectivity of the assessment report will play a key role - if the court has doubts, it has the right to appoint an independent examination. After the decision comes into force, submit a writ of execution to the FSSP - the bailiffs will forcibly collect compensation from the neighbor.

Assessment procedure

Only a reputable and competent appraiser knows how to assess damage from flooding in an apartment and obtain objective results. You should contact an expert only after drawing up a flood report with representatives of the housing office.

The procedure for cooperation with an appraiser includes the following steps:

Calling an expert to your home, agreeing on conditions, concluding an agreement for an assessment.
Inspection, photo and video recording of damage, measurement of the damaged area.
Drawing up an inspection report.
Providing the appraiser with documents confirming the purchase and cost of the damaged equipment (if available).
Conducting an assessment, compiling a calculation of the damage caused, preparing an assessment report.
Transferring the report to the customer.

When searching for a specialist via the Internet, users come across the concept of “state independent examination of an apartment after the flood.” According to some authors, this is a type of assessment carried out by government experts.

In fact, the legislation on valuation activities does not contain such a concept at all. Activities can only be entrusted to private appraisers, including those hired by commercial appraisal companies.

What and how is assessed by an expert when filling an apartment?

Involved experts assess the damage that the flood caused to real estate and things located in the apartment.

That is, the owner receives a conclusion in which the damaged items and the amount of repairs required to restore the home are noted.

Despite the fact that a flood usually causes partial damage, the amount of compensation is calculated taking into account all the work. The latter means the following: if the floor material (linoleum, carpet or other) is damaged due to the flood, then the latter is completely replaced. This requirement is established by the current SNiP.

Please note: these rules are not always followed. In some cases, local repairs are required to eliminate the consequences of a flood, which is also reflected in the conclusion.

Water causes traces of mold to form on the walls and ceiling. Therefore, the final report reflects not only the need to replace wallpaper or other covering, but also the cost of antifungal treatment.

A special place in the calculations is occupied by structures and products made of wood. This material swells when in contact with water. In this regard, doors, furniture and other wooden objects cannot be restored and are replaced with new ones.

The culprit of the flood may challenge some expert opinions in court. In particular, after a flood, cracking of plastic structures (PVC windows and others) is possible. It is difficult for owners to prove how contact with water caused damage to this material. But similar consequences are possible if the flood happened in winter.

Many problems arise when assessing compensation for damage to electrical wiring. This is explained by the fact that such defects are often hidden and are revealed later.

How is the expert assessment of the apartment bay carried out?

Estimating the cost of renovating an apartment after the flood will depend on factors such as:

Damage to the finishing of floors, walls, ceilings (paint, tiles, wallpaper).
Damage to electrical wiring.
Damage to architectural elements.
Damage to household appliances.
Presence of hidden damage.

The cost of the overall renovation (and not its individual stages) will include a ready assessment of the apartment’s bay. Price of services - from 3 thousand rubles.

Important! An assessment of apartment repairs as a result of a flood will take from 3 to 5 days after inspection, and drawing up a flood report from the employees of the operating company takes about 5-10 days. But you need to inform those responsible for the flooding about your claims immediately.

If you want to resolve the issue of paying for damage in court, the cost of assessing the flood of the apartment also includes the cost of an examination, which, if you win the lawsuit, the culprit will have to compensate.

Causes and culprits of the bay

The Housing Code assigns owners the responsibility to maintain apartments in proper condition. It follows from this rule that in the event of a pipe break, the owner must repair the damage caused by the flood. In order to prevent such violations, owners are required to allow employees of the DEZ or Management Company to check the condition of water supply pipes.

Cases cannot be ruled out when utility services become the culprits of the flood. This happens if a flood occurs due to a roof leak or a sewer pipe break.

Attention: according to judicial practice, public utilities (DEZ) bear full responsibility for damage caused by roof leaks or sewerage breaks.

Regardless of who is determined to be the culprit of the flood, the restoration of the apartment (purchase of materials, damaged items, etc.) is carried out at market prices.

How is an expert examination carried out?

The preparation of a damage assessment report is preceded by the following procedures:

study of documents allowing to establish the causes and consequences of the flood (flood act from the housing office);
comparison of the results of the current study with previous ones;
detection of hidden damage;
compiling a list of materials from which the damaged items are made;
compiling a list of damages incurred.

Additionally, the appraiser measures the area and height of the room, the dimensions of window and door openings. During the inspection, the expert takes photographs of leaks and the consequences caused by the flood. These data are subsequently reflected in the final report. If necessary, third-party experts are involved in the specified work: builders, repair teams or others.

Based on the inspection report, photographs and preliminary estimates drawn up at the scene of the incident, an expert report is generated. This document reflects the total amount of compensation with justification for each figure. The report can later be used to resolve disputes in court.

Independent expert assessment of damage

Home > Independent expert assessment of damage

INDEPENDENT EXAMINATION AND ASSESSMENT OF DAMAGE FROM THE GAY (GAY ASSESSMENT) IN ST. PETERSBURG AND LO FOR COURT - FULL SET OF WORK from 4000 rubles (+500 rubles for one unit of damaged property). It is carried out in a pre-trial manner. DURATION 2-3 DAYS

INDEPENDENT EXAMINATION AND ASSESSMENT OF DAMAGE DURING FIRE (FIRE ASSESSMENT) IN ST. PETERSBURG AND LO FOR COURT - FULL SET OF WORK from 7000 RUR. It is carried out in a pre-trial manner. DURATION 2-3 DAYS

FORENSIC EXAMINATION from 10,000 rubles (TO BE CARRIED OUT BY COURT DECISION)

Construction and technical expertise, merchandising expertise: pre-trial/judicial.

(INSPECT ACT 2500 RUR) (ESTIMATE FOR REPAIR AND RESTORATION WORK 2500 RUR)

LEGAL ADVICE ON COMPENSATION FOR DAMAGE FROM FLOOD/FIRE - free of charge!

A FULL SET OF SERVICES FROM EXPERT ASSESSMENT TO COLLECTION OF THE COST OF DAMAGE IN ST. PETERSBURG AND THE LENIGRAD REGION.

OUR EXPERTS ARE CERTIFIED IN THE CERTIFICATION SYSTEM OF EXPERTS AND ORGANIZATIONS CARRYING OUT ACTIVITIES IN THE FIELD OF FORENSIC EXAMINATION registered by the Federal Agency for Metrology and Certification on November 29, 2012. for No. ROSSRU.I994.04FZHEO

OUR EXPERTS CONDUCT TRAINING TO BE APPRAISERS AND EXPERTS AT THE ST. PETERSBURG INSTITUTE OF MANAGEMENT

WE HAVE COMPLETED 4100 EXAMINATIONS. THERE ARE NO EXPERT CENTERS SIMILAR TO OUR IN ST. PETERSBURG TODAY.

A lawsuit for damages from a flood or fire is initially a win-win case. The only question is to competently substantiate your claim. And if you decide not to take it for granted, but to fight and defend your rights, we will provide you with full assistance in this.

In connection with frequent requests from citizens, government and commercial organizations to our expert appraisal company of the city of St. Petersburg to carry out work to determine the value of the market value of restoration repairs, as well as the value of the cost of new construction of objects (in case of complete destruction) from floods and fires, a a separate department highly specialized in damage assessment . It included professional certified appraisers with work experience since 2000, as well as specialist estimators with specialized architectural and construction education. Since the creation of the department of “independent expert assessment of damage from floods and fires ,” specialists have completed more than 4,100 reports on assessing the market value of restoration repairs of premises, buildings, structures and damaged property in St. Petersburg and the Leningrad region. The specificity of this assessment is that 99% of reports are submitted to the court for damages, therefore it is extremely important that the assessment report complies with the Federal Law and the adopted Federal assessment standards in the Russian Federation, and that all procedures related to the assessment work are carried out correctly.

Our company (LLC Center for Forensic Expert Research) is a member of the NP “National College of Forensic Experts” www.expert-rf.ru, specialists are certified in the “Certification System of Experts and Organizations Operating in the Field of Forensic Expertise” registered by the Federal Agency for Metrology and certification November 29, 2012 for No. ROSSRU.I994.04FZHEO

Now more details.

The assessment of damage from a flood or a fire and its compensation is regulated by the Civil Code of the Russian Federation. Art. 15 “Indemnity”:

1. A person whose right has been violated may demand full compensation for the losses caused to him, unless the law or contract provides for compensation for losses in a smaller amount.

2. Losses are understood as expenses that a person whose right has been violated has made or will have to make to restore the violated right, loss or damage to his property (real damage from a flood or fire), as well as lost income that this person would have received in normal circumstances. conditions of civil circulation, if his right had not been violated (lost profits).

If the person who violated the right received income as a result, the person whose right was violated has the right to demand compensation, along with other damages, for lost profits in an amount not less than such income.

The provision on the mandatory involvement of an independent appraiser in the event of property disputes is contained in the Law “On Valuation Activities in the Russian Federation”, in Article 8, which states: “An assessment ... is mandatory ... if a dispute arises about the value of an object ...” Damage assessment from the bay , made by an independent appraiser, is a convincing argument in court and a guarantee of compensation for losses.

Damage assessment ( bay assessment ) involves determining the cost of remedial repairs. After all, the premises (apartment, room, office) were damaged, the damage is the repair that needs to be carried out to eliminate the consequences of the flood. And the consequences can be completely different - not only material, but also moral. After all, damage is, first of all, the loss of comfort in an apartment or room, the need for restoration measures.

Assessing damage from floods and fires for compensation in court is our profile, this is our job. On the pages of the site you can find all the necessary information about conducting independent expert assessment work.

Free and detailed consultation on flood assessment or post-fire assessment can be obtained by phone (see above) or in our office.

In 90% of cases, property damage is caused by flooding . What to do if your neighbors are flooded or your roof is leaking?

1. You should call representatives of the organization servicing the house (HOA, Housing Office, Zhilkomservice, etc.). Together with them you need to draw up an Apartment Filling . Representatives of the management organization cannot refuse you; recording such cases is their responsibility. In the Act on the flooding of the apartment , it is advisable to record everything in as much detail as possible, be sure to clearly indicate the time and place of the flooding and drawing up the act, clearly record the damage, and damage not only to the decoration of the premises, but also to the property. The act must be signed by all persons present when it was drawn up, and the act must bear the seal of the HOA. One copy of the Apartment Bay must remain with you. In the future, a copy of it must be provided to the appraiser to evaluate the bay.

If your apartment is located on the top floor, then the responsibility for the leak will be borne directly by the organization servicing the house, which is obliged to keep the house in proper condition, clear snow from the roof, and carry out roof repairs. If the apartment has a tenant, then responsibility may fall on the shoulders of both the tenant and the owner of the apartment. Here you will have to figure it out and find out exactly whose fault the leak or flood . In accordance with the law, the owner is obliged to make major repairs in the apartment, and the tenant is required to carry out maintenance. However, an agreement between them may establish otherwise. If it is impossible to immediately identify the person responsible for the flooding of the apartment , an examination can be carried out to determine the immediate cause of the leak.

2. After you have drawn up the Apartment Flooding , you need to find out what damages (to what amount) were caused by the apartment flooding . From the point of view of the law, it is correct to say losses and not damage, since losses include both real damage (the amounts that you will have to spend to restore the apartment) and lost profits (the income that you would have received if if your apartment is not flooded). In accordance with established practice, lost profits are not often recovered, since to recover it it is necessary, for example, that you have a rental agreement for an apartment, and that it be terminated due to the flood. However, this is quite difficult to prove. But in addition to this, moral damage can also be taken into account; on average, according to judicial practice in St. Petersburg, this is 10,000 rubles.

If you and the neighbors who flooded you cannot come to an agreement on the amount, pre-trial, you should make an independent assessment of the damage from the flood of the apartment ( flood assessment, flood assessment ). To do this, you need to contact our company - the department for assessing damage from floods and fires of the Center for Forensic Research. The assessment of damage from flood is calculated as the amount required for repairs to bring the apartment to the state “before the damage occurred.”

3. After contacting our appraisal company the assessment of floods assessment of damage from the flood of the apartment , you send a claim by mail to the culprit of the flood - a package of documents containing a letter of claim, all expense receipts (copies) with a requirement to compensate for your expenses. In case of refusal, it is necessary to draw up a statement of claim and demand compensation for damages based on the bay assessment in court.

Depending on the amount of damage, this will be a world court (damage less than 100,000 rubles) or a district court (damage more than 100,000 rubles). Copies of all available documents (acts, bay assessment report, checks, receipts) must be attached to the statement of claim. If you need the services of a lawyer (in St. Petersburg, approximately 2000 rubles for filing a claim, +2000 rubles for each court hearing - on average 3-4 meetings), their cost will be reimbursed by the defendant by a court decision when the claim is satisfied (about 6 months ).

bay assessment services cost ?

The cost of services for assessing the bay depends on the location of the object (St. Petersburg or Leningrad region) and on the amount of damage. On average 6000 rub.

How long does it take to assess a bay ?

The bay assessment takes 2-3 days in our company.

How much do fire assessment services cost ?

The cost of fire assessment services, as well as flood assessment, depends on the location of the facility and the amount of damage. On average 6000 rubles.

How long does it take to assess a fire ? A fire assessment, like a flood assessment, takes no more than 3 days.

What documents are required for flood assessment and fire assessment?

1. Housing and communal services inspection report or Ministry of Emergency Situations report

2. Title documents for the object (CERTIFICATE OF STATE REGISTRATION OF TITLE)

3. BTI/PIB passport (CADASTRAL OR TECHNICAL)

4. Personal passport of the customer (necessarily THE CUSTOMER IS THE OWNER OF THE APARTMENT), details of the organization if the commercial premises are flooded

We will be happy to answer your questions by phone (812) 9812659

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Forensic examination of apartment flooding

Unauthorized actions of the appraiser are punishable according to the norms of criminal law. The introduction of such a rule has led to the fact that courts no longer order a re-examination of a flooded apartment and accept the final report as evidence.

Please note: if necessary, the court may order a re-evaluation. Basically, such decisions are determined by the need to establish cause-and-effect relationships or significant shortcomings have been identified in the expert opinion.

When considering a case in court, the assessment methodology is also taken into account. If the flood affected private housing, then, basically, the amount of compensation takes into account the costs associated with repairing the premises and purchasing damaged items. When a flooded apartment was used to generate income, the court also takes into account the amount of income that the owner lost.

Cost of damage assessment service

The cost of expert services consists of various factors. More often, appraisers determine the price taking into account the following circumstances:

type of flooded premises (residential or non-residential);
size of the room (the larger the apartment, the higher the price);
extent of damage;
number of damaged items;
region where the apartment is located;
appraiser qualification level.

Independent appraisers, on average, charge 3-3.5 thousand rubles per room for such services.