The reason for the flooding of the apartment. How to determine exactly?

Cost of examination services

When the DEZ does not issue an act

In accordance with the requirements of the Housing Code and the agreement for the management of an apartment building, the management company is obliged to record the fact of flooding of the apartment by drawing up an appropriate act. In most cases, this requirement is met by utility companies. But, in a situation in which the company managing the house is the culprit of the flood, they try to either not issue the act at all, or draw it up in such a way that it cannot be filed in court.

In general, utility services, if they are to blame for the flooding of an apartment, constantly try to shift the responsibility onto the tenant. At the same time, they diplomatically keep silent about the fact that they are obliged to clean the risers, monitor the condition of the heating systems, and especially not to allow excess pressure in the water supply pipes.

So what should you do if the management company does not fulfill its duties in good faith in terms of fixing the flood of the apartment? The DEZ act on the bay is a document showing the cause-and-effect relationship between damage to the apartment and the fact of its flooding. In the Legislation of the Russian Federation (neither in the Civil Code of the Russian Federation, nor in the Code of Civil Procedure of the Russian Federation, nor anywhere else) there is no direct requirement to submit to the court the act of the Criminal Code. But there are requirements to provide specific evidence.

Such evidence is also provided by an examination of the reasons for flooding of the premises. Moreover, such a document has much greater weight in court for the following reasons. Firstly, this document is not just filled out with a pen on one piece of paper, but contains a detailed research part with photographs and measurements. Secondly, the one who draws up the document has undergone appropriate training in a forensic specialty and has a certificate. Thirdly, for his conclusion, the specialist signs under criminal liability for knowingly false testimony.

Thus, an expert opinion is indispensable in cases where it seems impossible to get the truth from the DEZ (management company or HOA).

MAIN CAUSES OF FLOODING:

• water hammer
• battery failure
• bathtub overflow
• failure of flexible liner

Current issues

Who is responsible for flooding the apartment?

The one who is responsible for the occurrence of this incident is responsible for the flooding of the apartment. This could be your neighbor, a tenant you let into your apartment, a management company, or even a developer.

In order to identify the culprit, it is necessary to clearly determine the cause of the flood: where and why the water flows. Unfortunately, it may not be possible to quickly and correctly identify the violators of your peace, since the mere fact of flooding from the apartment above does not always indicate the guilt of the owner of this apartment. Since flooding can occur both as a result of the actions of your neighbor, and as a result of improper maintenance of common property, for which the management company is responsible.

In any case, in order to record the fact of flooding of the apartment and establish the probable causes, you must contact the Management Company (which manages your house) to conduct an inspection of the residential premises and draw up an appropriate act on the flooding of the premises (follow the link for more information on the procedure for drawing up this act ). You should know that this act is a document confirming only the fact of the flood, its source, and describing the list of damages.

Water hammer

Try to imagine such a situation. A radiator or some kind of water supply pipe had been hanging there for three years, and suddenly, out of the blue, it decided to fly off. It’s hard to imagine such a fable, isn’t it? But this is exactly what the management company is trying to make the apartment owner believe, when it is 100% to blame for the flood due to the sluggish actions of its employees. The human factor has not been canceled, and, unfortunately, it becomes the cause of serious damage to the tenant’s property.

When starting heating or testing water supply after shutdown, the pressure in the water supply system is exceeded. water hammer effect occurs . Metal, fiberglass or other material simply cannot withstand the load and bursts either at the joints or (if the pressure is too strong) at any weak point.

This reason for the flooding of the apartment is most easily proven in court, since the chips on the metal show from which side the damaged fragment of the plumbing element was impacted. At the time of conducting a forensic examination due to flooding of the apartment, the expert pays special attention to this. It is especially important when conducting a water hammer examination to record that there is no external damage to the object under study (pipe, battery, etc.). Thus, it is obvious to the court that the impact on the object was from the inside.

The consequences of accidents in water-carrying utilities are as follows:

• damage to an element and/or unit of engineering communications (a pipe in the heating, water supply, sewerage system burst, a battery burst)
• damage to own property;
• damage to someone else's property (neighbors flooding from below).

As a result of the flood, there is a damaged utility unit (ball valve, pipeline, flexible line, filter, etc.) that needs to be replaced, and as a rule, property damage is caused that is subject to mandatory compensation.

If an apartment is flooded, you must contact the dispatch service of the organization that manages the housing stock, which is obliged to organize an on-site commission inspection, based on the results of which a report is drawn up indicating the reason for the flooding of the apartment, a description of the amount of damage caused (for subsequent determination of its size) is made, and a conclusion is drawn about the damage caused. the place of actions (inaction) that resulted in damage to the premises on the part of either the operating organization, or the owner of the damaged residential premises, or another individual or legal entity, the guilty party is indicated.

The liability of the parties (persons) is determined by the action (inaction) that resulted in damage to the residential (non-residential) premises, on the part of either the operating (management) organization, or the owner of the damaged residential premises, or another individual (legal) person. For example, the building maintenance service is responsible for the formation of water hammer in the heating and water supply system, and in some cases, the parties (persons) under whose jurisdiction it is responsible for a malfunction in the engineering water-carrying system.

If, according to the results of a commission inspection, you are the guilty party in the accident that occurred, and your neighbors demand compensation for the damage caused, do not despair, this does not mean that you are really to blame since the operating organization, which is legally entrusted with the responsibility of initially establishing the cause of the flooding of the apartment in a number of cases , is an interested party because has its own area of ​​responsibility to the owners of the premises.

So, an accident occurred, the water supply system was blocked, you flooded your neighbors from below, and as a result, you and/or your neighbors suffered material damage as a result of the flood, questions arise - “what to do and who is to blame?”

Battery failure

This type of accident is especially relevant in the fall during test starts of the heating system or when heating is supplied. The reason for this is either the human factor or the deterioration of the heating system. In any case, the culprit of the accident is the organization responsible for the condition of the common property, namely the management company. Based on our work experience, we often come across attempts by these organizations to shift responsibility onto both the apartment resident and the contractors. However, judicial practice is clearly not on the side of management companies in this matter.

What to do if you cannot determine the cause and culprit of the flood?

The cause of the flood must be indicated in the Flood Report from the management company. In cases where it is not possible to establish a clear cause and the culprit or it is necessary to refute the cause of the flood in the Flooding Act, our company carries out a construction and technical examination. The examination documents the cause and identifies the culprit of the flood.

If there is no information about the culprit of the flood, our specialists will independently obtain this information and send a claim for compensation to the culprit.

Bathtub overflow

Another reason for apartment flooding is overflow through the bathtub. This situation, of course, occurs much more than a failure of a flexible line or a battery rupture. But its consequences are no less tangible. This cause of flooding occurs where generally socially irresponsible elements live. The tenant, being intoxicated, turned on the water to run a bath and wash himself, and then went into the room and fell asleep. Moreover, he turned on the water under such pressure that the system for preventing the bathtub from overflowing could not cope with the volume of water. This picture is observed in almost ninety-five percent of cases when a flood (and not just one apartment, but the entire riser) occurs due to water overflowing through the bathtub. The owner of the apartment, who does not understand anything, cannot open the door for a long time when representatives of the management company knock on him and try to eliminate the accident.

But there is one great plus in this whole situation. The outcome of the trial with such a defendant leaves no doubt. Since the judge already sees from the very beginning who he has to deal with. And the plaintiff’s provision of evidence becomes more of a formality. Like any defendant, he can claim that there is nothing to be recovered from him. However, this does not mean that the Gulf litigation is hopeless. Because the debt collection system has undergone significant changes in the direction of effectiveness over the past 2-3 years.

How to get insurance after filling an apartment?

The injured party should contact the insurance company.

To receive insurance compensation as a result of a flood, the injured party should contact the insurance company and provide the appropriate list of documents.

This list of documents is listed in the insurance rules of the insurer with whom the insurance contract is concluded and in whose favor the insurance premium is paid.

Therefore, to obtain insurance after flooding an apartment, you should contact the insurance rules or directly to the insurer to clarify the necessary list of documents required to receive insurance compensation.

But we should not forget that in most cases, the funds actually paid will not be enough even for “wallpaper,” since insurance companies underestimate the real amount of damage is the main rule.

Flexible line failure

Connections of sanitary fixtures are vulnerable places from the point of view of leaks. In our practice of establishing the causes of apartment flooding, tearing of flexible hoses (finishing) occurs very often. Moreover, this applies not only to the old housing stock, as it might seem at first glance. But also, oddly enough, to bays in new buildings.

Calling an independent expert to determine the cause of the flooding of the apartment is prompted by the desire to at least avoid liability for damage caused to the neighbor below by the bay. And, in addition, the customer of such an examination is driven by the desire to get the truth from the real culprit behind the flooding of the apartments in the building.

Failure of the plumbing connection (bidet, toilet, shower, etc.) occurs for four main reasons. The first is that the flexible line fell off due to water hammer; for a year the organization servicing the house did not keep track of the employee who exceeded the pressure in the water supply system. The second is poor-quality installation of the eyeliner fasteners. The third is the poor quality of the eyeliner itself (the desire to save money led to huge waste). The fourth is the failure of this element as a result of careless actions of the apartment owner or guest.

How can I prove that the line failure was not my fault? In such situations, they turn to specialized expert institutions. The essence of such an examination is to examine the broken finishing and the element connected to it for the direction of chips. This allows you to determine where the impact on the material of the element came from. More precisely, this helps to prove that the impact (pressure) came from within, that is, to exclude the fourth cause of the accident, which we discussed above. And, accordingly, initially exclude the very possibility that the owner of the apartment is to blame for the bay.

Drawing up an expert opinion on the causes of apartment flooding. A forensic expert conducts research, answering a question posed by a customer or a judge. The evidence base for a particular answer is the research part of the examination, which describes the circumstances of the case and the facts that answer the question. This document (examination of the circumstances of the gulf) is a guarantee for the court of the correctness of the decision made and, as a rule, it is enough to determine from whom exactly to demand the recovery of funds in court. After all, at the beginning of a Gulf court case, many parties are involved as third parties. And they end the process as a defendant. Such a nuisance for them occurs due to the establishment by a court expert of new circumstances of the gulf that occurred.

Experience

Currently, expertise to determine the cause of apartment flooding is quite in demand, and over the period of activity since 2000, our specialists have already completed several thousand conclusions, which made it possible to establish the true cause of the accident and protect our clients from unfounded claims, here are photos of some of them:

The accident occurred due to corrosion destruction of the riser, as a result of the lack of proper technical inspection of engineering systems by the building maintenance service.

The accident occurred due to corrosion destruction of the riser, as a result of the lack of

…more details

The reason for the rupture of the ball valve is a sharp short-term excess of pressure (water hammer) in the hot water supply system of the apartment, which came to the threaded connection section of the screw-on part of the ball valve body. The reason for the rupture of the ball valve is a sharp short-term excess

…more details

The accident occurred due to corrosion destruction of a branch from the riser located between the common building riser and the ball valve, which is the first shut-off valve, as a result of the lack of proper technical inspection of engineering systems by the building maintenance service. The accident occurred due to corrosion destruction of the branch

…more details

The reason for the rupture of the flexible line is a sharp short-term excess of pressure (water hammer) in the apartment’s cold water supply system. The reason for the rupture of the flexible line is a sharp short-term

…more details

The accident occurred due to the corrosion destruction of the heated towel rail, which is part of the hot water riser, as a result of the lack of proper technical inspection of the engineering systems by the building maintenance service. The accident occurred due to corrosion destruction

…more details

The cause of corrosion destruction of the pipeline after the ball valve is due to the lack of proper technical inspection of engineering systems by the building maintenance service. The cause of corrosion destruction of the pipeline after the ball

…more details

The reason for the destruction of the fine filter flask is a sudden short-term excess of pressure (water hammer) in the apartment's hot water system. The cause of destruction of the fine filter flask is sudden

…more details

The reason for depressurization of the supply line to the heating device is poor-quality installation of the flexible supply line, which is expressed in non-compliance with SNiP and lack of hydraulic testing. The cause of depressurization of the supply line to the heating system

…more details

The reason for the depressurization of the heating device is poor-quality installation of the radiator, which is expressed in excessive tightening of the end cap, using a mechanic's tool when sealing the connection and the lack of hydraulic testing. The reason for depressurization of the heating device is poor quality

…more details

The cause of the destruction of the main filter is a sharp short-term excess of pressure (hydraulic hammer) in the pressure water supply of the cold water supply of the building, which came to the area of ​​​​the threaded connection of the screw-on part of the filter housing. The cause of destruction of the main filter is a sudden

…more details

The cause of the accident in the central heating system of the room is a sharp short-term excess of operating pressure (water hammer) in the system, which occurred on the body of the third section of the radiator. The cause of the accident in the central heating system of the premises is

…more details

The reason for the rupture of the connection between the fitting and the filter housing is poor quality installation, resulting in failure to maintain the tolerance of adjacent elements. The reason for the rupture of the connection between the fitting and the filter housing

…more details

You can ask all the questions you are interested in regarding the algorithm of actions if you flooded your neighbors from below before the expert arrives and the further procedure for establishing the true cause of the flooding of the apartment by phone or using the service on our website.

Determining the cause of the flood after repair.

Such specificity in our work can be found mainly when an examination is ordered by a court ruling. That is, the situation is like this. Two or three years ago there was a flood; it took about a year for the residents to make all sorts of promises to each other and try to resolve the problem out of court. The trial is in full swing, but the repairs have already been done , since there is no desire to live with leaks and peelings. What to do then? How to determine why the flood happened?

In such a non-standard situation, experts work mostly with documents. Namely, with the materials of the court case, where the entire history of what happened is described in detail, and they also make additional requests to public utilities. Management and operating companies keep a history of maintenance of their facilities. For example, the ODS magazine contains many details of floods and other emergency situations in apartment buildings. By comparing data from various materials, the expert establishes a picture of the flood that occurred. But judicial practice also knows a few cases when an expert directly states in his conclusion that it is impossible to establish the cause of the flood. But this is rather an exception to the rule. After all, an experienced specialist knows all the signs of a technical process, which is also the filling of an apartment. And where these signs can be found.

How to correctly determine the cause of the flood?

After all, it depends on this exactly who should pay for the damage caused to an apartment or non-residential premises by the bay. The main dispute over who is to blame for the flooding of the apartment occurs between the upstairs neighbor and the management company. After all, public utilities (DEZ, contractors, etc.) are doing their best to shift the responsibility, and therefore the financial costs of eliminating the damage, onto some resident from the house they service.

And in our practice of conducting an independent examination of the reasons for the flooding of an apartment, we often hear from a client over the phone that the DEZ said that it was the owner’s fault, not theirs. The most common alleged reasons for the flood, according to management companies, are the following.

In a situation where an apartment is flooded with sewerage, it is called a riser that is clogged with tenants (though it is not clear what exactly and how they determined this). That is, employees of the service organization openly make it clear that there is no need to make claims against them. True, this is only in words. But this approach also has a very strong effect on people who are in a stressful situation and are not particularly versed in the intricacies of housing and communal services.

When an apartment is flooded due to a breakdown of the meter (which, by the way, was installed by an employee of the emergency department), a burst battery, or due to another reason for the failure of the general building plumbing, they also try their best to convince the apartment owner that it is he who is to blame.

The law clearly defines the limits of liability for damage caused by the gulf. But just facts are not enough for the court. You also need to somehow prove DEZ’s guilt and, accordingly, your innocence. Yes, it is clear to you, as an actual eyewitness to the incident, who is right and who is wrong in the gulf, but the judge must literally chew this out. This is the essence of such a court document, which is called the conclusion of a forensic expert on determining the causes of apartment flooding . The essence of the expert's examination of the source of the bay is the research part of the examination. It contains photographs, measurements, location references and other points that show all the nuances of what happened. But the main component is the conclusions of the construction expertise. It is in them that the expert finally determines the cause of the accident and puts his signature on them.

The expert confirms his authority with certified copies of his permits, including the certificate of conformity of a forensic expert in a certain specialty.

Having added such a construction and technical examination to the materials of the court case, the judge with full confidence makes a decision to hold the DEZ (management company) accountable for damage from flooding of apartments.

The main reasons for flooding of premises

Repair work and the cost of damaged property usually amount to a significant amount. Before issuing an invoice for payment of material and moral damages, it is necessary to carry out important procedural measures. Lawyers recommend contacting an expert bureau, even if an agreement has been reached between the opposing parties, in order to resolve possible disagreements in the future.

In practice, there are several possible factors that cause damage to a property as a result of flooding:

• roof and external walls (facade) of a permanent structure;
• windows, balconies and loggias of an apartment that suffered damage as a result of flooding;
• adjacent rooms or rooms located on the floor above;
• problem apartment, in the premises of which there was a breakdown of the water-bearing utility network.

The cause of flooding of a room (apartment, office) is determined by an expert using non-destructive research methods and approved methodology. Then assessment work is carried out and the customer is provided with a reasonable report indicating the cost of subsequent elimination of the damage through repair and restoration work.

Petition for appointment of an examination

During a flood damage lawsuit, each side presents a different type of evidence. Related to both the actual extent of flood damage and the cause of the damage. And when the evidence of both sides is generally similar to the truth, but at the same time is essentially opposite, the judge is forced to resort to the services of a forensic expert.

In accordance with the legislation, an expert is a person who has special knowledge in a certain field and has the appropriate legal status, confirmed by the certification system of forensic experts. Questions about the cause of flooding of the apartment and the ensuing amount of damage to the apartment are referred to construction and technical experts for consideration.

The applicant for the appointment of a forensic examination is one of the parties to the process (plaintiff or defendant). But information about the expert organization must also be attached to the application itself. To do this, we ask you to send us a corresponding request (a letter in free form) stating that you require this court hearing data. In response, we send you an information letter for the court about our readiness to conduct an examination of the bay, where we indicate all our data, and we also send you a certified copy of the certificate of conformity of the forensic expert. You then need to print out these papers and attach them to the application for examination.

If the court satisfies this request, then a ruling is issued in which our organization appears with the task of conducting a judicial construction, technical or appraisal examination. Next, the court courier or our employee delivers the case materials directly to the company’s address to organize research.

Current issues

How to determine the cause of the flood?

Usually this question is answered by the management company’s act, which is drawn up when the flood occurs. But in our practice, there are times when such information in it (this act) is indicated in two ways, or is completely absent, or the act itself is missing. This happens primarily when the apartment is flooded due to the fault of the EPD and utility workers do not want to take responsibility for the damage.

First of all, the expert needs to examine the wet areas of the apartment (kitchen and bathroom), as the most common source of uncontrolled water flow into the apartment, and the heating risers are also being examined. If necessary, the units and connections of plumbing elements are dismantled. The humidity level in these places is checked, as well as the nature of traces of use of the apartment’s plumbing.

How can I prove that I am not to blame for the bay?

A feature of the judicial process is its bureaucratization. Even obvious things require confirmation either by reference to a specific article of a specific law, or reinforcement by a legally significant document. Therefore, your salvation at the trial will be two main points. Or appealing to the necessary law or regulation, stating that the source of the flood is not in your area of ​​​​responsibility (and for example the management company). Or an examination that will clearly show that the flooding process, from a technical point of view, did not occur through your fault .

Is it possible to eliminate the accident before the expert arrives?

Of course, this can and should be done. After all, the paramount importance is not recording the fact of the incident, but minimizing the damage. At first glance, the question seems strange, but the answer is obvious. But this is exactly what we are often asked by our clients who find themselves in a stressful situation. At the time of eliminating the leak, it is important to take as many photographs as possible, both of the source of the leak and of the process of eliminating the accident itself. All these photos can then be transferred to an expert or added to the materials of the court case regarding the flooding of the apartment . We pay special attention to the need to preserve for future examination the damaged element of the plumbing structure (burst fragment of the riser, flexible finishing, water supply meter, valve, etc.). These details are studied in detail by experts to determine the cause of the flood. Namely, it depends on the reason who will be to blame and who will pay a lot of money to the neighbors, you or DEZ.

I didn't have a gulf, and they blame me.

As a rule, this situation arises when the culprit of the accident is trying to shift the blame for the flood onto the tenant. They say that the battery in your apartment burst, which means you are to blame. The average person immediately gives up from the shock of what happened and such a phrase. But having pulled himself together, the apartment tenant understands that he has nothing to do with it. Only the obvious fact must be conveyed to the judge. For this purpose, an inspection of the place of water penetration into the apartment is carried out. The expert report on the cause of the flood in the research part clearly demonstrates the entire cause-and-effect relationship of the accident and subsequent damage from it. And the conclusions voice a point that will determine who is really to blame for the flooding.

The battery blew. Who is guilty?

, the management company is responsible for the maintenance of all systems in an apartment building . It is she, and not the operator, contractors, developers, etc. Each resident has (at least should have) an agreement for the management of an apartment building with the management company. In accordance with this agreement, which, by the way, most residents have never even seen, the owner of the apartment pays money (utility bills), and is provided with a service for comfortable living. is responsible for the failure of the heating system, including the battery . Therefore, if damage occurs from flooding of the apartment due to a burst battery, it is necessary to file a lawsuit only for damages.

Expert specialty 16.4.

In accordance with the certification system of forensic experts operating on the territory of the Russian Federation, in order to conduct examinations and draw up appropriate expert opinions, a certificate of conformity of a forensic expert is required.

To determine the cause of apartment flooding , specialists who have been trained in the forensic specialty under number 16.4 are brought in. “Determination of the causes and conditions of destruction of construction sites.” Construction and technical expertise for the court, performed by these specialists, is the basis for the court to make a decision on the relevant case.

Why do we need an examination of the cause of flooding in an apartment?

An expert opinion drawn up by a suitably qualified forensic expert is a document that has legal force. This means that it can be accepted as evidence of your innocence in court. What seems obvious to a tenant is not so to a judge. Therefore, you need to lay out in detail on paper things that at first glance seem obvious. Thus, this examination determines who exactly the judge will assign the obligation to pay a huge amount for damage caused by flooding of the lower apartment. You or utility services.

Is the information useful?

Save it to your wall.

The reason for the flooding of the apartment has not been established

It is necessary to resort to expert organizations, whose efforts can identify the cause of the flood.

This scenario for the most part affects the interests of the injured party, since failure to establish the causes of the flood leads to the impossibility of identifying the causer of harm and recovering the damage caused from him.

When these facts are identified, the courts try to “follow” the path of least resistance, making appropriate decisions to refuse to satisfy the claims, since there is no proof of the cause of the flood, as well as the cause-and-effect relationship between the events that occurred and the consequences.

Therefore, the party going to court should make sufficient efforts to prove the cause of the flood.

This should be done at the stage of drawing up the act on the bay, and you should carefully follow the information that is presented in this document.

If the actual cause of the flood is not established, you will have to resort to expert organizations, whose efforts can identify the cause of the flood.

This can be done at the stage of preparation for trial, as well as directly during the process, by filing a petition for an appropriate examination.