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Life in high-rise buildings is associated with the possibility of flooding. Such a stressful situation unsettles, it is immediately difficult to decide what to do and where to turn. We will tell you in detail what to do if the neighbors from above are flooded.
We are stopping a deluge
If water is pouring from the ceiling, the first thing to do is turn off the electricity in the apartment. You can do this on the electrical panel and you should know which switch or machine turns off the electricity in your apartment. Even if the bay is insignificant, it is necessary to turn off the electricity.
Then reach out to the neighbors who flood you to stop the flow of water. At the same time, we call the emergency service of the management campaign (CC) and report the flood. They must come and block the damaged riser. The valves are usually located in the basement. While the utilities are on their way, take care of the water leak to minimize the effects of the gulf. Move furniture or remove it from the floor, place containers under incoming water, or help neighbors deal with a gust.
If the emergency service is not available, you will have to make your own decision and look for where to turn off the water. But in this case, you are fully responsible for your actions. If something breaks as a result of your actions, you will be required to pay for the restoration.
If there is a leak in a neighbor’s apartment, then which particular system is damaged can be determined by the temperature and quality of the water. Cold water – the cold water supply system is damaged, hot – there may be hot water supply or heating.
Finding out who is to blame
Finding out what caused the flooding allows you to determine the culprit who will have to compensate for the damage. Not in all cases of flooding, neighbors living from above will be recognized as the culprits, although there was a rush in their apartment. They too can be affected.
Here are some examples of water gusts for which the Criminal Code, HOA or ZhSK will be responsible, provided that there was no interference in their work from the owner of the apartment above.
- Roof leak.
- Gust on the riser of cold water, hot or their metering devices.
- Breakthrough of the heating system.
If a rush occurred during a sharp increase in pressure in the water supply system, then the water supply organization will be found guilty.
In the event of a leak in a household appliance with a valid warranty, the manufacturer of the product is liable. And if a leak arose after the installation of new equipment, a washing machine, a shower cabin, etc., then compensation for damage must be demanded from the organization that performed the installation.
Who is to blame if the apartment is rented from above
If tenants live in the apartment above, the question arises: who should compensate for the losses, the tenants or the owner? The answer is given by the Civil Code.
Article 210 of the Civil Code “The burden of maintaining property” states:
The owner bears the burden of maintaining the property belonging to him, unless otherwise provided by law or contract.
That is, if the accident occurred due to a malfunction of the equipment in the apartment, the owner of the apartment compensates for the damage.
It is possible to lay responsibility on the tenants in case of flooding of the apartment only in case of violation of the operation of plumbing fixtures or interference with the operation of water supply networks and heating.
Documenting damage
Do not immediately take on the elimination of the consequences of the flood, then it will be difficult to prove the extent of the damage. If the upstairs neighbors are responsible for flooding your apartment, they are interested in a real damage assessment. Flooding an apartment downstairs is also a nuisance for them and an understandable desire to minimize payments. Therefore, we carefully record photo and video evidence of the damage caused.
Photographing and filming
First of all, it is necessary to immediately fix the consequences of the flood. We do this with the help of a photo or video shooting, or better, both. It is very good if you, before starting the recording, invite 2-3 neighbors as witnesses who will confirm your testimony in court. Pictures are accepted in court as evidence and will help assess the damage. Pictures should be without any processing with time and date.
Drawing up a damage report
Representatives of the Criminal Code should come within three days. You need to find witnesses who will sign the papers and confirm the presence and amount of damage in court. With representatives of the Criminal Code, witnesses and the owner of the apartment from above, you draw up an act of damage. A representative of the Criminal Code has a form of an act on the consequences of flooding an apartment, but if necessary, you can download it.
In the act, it is required to prescribe in detail all the consequences: streaks on the walls, ceiling, swelling of furniture, floors, wet and swollen cabinets, there is a short circuit in the wiring, and all other details. Please note that all signers must enter their full names and surnames. Where the witnesses will sign, in the column “position”, write the tenants of apartment No. …, then the signature and date are put. An application form can be downloaded.
You need to notify the culprit of the damage about the date of arrival of representatives of the Criminal Code. Moreover, the notice must be documented. The easiest way today is by telegram or letter with notification. Naturally, you need to make a copy, save the payment receipt. The culprit may not come for an inspection, the main thing is to have proof in your hands that you notified him.
When is this document due? Paragraph 152 of the Decree of the Russian Federation of 06.05.2011/354/12 No. XNUMX indicates a period of XNUMX hours, regardless of holidays and weekends.
In Moscow, there is Appendix 2 to the order of the Office of the City Order of the Moscow Government No. 55-48 / 1 and the Office of Housing and Public Utilities and Improvement of the Government of Moscow No. 5-37 / 1 dated March 12, 2001, establishing the general procedure for actions in such accidents, the deadline for drawing up the act according to this document – 3 days.
The act is drawn up in triplicate. The first remains with the owners of the affected apartment, the second – with the perpetrators of the flood, the third – with the representatives of the Criminal Code.
If you did not wait for the representatives of the house management (we advise you to bring and register a written statement in addition to the call immediately after the incident), draw up an act yourself, putting down the date, exact time, circumstances and amount of damage. Witnesses and apartment owners sign this act.
Independent expertise
After flooding, all damage can be described and assessed independently. The drafted document must be written in two copies. It must, in front of witnesses, be signed by the perpetrator of the damage. The difficulties are obvious – if you are not a builder, you are unlikely to be able to accurately assess the extent of damage and the work needed to restore it.
It would be better for an independent reviewer to do this. Similar services are provided by private and public counters. They can also be included in the cost estimate for damage restoration, so they will not cost you anything. If you do not agree with the act carried out by the Criminal Code and plan to recover damages caused by flooding through the courts, contact the appraisers.
You need to notify the culprit of the flood about the date and time of the independent examination, 4-5 days in advance. It is better to do this in writing, while asking him to sign the notice on your copy.
Specialists will find such damage that you do not pay attention to. As a result of their inspection, the amount of refurbishment can significantly exceed your estimates.
Ways to make amends
There are two ways to resolve the conflict – through an agreement with the perpetrator or through the courts.
Settlement agreement
The most profitable and shortest option is to negotiate with the culprit. If you have an act and a correct estimate sheet, then most likely they will agree to pay you the cost of the repair. If you are not sure that a verbal promise will be kept, then invite a witness.
You can negotiate not only with a neighbor, but also with the management company. If the Criminal Code pleaded guilty, then it can restore the damage caused by its workers and materials.
If the culprit of the flood agreed to compensate you for the damage, you can proceed with the repair. If not, you go to court, but repairs cannot be done in pre-trial time and during the process. As part of the preparation, the court conducts its own independent forensic examination.
Court
What is necessary when applying to the court after the flooding of the apartment? The statement of claim is filled out in court, along with the application, you must provide:
- a copy of the apartment bay act drawn up by the commission;
- estimate of restoration work;
- conclusion of an independent expert on damage assessment;
- contract and receipts confirming the provision of services by an expert;
- documents of ownership of the apartment.
If the UK is the culprit in the flood, the same documents will be required. When they draw up the act, follow the completion of the “possible reason” column. It should be spelled out as a result of which the flood occurred:
- as a result of damage to common house networks – water supply and heating risers;
- as a result of a leak on the roof;
- etc.
This should be reflected in the act. Be persistent, if the act is drawn up with errors, you will not win the court.
Which court to file depends on the amount of damage. If the damage amounted to up to 50 thousand rubles, it is necessary to apply to the world court. If the damage is more than 50 thousand, they file a lawsuit in the district court.
All documents must be executed correctly, and then, most likely, the decision will be positive. In addition, it is possible to demand not only coverage of repair costs, but also moral costs.
Flood insurance – pros and cons
Since no one in a multi-storey building is guaranteed against flooding, it makes sense to insure the apartment against such a nuisance. The advantage of a flood policy is that you can receive a payment regardless of who was the culprit of the bay. Insurance not only compensates for the damage, but also frees you from tedious legal proceedings.
If you are going to do a major renovation, it makes sense to do so. Compared to the costs, the amount of insurance will seem insignificant, but if you are flooded after the conclusion of the contract, all you need is to call the insurance company. All subsequent actions they perform themselves.
The disadvantages of apartment flood insurance include the need to prove whether this event is insured.