In this article, I want to tell you how to act if an apartment is flooded due to a burst riser, because in any case, most residential property owners are at a loss when faced with such a situation, they think that they will have to carry out repairs in their apartment at their own expense and compensate for the damage to their neighbors, but this not this way. Yes, there are cases when the negligence of the owners themselves leads to such accidents and breakthroughs, but I will tell you that the owner of the residential premises in which the breakthrough occurred is not always to blame for a riser breakthrough, and then I will tell you about your actions in such a situation.
A pipe burst in the apartment and flooded the neighbors, who is to blame and what to do
Situations where a pipe burst and flooded neighbors happen infrequently, but are always controversial. After all, the question arises who is to blame and who will be responsible for repairing the heating and restoring the normal condition of the neighbors’ apartment. Let's look at this topic in more detail below.
What to do if a hot water pipe bursts
First of all, you need to be careful not to get burned, because the water can be very hot.
Proceed as follows:
- Shut off the riser in your apartment to prevent new water from entering.
- Be sure to turn off the electric meter, as water is highly conductive.
- If the temperature allows, then start collecting water with a rag. This way, neighbors on the lower floor will suffer less.
- Place any container under the damaged pipe - a bucket, basin. Better let the water flow there.
- Call a plumber. If this happens at night, call the emergency service of the city water utility.
By the way, if a plumber changes a part of a pipe, faucet or any other element that has become unusable, then save it. This can help in identifying the causes of the breakthrough.
A heating or water pipe has broken
Make something like a clamp from scrap materials. Take rubber, thick fabric, wire. Wrap the break area and secure with wire using pliers. You can try to cover it with cold welding.
But even if the leak is eliminated, remember that it can recur at any time. And a major overhaul is needed. Just don’t do it yourself, without notifying the service company.
After eliminating the hole, we advise you to take a photograph of the “accident site” and record each drip. This will help you prove your losses. Of course, if the cause of the accident is not your own.
But really, who can be to blame for pipe bursts?
Let's look at the nuances:
- If the leak occurred before the first tap from the riser, then the management company must be responsible. The owner of the apartment is responsible for all other pipes, as well as sewerage.
- The risers and heating radiators are also managed by the management company.
- If the owner repaired them or installed new radiators and did not notify the housing office, then he himself is to blame.
After eliminating the leak, you need to draw up a flood report. This should be done by representatives of the management company. It does not matter whether the plumbing accident occurred in the bathroom, room or kitchen.
The document is drawn up in two copies and must contain the following information:
- address where the accident occurred, date of the incident;
- a description of what happened to the application list of damages;
- probable causes of the breakthrough;
- data of the persons who drew up the act.
Read the document carefully before signing it. Make sure that everything is reflected correctly and completely.
The heated towel rail burst and flooded the neighbors - what to do
The heated towel rail is a common property (see Decree of the Government of the Russian Federation dated August 13, 2006 N 491 with the latest amendments). But different people or organizations may be responsible for its failure:
- If the coil is new, and water flows from it itself, then the fault falls on the manufacturer.
- When the house itself is a new building, the developer will be responsible for the impulse.
- If the coil was old and leaked regularly, then the apartment owner is to blame. After all, he must monitor the safety of not only the pipes, but also the entire room (apartment).
- If the heated towel rail was repaired on time, then the management company is responsible.
However, the guilt of the management company or developer must still be proven. Therefore, get ready for numerous examinations, showdowns, and if the damage is significant, then to court.
How to draw up an act correctly?
This document does not have a specific form; it is drawn up in writing in the presence of witnesses, owners of the property that was flooded and citizens living above, if they are guilty.
The act must reflect:
- date, time when the flooding occurred
- reasons for what happened
- what were the consequences
- assess the approximate extent of the damage or will subsequently have to make an expert assessment.
If the neighbors who flooded you refuse to sign the act, this should also be reflected by signing the victims and witnesses. The act is required in court, in addition to the statement of claim.
Who to call if a pipe burst in an apartment, in a toilet, in an entrance, in a basement, on the street
There are not many options here:
- directly to the plumber - if you have his phone number;
- to the management company - HOA, housing office;
- to the emergency service of the city water canal - if the accident occurred on a weekend, at night, or a pipe burst on the street or in the basement.
But where the leak occurred will determine how the conversation will be framed. Either you report the accident and remind them that they (the management company) will have to pay for the damage, or ask them to send a plumber, who you will pay for the work.
If the breakout is very severe, then you can pay for the repairs out of your own pocket, and then demand reimbursement. You do this simply during a conversation, or in court.
Municipal apartment - solution
Some people have a question about who will have to pay if the housing is rented. The person living in such a dwelling is responsible for routine repairs, but he is not obliged to repair the pipe. Replacing pipes in such a situation is part of a major overhaul, for which the owner must be responsible. The owner can be:
- private person,
- organization,
- public entity, such as a municipality.
ATTENTION! The responsibility of the owner of the residential premises for flooding cannot be disputed, because he owns the dwelling. If you don’t know where to call if there is a water leak, you can contact either the owner directly or the manager. The work will still be carried out by the management company, but it is the owner who finances the organization.
We find out the causes of the accident
What could have caused the leak?
- Manufacturing defect.
- The installation was completed with errors.
- Rust.
- The pipe was damaged during repairs.
- Pressure surge.
What exactly is the cause of the accident can be determined by an expert examination. An examination can be ordered by a court (if the case has reached it), or you can invite an expert yourself. For example, specialists from the Federation of Forensic Experts have the right to conduct an examination.
What to do to avoid such accidents?
No one is immune from pipe bursts. Most of our houses were built during the Soviet Union. Sewage, plumbing and heating systems, of course, wear out. But you can still take some actions yourself:
- Buy all plumbing fixtures, as well as materials for installation, in stores where you will be given a warranty card and a receipt.
- Replace pipes only in the presence of representatives of the housing office.
- Monitor the condition of the pipes and risers in your apartment yourself, even if you rent it.
Battery failure due to the fault of third parties
If the heating system in a residential area breaks due to any actions of third parties, in most cases the property owner will be to blame, who is legally obligated to prevent such situations from occurring. However, if he can collect the evidence necessary for the ship's bailiffs that the battery burst due to the fault of third parties, he may be relieved of responsibility.
Alternatively, an emergency situation may occur if there is a manufacturing defect in the heating system or battery. There are cases when the riser in an apartment leaks due to the fact that the radiator was installed by an inexperienced plumber.
If the heating device fails, do not immediately throw away the damaged elements. They will be useful as evidence in case of poor-quality repairs.
A construction inspection can reveal who is to blame for violating the integrity of the battery, as well as refute or prove the presence of a manufacturing defect.
Who is responsible, repairs and pays?
So, we found out how to behave in the event of a pipe break. Now let's take a closer look at who will pay for the repairs.
If the apartment is municipal
Tenants are required to monitor the condition of the apartment, including the condition of the heating and water supply systems (see Article 179 of the Housing Code). And also do minor repairs. However, replacing pipes is not a minor repair. The owner – the organization, the city administration and others – is responsible for this.
But you need to notify them that the time has come to replace the pipes. After all, they do not live in the apartment and may not know about its condition.
If the breakdown occurred due to your fault, then you pay for all the work, but it can only be carried out by agreement with the owner.
If there are lodgers living in the apartment, tenants
What is described in the previous paragraph also applies to the case if the apartment is rented. The owner is required to carry out major repairs. But those who live in it should still monitor the current state.
However, there are cases when tenants are still to blame. For example, you didn’t close the tap or changed it yourself and incorrectly. Or the hose from the washing machine leaked. Then they themselves will fully compensate for the damage caused by flooding. Moreover, both the owner of the apartment and the neighbors.
By the way, if you are flooded by neighbors on the top floor in a rented apartment, this is a reason to talk to the landlord about reducing the rent. Because living conditions have become much worse. And you will most likely have to eliminate the consequences of the accident (wash the floor and walls, wash and dry things, ventilate the room). If, of course, the apartment is suitable for living after the flood.
When is the owner to blame?
So, we come to the most difficult case. Most often, the interests of several or one apartment owner and the management company collide. At the same time, everyone is trying to prove that the reason for what happened was not in him. Let's look at 2 scenarios.
The first option is when a plumbing equipment breakthrough occurs in your home.
First of all, it is necessary to record the fact of the breakthrough itself. For this purpose, a flood report is drawn up. This document has already been discussed above. One copy of the act must remain with you.
Then we find out the causes of the accident and determine the culprit. If the breakthrough occurred after the first riser of the crane, then you yourself are to blame for the accident, and repairs will be made at your expense (see Article 151 of the Housing Code of the Russian Federation).
If a riser or radiator breaks, then the organization servicing the house should be responsible. But if the owner replaced pipes, risers and other things independently, without notifying the housing office, then the responsibility falls on him.
At the same time, you can expect an attempt on the part of the management company to declare you the culprit in any case. Such attempts must be stopped with the help of expertise.
There are many nuances in determining the causes of the flood. It is better, of course, to seek an examination. And the costs of experts will be covered by the culprit.
By the way, for the neighbors on the lower floor you will automatically be to blame. And your goal is to prove that this is not so.
After this, the damage must be assessed. Both yours and your neighbors. Special companies will carry out an assessment for a fee, issue a corresponding certificate and attach a price list.
If you are still to blame for the incident, then negotiate with your neighbors about compensation for losses. It is better to record the following points in writing:
- what materials will be purchased - wallpaper, paint, etc.;
- their color and composition;
- at what price;
- who exactly will do the repairs (perhaps you can do some of the work yourself);
- How long does it take to complete the repair?
After completing all the work, draw up another act. Record in it that all work was completed on time and in full. In this way, you will protect yourself if your neighbors decide to make additional claims in a few months.
If the management company is the culprit of the flood, then provide them with an estimate of the size of the loss. And try to negotiate peacefully. Although practice shows that this succeeds in very rare cases. Most often the case ends in court.
When going to court, appeal that the management company improperly performed its duties to maintain the apartment building. She is obliged to monitor the condition of the heating system and flush it regularly. This means that consumer rights have been violated.
To file a claim, prepare a package of documents:
- the statement itself;
- copy of passport;
- papers confirming ownership of the apartment;
- bay act;
- act on assessing the cost of damage;
- repair estimate;
- payment receipts for plumber and expert services.
Here you can find a sample of filling out a claim. ⇐
Now let's look at the second case - when you were flooded
If the water does not drip from above, but flows in a stream, then be sure to turn off the electricity in the apartment.
Then go to your neighbors and make sure they are already aware of the breach and have begun to take action. If there is no one at home, you will have to turn off the water in the entire entrance. Do it yourself or contact the management company.
The further procedure is similar to the previous case: draw up a report on the flood, assess the cost of the damage and draw up a repair estimate. Collect receipts or warranty cards confirming the value of the damaged property. And present all this to your neighbors.
If they agree to resolve the situation peacefully, then draw up an indemnity agreement.
If you were refused to pay for the damage, then go to court. The package of necessary documents was given above.
Here you can also fill out a sample. ⇐
Your actions if your neighbors refuse a peaceful settlement of the issue
In this case, the following measures must be taken:
- Record the damage on paper by drawing up a report in the presence of your neighbors; everything must be described in detail
- Also, do not forget that in addition to damaged ceilings, walls and floors, equipment could be damaged, so collect as many photographs as possible of the damage caused.
- You can film the flood so that the scale of what happened can be clearly seen, take photographs
Important!! If the management company is still to blame, then most likely the best solution to the problem is to go to court, but there you will have to deal with their trained lawyer who will prove their innocence in every possible way.
Who should I complain to about the inaction of utility companies?
It is no secret that employees of DUKs or DEZs do not always respond to residents’ complaints in a timely manner. Meanwhile, their main responsibility is to create a comfortable living environment for residents in the entrusted territory. It is their work that citizens pay for on a monthly basis using housing and communal services receipts. Since utility companies are service providers, Rospotrebnadzor is responsible for monitoring the quality of their provision. The owner of the property also monitors the work of the DUK. If the company does not fulfill its obligations, he has the right to refuse its services.
