Replacing heating batteries in an apartment can entail a number of significant costs. Many homeowners in apartment buildings (hereinafter referred to as MKD) know this. If we talk about the fact that even heating radiators located inside apartments can belong to common property, then not every person knows about this.
In certain situations, the apartment owner does not have to change batteries at his own expense. Their timely replacement and maintenance in proper condition, elimination of leaks and other problems may be the responsibility of the management company (hereinafter referred to as the management company). Moreover, unauthorized replacement of batteries can be considered by law a violation of the rules for using residential premises in an apartment building, which entails a fine of up to 1.5 thousand rubles (according to Article 7.21 of the Code of Administrative Offenses of the Russian Federation).
We will talk about these and other features of replacing heating batteries in an apartment in this article.
Whose property are apartment radiators and pipes?
Heating radiators inside apartments in multi-unit apartment buildings may be classified as common property. This is regulated by the following legislative acts:
- Housing Code of the Russian Federation - see Article 36, Part 1.
- Civil Code of the Russian Federation - see Art. 290 part 1.
- RF PP No. 491 dated 08/13/2006 introduced into the rank of a legislative act the Rules for the maintenance of common property in MKD - see paragraphs 5 and 6 of these Rules (hereinafter referred to as the Rules for the operation of MKD).
In all of these acts of legislation, it is noted that radiators/heating radiators inside an apartment are classified as common property when they are part of a common system and serve more than one room.
If there is no shut-off valve on the riser in your apartment that allows you to disconnect the radiator from the general heating system, this is common property, and its maintenance in proper condition is the responsibility of the management company.
If there are shut-off valves on the pipes in front of the battery, repairing leaks in the central heating system radiators themselves or replacing them with more modern equipment is the responsibility of the homeowner. In this case, radiators will not be classified as common property - this is stipulated in paragraph 5 of the Rules for the Use of MKD. This section states that common property is everything that is located up to the shut-off valve (jumper) on the pipe outlet from the riser to the battery.
Paragraph 6 of the Rules states that the control and shut-off valves themselves are common property , which means that if there is a leak at the junction of the stop valve and the radiator, the management company must also fix the problem at its own expense.
If there is no shut-off valve from the heating riser towards the battery, replacing them yourself is prohibited (who should replace the heating risers in an apartment?). This can lead to an emergency, and will also entail a fine and, possibly, a requirement to dismantle illegally installed equipment.
Drawing up and filing a claim with a judicial authority
The statement of claim to the court is written strictly taking into account the rules described in Article 131 of the Civil Procedure Code of the Russian Federation. At the top, in the right corner, is the header of the document.
Important! It must contain the following information:
- name of the judicial authority;
- information about the judge, if available;
- information about the applicant: his full name, registration address, residence, as well as contact phone number;
- information about the defendant, that is, the management company (its name, full name of the director, legal address and location of the organization).
To submit an application, you should find out information about the magistrate in your area. Of course, the application will be accepted without its data, but a correctly drafted claim has a better chance of being satisfied.
You can view the information on the website of the judicial authority, by contacting the office in person or by calling a local telephone number.
Who should do maintenance and repairs and when?
According to the above standards, the repair and replacement of heating appliances related to common property is the responsibility of management companies , whose property is the entire heating system in the house, if this heating network does not have boundaries within the apartments (shut-off valves).
The article “Maintenance and repair of common property” can be found in the receipt for payment of services, according to which the owners of apartment buildings pay a monthly fee for the maintenance of this property (how is the heating fee determined?). The management company should seek funds for the repair and replacement of batteries and other communications included in the heating system from this fund.
We figured out who should do the repairs. Now let’s talk about when such equipment should be changed or repaired. In case of emergency - immediately.
The homeowner should not pay for these services to plumbers or other persons.
The issue of replacing radiators is more complicated. Here you should rely on GOSTs and other standards that determine the service life of batteries.
An accident occurs: who will bear responsibility?
To find the culprit for the accident, it is necessary to establish who caused it: the homeowner or the housing office is at fault. If the owner notices the poor condition of the heating pipes, he is obliged to immediately inform the housing office employees about this by calling a specialist.
It is necessary that the call of workers be formalized:
- an application is drawn up, registered, then a repair time is set;
- after completion of the battery repair, the owner receives a work acceptance certificate;
- the act is signed simultaneously by the owner of the property and the plumber.
If you follow all the steps, then the management company will bear responsibility for poor-quality installation of heating devices.
Do not forget! The housing office is obliged to regularly carry out scheduled inspections of the heating system (at least twice a year) and repair it.
Based on the results of the inspection, utility companies are required to issue a final report. When owners do not allow specialists into an apartment, this legislation will be regarded as improper use of communications. Responsibility will fall on the owner.
How long is the service life according to GOST?
The scope of production and operation of batteries is regulated by GOST 31311-2005 and SP 60.13330.2012. They indicate the service life of heating devices, depending on the materials from which they are made:
- cast iron lasts 25-35 years;
- bimetallic – 25-30 years;
- aluminum – 20-25 years;
- steel - 15-20 years.
By finding out which radiators heat your apartment and when they were installed, you can understand whether it is time to replace them.
If the batteries cope with heating the room, maintaining the temperature in the apartment from +18 ° C, do not leak and do not have other defects, the management company may refuse to replace them even if their service life has expired.
Representatives of the management company can assess the condition of the heating batteries. As a result of the inspection, the commission will draw up an act in which the necessary recommendations will be given. If it is recommended to replace radiators that are common property, you can write an application for these manipulations to be carried out by the management company itself.
Summary
It is important to understand: batteries are public property, so utility companies are responsible for them. When replacing radiators, the status of the apartment (private/public) should be taken into account.
If you decide to do this on your own, then you need to write an application addressed to the utility workers (written in free form) and invite workers. Utilities will not replace batteries free of charge if they have shut-off valves at the border when the pipes enter the apartment.
All “relationships” with the housing office must be registered and recorded in order to have arguments and evidence when drawing up a lawsuit.
At whose expense is it possible to replace old radiators with new ones?
The management company must replace old batteries with new ones if they do not have shut-off valves and cannot be “cut off” from the general system with their help. The radiators themselves must also be paid for by the management company, since the new equipment will become their property.
In practice, management companies often refuse to buy, replace or repair heating devices at their own expense. This is the basis for going to court.
Throughout the country, there are known cases of such disputes being resolved in favor of homeowners.
If there are shut-off valves in the heating system, then you will have to replace the batteries at your own expense. But it still won’t be possible to do without the participation of the management company. The rules for operating MKD establish (see clause 5.2.5) that it is necessary to obtain permission to carry out these actions. In addition, you can only choose the right batteries by consulting with management specialists.
Before replacing batteries, you need to conduct an examination and calculate which radiators you need to buy (how many sections, etc.). The examination, if the heating devices are not common property, is also paid by the apartment owner. There is no need to make changes to the technical passport - replacing batteries is not a redevelopment or refurbishment if they are installed in the same places where the old ones were.
Batteries - what kind of property is this: communal or personal?
It is important to understand what status the batteries are given: is it communal property or private property for which the owner is responsible?
The text of Resolution No. 491 approved the list of property objects of apartment buildings that are objects of public use, these are:
- Risers.
- Fittings of all types.
- Metering devices for general house use.
- Heating elements.
Based on this list, batteries are property belonging to the house.
Important addition! Most management companies (MCs) prefer to conceal this important information. Therefore, most people, if a battery breaks down, begin to repair it themselves, without contacting the housing office.
Thus, the management company saves money by shifting its own obligations to the residents of the house.
How to change or repair a heating device for free through the management company / housing office?
So, you live in an apartment where the heating appliances that are the property of the management company are long overdue for replacement, or you purchased housing on the secondary market and are faced with such a need. Just one desire is not enough - the legality of the requirements for free replacement of batteries must be proven - the service life has expired, or the batteries cannot cope with heating the apartment, do not provide the required temperature, have defects, etc. (find out the temperature schedule of the central heating supply according to GOST and water heating standards in heating system radiators can be found here).
In order to officially repair or replace radiators through the Housing Office, there must be a reason. The algorithm of actions must be specific if you want to achieve your goal without damaging your own nerves and wasting extra time. All applications must be submitted in writing . Instructions on how to obtain free replacement or repair of heating devices in an apartment are given below.
Where to contact?
- First, contact your management company to conduct an examination and draw up a report on checking the temperature in the apartment or analyzing the condition of the heating radiators.
- Based on the recommendations given based on the results of the examination, submit a written application to the Criminal Code to replace the batteries (in two copies - on yours the employee receiving the application must put the entry number with the date of acceptance and a legible signature).
If the management company fulfills its obligations, the issue is resolved; all that remains is to wait for the batteries to be repaired/replaced.
If the management company evades its obligations, a complaint should be filed.
After making a claim, as in the case of an application, bring two copies. Yours should contain all the same data:
- incoming number;
- date of;
- signature of the employee who accepted the document.
You should go to court only after directly contacting your management company with an application for repair/replacement of batteries. Perhaps representatives of the Criminal Code will accommodate you and you won’t have to contact other authorities. Going to court is only after sending a written complaint to the Criminal Code. Failure to comply with the requirements set out in the complaint will be the basis for the claim.
Required documents
When submitting an application to the Criminal Code for a free replacement of heating devices in an apartment, you need to add to this document a report drawn up by specialists on measuring the temperature inside the apartment or examining the condition of the batteries - a document confirming the validity of your request. You can’t do without a certificate of ownership of the apartment. You can also attach receipts for no arrears on utility bills.
Drawing up an application
An application for free replacement or repair of heating batteries should be written to the head of the management company. The application must contain the following subparagraphs:
- the header indicates to whom the application is addressed, the full name and position of the person, as well as from whom it comes - your full name, address and telephone number for contact;
- write to ;
- provide complete information about the situation, describe the essence of your request, based on legislative acts.
In addition to the above standards regulating the legality of citizens' demands for free replacement of heating batteries, we can mention the Housing Code (for example, Article 161, which describes the responsibility of the management company to manage apartment buildings in such a way that it provides residents with comfortable and safe living conditions), Rules for the provision of utility services, approved RF PP No. 354 of May 6, 2011 (lack of maintenance of heating equipment violates the provisions of these Rules).
The statement must describe the problem in as much detail as possible, but without unnecessary words or emotional overtones.
Do not write threats or insults under any circumstances - this will not help matters. The essence of your requirements should be extremely clear, the style of presentation should be businesslike.
Be sure to indicate at the end of the application what actions you will take if the request is not granted. It is better to combine this information with the phrase: “If the requirements set out in this application are not met, I reserve the right to contact ....” At the end, you must indicate the date the application was drawn up, sign and your surname with initials.
If you find it difficult to write a statement on your own, or immediately want to present the information as convincingly as possible, then a lawyer with experience in handling cases in the public utility sector will help you draft it correctly.
We do not recommend completing the documents yourself. Save time - contact our lawyers by phone:
8 (800) 350-14-90
Duration of the procedure
The law does not establish deadlines for replacing heating appliances. In emergency situations, safety measures must be taken immediately. How long the resolution of the issue may take, if there is no urgent need, depends only on your management company.
To reduce the time required to resolve the issue, the application can indicate the time interval for performing the work; it is better to start from the beginning of the heating season (“... I ask you to replace the batteries with new ones / carry out repairs before the start of the heating season .. year”). During the heating season, without emergency reasons, it will be difficult to obtain free work.
If it comes to filing a claim, it is necessary to indicate the deadlines for fulfilling your requirements. If the issue is resolved by the court, the time frame will be set by this body.
What to do?
Situations with heating equipment can be very different, and the procedure differs, depending on the circumstances. But it is important to remember that resident intervention is unacceptable: it is important that professional plumbers .
If the cast iron leaks during the heating season
Who should repair?
If during the heating season one or more of them leak, then this situation may be considered a pre-emergency situation (water as a coolant is under pressure in the heating system, which is fraught with flooding of apartments along the riser), which is the responsibility of the management company to eliminate by replacing the leaky device with a new one.
This statement is also confirmed by the Rules and Regulations of those. exploitation of housing stock, approved. RF PP No. 170.
A leak in a cast iron radiator is a malfunction that must be eliminated immediately after receiving a signal from the residents, using the forces and means of the management company. Having discovered a leak, the apartment owner must, without wasting a minute, notify the organization servicing the apartment building.
The management company, homeowners association, housing office or other service company is obliged to respond immediately and eliminate the problem, preventing the development of a large-scale accident.
An example of a complaint to the management company about replacing heating radiators.
If the batteries leak after turning off the heating
If heating radiators leak after stopping the supply of heat to the MKD, the malfunction should still be eliminated, but not in such a severe mode. A battery leak indicates that water has not been drained from the system . The procedure is as follows:
- Residents report the problem to the management company.
- Management company employees fix the leak, if possible, or change the battery at the expense of funds donated by the owners.
Only a specialist servicing an apartment building can quickly shut off the riser or cut off the heating from the entire entrance.
how to replace the heating riser from housing and communal services in the video:
What difficulties with the law may arise if you carry out the work yourself?
Replacing batteries in an apartment yourself is fraught with:
- disturbance of heat exchange in the house;
- emergency situations;
- fines.
If you replace the batteries without permission, then in case of any accidents, the owner of the apartment will pay for damage to property. Moreover, not only to neighbors, but also to the management company.
Batteries that do not belong to the property of the management company can be replaced only after receiving written permission.
It is better to entrust the work to the employees of your management company, since in further emergency situations they will be responsible for violations in the operation of the heating system of the house. Third-party organizations will not be able to provide the homeowner with legal protection in the event of accidents, including those that arose through no fault of the homeowner.
You may be interested in looking at other articles about heat supply rules, commercial heat energy metering, types and costs of major and other types of repairs of heating systems in an apartment building, heat metering devices, heating season schedule in 2021, reasons for turning off heat supply in an apartment and noise in batteries, temperature charts and water heating standards in heating system radiators, as well as what to do if the battery leaks.
How much will it cost to replace radiators?
There is a category of beneficiaries for whom good discounts are offered. If you are not one of them, then the cost of the work will cost from 2 to 5 thousand rubles, not taking into account the cost of purchasing the batteries themselves. In this case, garbage removal after dismantling and installation is usually included in the bill.
The legislation provides discounts for beneficiaries:
- large families with three or more children;
- disabled people;
- families raising disabled children;
- pensioners,
- veterans of labor, WWII, home front workers.
As a rule, third-party organizations very rarely provide discounts, even if the customer presents a full package of documents. Whereas if the battery replacement is carried out by employees of your management company, then you will receive a discount without delay.
Starting the heating system
In order to avoid rupture of the heating device and water hammer during pressure testing, it is necessary to close the air release valve and all shut-off valves. Wait until the coolant fills the system and the pipelines become hot. Then slowly open the shut-off valve, carefully unscrew the air valve head and hold it open until water appears. This means that the radiator is completely filled with water and there is no air lock. As soon as water appears, the valve will need to be closed.
If the management company does not change emergency batteries
Often the management company offers paid work or tries to shift the replacement of emergency batteries to the owner of the premises. In such a situation, the owner can file a complaint with the Housing Inspectorate. It should indicate that responsible persons are avoiding the performance of direct duties.
Check out the list of organizations where you can complain about the management company.
Price issue
The cost of replacing heating batteries in an apartment depends on several factors:
- the cost of services of an intermediary company ready to dismantle the old battery and install a new radiator;
- Battery Type;
- features of the apartment/house.
On average, the owner will have to pay 4 thousand rubles for installing a new battery. Additionally, the owner will have to spend about 600 rubles more on the purchase of a tap, plugs, plugs, and brackets.
