What is included in a major balcony renovation? Who should repair the balcony?

Tell me what SNIPS there are for balconies: how should the owners operate them if the house is more than 40 years old? Is it possible to issue an order to the owner to vacate the balcony and remove unauthorized glazing? And where is it written about balconies, if in the agreement with the owners, according to the minimum list 290, there is no Resolution of this paragraph, and according to 491, balcony slabs are included in the common property, but their repairs are not current, but major repairs? How to explain to the owner that these balcony slabs require major repairs, and that the owners themselves must properly maintain and operate them, and if they did not the right conditions operation, then they must be held accountable for all consequences. Judicial practice can be applied.

Answer

Balconies apartment building, including the enclosing structures of the balcony are elements of the facade of an apartment building.

The organization managing the apartment building is obliged to carry out work to properly maintain the facades apartment buildings, including balconies and elements of enclosing structures. This is provided for in clause 9 of the minimum list of services and works necessary to ensure proper maintenance of common property in apartment building, approved by Decree of the Government of the Russian Federation dated April 3, 2013 No. 290.

As part of these responsibilities, the organization managing the apartment building carries out work on repairing balconies in apartment buildings.

Rules and regulations technical operation housing stock, approved by the resolution of the State Construction Committee of Russia dated September 27, 2003, are currently in force and are of a recommendatory nature, since federal executive authorities have the right to issue acts of only a recommendatory nature in the field of technical regulation. This is provided for in Part 3 of Art. 4 of the Federal Law of December 27, 2002 No. 184-FZ “On Technical Regulation”. This position is confirmed by letter from the Ministry of Regional Development of Russia dated October 15, 2010 No. 10992-08/IP-OG.

Glazing of balconies is associated with changes in the architectural appearance of the house, changes in the design of facades and is carried out in agreement with the authorized bodies.

Details in the help system material Management« MKD» : Repair of balconies as part of ongoing renovations

Who is responsible for major repairs of a balcony in an apartment building?

Initially, in order to determine who is responsible for repairing the balcony, it is necessary to understand whether such a balcony or its individual elements are part of the common property in the apartment building.

At the same time, the composition of the minimum list of services and works necessary to ensure the proper maintenance of common property in an apartment building, the procedure for their provision and implementation is approved by a Government Resolution Russian Federation dated April 3, 2013.

Nowadays, situations often arise when owners of premises in apartment buildings arbitrarily make changes to the facades of their houses by replacing window frames with frames of a different color and configuration, installing compression units of air conditioning systems, glazing balconies, painting the facade within their premises, etc.

These measures are related to changing the architectural appearance of the house, making changes to the design of the facades and must be carried out in agreement with the authorized bodies.

• Direct management of apartment buildings in the new legal conditions

However, as practice shows, this is rarely done, and therefore housing supervision authorities issue orders and hold management organizations accountable, although they have nothing to do with these activities.

In such cases, the question arises, who should be held responsible for these violations?

Clause 10 of the Rules for the maintenance of common property in an apartment building, approved by Decree of the Government of the Russian Federation of August 13, 2006 No. 491, entrusts the person responsible for the maintenance and repair of common property in an apartment building with the responsibility of maintaining the common property in an apartment building in a condition that ensures the maintenance of the architectural appearance MKD in accordance with the design documentation for the construction or reconstruction of MKD.

The distribution of responsibilities for the maintenance and repair of property in apartment buildings raises a lot of controversy. If you need to put up wallpaper or change the flooring inside the apartment, then there are no problems. Repairing structures such as balconies or loggias is another matter.

If the balcony is in poor condition, it not only causes discomfort to the residents of the apartment, but can also pose a threat to other persons. Therefore, the problem of their content is relevant. Let's look at who should repair balconies in an apartment building below.

Who should repair the balcony?

According to the rules of civil law, the owner is obliged to maintain the proper condition of the property. The concept of maintenance also includes the repair of property if the need arises.

In order to understand who is responsible for maintaining the balconies, you need to find out what kind of property they belong to. Residential premises in an apartment building (i.e., an apartment building) can be municipally owned or privately owned. Everything that is intended for joint use belongs to common property.

According to the Housing Code (Article 36), roofs enclosing load-bearing, as well as non-load-bearing structures in apartment buildings, are classified as common property.

The code says nothing specifically about balconies. Therefore, from its provisions it is not clear what the affiliation of these structures is. This issue is regulated by another document. The government, in Resolution No. 491 of August 13, 2006, determines a complete list of property common to the entire apartment building. This includes balcony slabs, as well as the walls to which they adjoin. They are load-bearing structures that are part of the common property.

Consequently, the repair of balcony slabs should be carried out at the expense of funds allocated by all owners for the maintenance of the house, by the forces of the selected management company or HOA (of course, with the involvement of other specialists). Other elements of balconies (canopies, doors leading to the apartment, double-glazed windows) are the private property of the residents. Therefore, the owners of an apartment with a balcony should be responsible for their maintenance.

In an apartment building

Repair work on various elements of the balcony in the house must be carried out by the persons who own them. Balcony slabs are common property for all owners of apartments in apartment buildings.

Therefore, the restoration of the balcony slab will be carried out by organizations chosen by the owners to maintain the apartment building.

They can do this themselves or engage specialized companies for this purpose. It is assumed that other parts of the balconies (by law) will be repaired by apartment owners themselves. These may be private individuals or the municipality, depending on the presence or absence of privatization of a particular housing. Balcony repairs by the management company or HOA in specified cases are not carried out!

Who should repair a balcony in a privatized apartment according to the law?

As mentioned above, repairs (both major and ordinary) of a balcony in a privatized apartment will be carried out either by its owners or by the management organization (involving a contractor). It depends on what kind of structure needs restoration.

Elements of balconies that are not common are subject to repair by residents of privatized premises at their own expense.

At whose expense is the repair carried out?

Repair work is not free. The services of the organization carrying out the repairs must be paid for. This raises the question of who will bear the cost of paying for repairs.

In fact, in any case, the costs are borne by the owners of apartments in apartment buildings.

Repairs to the canopy over the balcony or its other elements related to private property are paid by the owner of the apartment.

Where to go if the balcony is in disrepair

The condition of your balcony can threaten the health and life of the apartment residents themselves, as well as other persons.

Usually it is the condition of the load-bearing elements of the balcony, its slab, that is unsafe. Therefore, to carry out repairs, you should contact the management company (HOA).

In your application, you should indicate that the balcony is in a dangerous condition. The management organization is obliged to respond to this application, appear for inspection, and draw up a report on its results. If, based on the results of the inspection, the unsatisfactory condition of the structure is confirmed, then the inspection must be followed by repair work. Before work is carried out, access to the balcony must be closed.

Repairing the stove is the direct responsibility of management organizations. If no action is taken by the management company, then you can contact the housing inspectorate or local administration.

Because the emergency balcony requires quick repairs, you can do it yourself. And then demand reimbursement of your expenses from the management organization. The main thing is to keep all documents confirming the amount of these expenses. If you refuse to reimburse the costs incurred voluntarily, you should demand recovery through the court.

You can learn more about where to go if an accident threatens or the balcony is in unsatisfactory condition from the video.

Balcony overhaul

Sometimes the condition of balconies requires very serious repair work. Such work will be classified as capital work.

For example, a major overhaul may involve replacing a balcony slab or restoring it.

If the repair was not planned in advance, then the issue of its implementation should be raised at general meeting residents of apartment buildings. Major repairs of the balcony are carried out at the expense of funds allocated by the owners for these purposes.

Who repairs the canopies over the balcony?

All restoration and repair work on balcony canopies must be carried out by apartment owners.

Accordingly, they organize and pay for this work themselves. They can do them in-house or hire third-party workers.

Repair and restoration of balcony slabs

The organizations responsible for the house are required to repair balcony slabs. They carry out this work at the expense of funds contributed by all residents of the apartment complex on a monthly basis. At the same time, their responsibilities include promptly identifying damage to this property and carrying out its restoration.

Inspections of common property must be carried out twice a year. Most often, such examinations are carried out in the spring months and in the autumn. If the management company evades its obligations, you can file a complaint against it with the municipality or housing inspection.

Application for repair: how to submit correctly, sample

Drawing up and submitting applications for repairs to the management company can become a real headache for residents of apartment buildings. In order to encourage the management company to repair a collapsing balcony, it is important to write the document correctly.

It must contain the details and data of the applicant and the management company, a description of the problem, the requirement for repairs and its justification. The application is drawn up in several copies and signed by the applicant or applicants. In an emergency, it is possible to draw up a collective statement. It is advisable to attach photographs, documents indicating the need for repairs, and explanations from the other residents of the house to the application.

⇒ A sample application requesting repairs is provided at.

You can submit your application in person at the management company office or by sending it by mail. It is better to send correspondence by registered mail with acknowledgment of receipt.

An application for balcony repair (by law) must be considered within a period not exceeding one month. The response to the application will also be sent in writing.

The refusal of the management company to carry out repair work or the absence of any response may become the basis for a complaint from residents.

Today you can find many old houses with unstable structures, in particular with collapsing balconies. In connection with this problem, the question often arises: who should repair the balcony in a privatized apartment? First of all, the homeowner must know what exactly is common property in a high-rise building.

Before repairing a balcony, you need to find out whether it is a common property of the house or not. In legislation and others legal acts There are some contradictions on this issue.

As soon as an apartment is privatized, it immediately becomes the property of the resident. However, there is some disagreement about the balcony, because it is part of the apartment. According to the Resolution, it is customary to classify common property as:

1. Load-bearing structures, which include floor slabs, foundations, load-bearing walls and balcony slabs.
2. Load-bearing structures of an apartment building, which are used by residents of several apartments (windows and doors of common balconies, parapets, railings, etc.).

Based on this information, the owner has two balconies.

Rules for maintaining common property

The owner of the privatized property and the housing sector have their own areas of responsibility:

• HOA or Management Company must monitor the condition of the load-bearing balcony slab, entrance doors and windows, as well as railings (if the balcony is intended for general use).
• Utilities must ensure safe operation and necessary repairs of these structures.
• Apartment owners control such parts of the balcony as the roof and canopy, external glazing and enclosing railings, as well as doors and window group.

It is worth noting that if the balcony structure is located on the top floor, then the canopy and roof are the property of the HOA. In this case, if any of these structures leak, then repairs are carried out by utility services.

If the balcony slab is found to be in poor condition, then the repairs must be carried out by the management company.

ATTENTION! In case of refusal to provide such a service for any reason, and the destructive process of the balcony slab is dangerous, the owner of the apartment can carry out major renovation balcony on your own. Then file a claim in court to recover the personal expenses incurred.

Responsibilities of the apartment owner

The owner of a privatized apartment is obliged to perform the following actions:

1. Carry out periodic checks to confirm the integrity of fastening units.
2. Destroy fungus and mold from the balcony.
3. Protect metal fences from corrosion.
4. Strengthen individual parts of the balcony structure (entrance opening, parapet).
5. Carry out timely painting of the foundation.

If necessary care there was no destruction of the balcony slab due to the fault of the owner, then he is personally responsible for the condition of the structure. Therefore, you will have to carry out repairs yourself.

Must Management company

Every month each apartment owner contributes a certain part of his money for major repairs. The housing sector must use these funds for their intended purpose, that is, for the capital restoration of a residential building.

If the balcony is in disrepair, then money should be allocated for its restoration. The homeowners association repairs emergency areas first, so that they do not have to bear responsibility for the consequences in the future.

ATTENTION! The main action that should be carried out by utility services is a regular inspection of housing and communal services or HOA balconies in order to identify structural damage. Control is carried out at least twice a year.

According to the document that determines the actions of housing workers, utility workers must:

• Provide information to the residents of the house about their rights and responsibilities, as well as conduct explanatory conversations on the maintenance of the property.
• Check balconies in an apartment building and prevent them from being piled up with heavy weight.
• If initial destructive processes are recorded, take immediate repair measures.

If a slab or part of the balcony façade is destroyed, then it does not matter whether it is the common property of the apartment building or whether it is considered the property of the apartment owner. Anyway These parts of the balcony are under the control of the municipality, and repairs should be carried out by housing and communal services.

Recognition of the condition of the balcony as emergency

The first thing you need to figure out is whether that part of the balcony that should be repaired by the housing and communal services or HOA is really destroyed.

Mainly such damage occurs as crumbling of the concrete coating, corrosion of metal parts, chipping of parts concrete slab or improper installation of the drainage network. As a result, a constant collection of water or snow is formed, and the balcony leaks.

When an emergency is obvious and all the evidence has been collected, a house-wide meeting is held and a vote is taken. Before him, an inspection report is first drawn up, which must be signed by the utility services.

IMPORTANT! If ⅔ of the residents recognize the object as destroyed, then it is put next in line for repairs.

The maximum period for a response from the moment of its registration should not exceed one month. It must be noted in it that the destruction of the balcony structure is dangerous for the lives of residents.

Who exactly should conduct renovation work balcony in the house, it is necessary to understand individually in each case. Factors such as the age of the residential building, the maintenance of the structure, and the responsibilities of the parties are taken into account.

The question of who should repair the balcony often becomes the subject of disputes between apartment owners and management companies. The difficulty here lies in the distribution of ownership rights to individual elements of the balconies. In this article we will look in detail this topic and determine in what cases repairs should be carried out by the management company, as well as what rules it is guided by.

If the apartment has a balcony, ownership of it is divided as follows:

• the owner of the property owns the canopy, roof and parapet;
• is in common property bearing wall and a balcony slab protruding from it.

This rule is used to determine whether the management company services the apartment’s balcony. If the condition of the balcony slab is considered to be in an emergency, then the management company will be responsible for its restoration. The owner of the home is responsible for the remaining elements. The owner of the apartment carries out the following work:

• replaces damaged doors, window frames and broken glass;
• strengthens parapets;
• insulates balcony openings;
• removes mold, traces of corrosion and other destructive factors of natural origin;
• paints facades, coats balcony elements with compounds that prevent rusting and rotting;
• monitors the condition of external fasteners located inside the balcony.

Responsibilities of the management authority for the repair and maintenance of balcony slabs

The balcony slab is considered an enclosing load-bearing structure and is included in the list of common property of the house. She happens to be structural element building, which ensures its stability and strength. This is determined in subparagraph “c” of paragraph 2 of the rules approved by the RF Government No. 491 of 08/13/06.

Here you need to understand that the balcony slab is not only an enclosing structure. At the same time, it represents the floor of the balcony room, which is used by the owners. The management organization is responsible for the condition of this element of common property.

The balcony slab (also known as the balcony floor) wears out and collapses over time. Its condition is influenced by the quality of construction and operating features. The need for repair work is determined by the degree of destruction of the balcony slab. In any case, balcony repairs are carried out not at the expense of the management company, but with funds raised by the residents. The only difference here is how exactly the process will be organized. If the damage is relatively minor, then the balcony can be restored using funds that are donated for the maintenance and repair of common property.

In case of serious wear and disrepair, major repairs are carried out. Contributions for it are accumulated by the owners. The decision to carry out repair work is made at a general building meeting.

Balcony maintenance rules and regulations

The answer to the question of who is responsible for the balcony in an apartment building is clear: both parties bear responsibility here - both the management organization and the owner of the apartment. At the same time, the management company not only carries out repairs based on the fact of destruction, but also monitors the condition. Inspections are carried out regularly according to regulations - twice a year in spring and autumn.

Resolution of the State Construction Committee of the Russian Federation No. 170 dated September 27, 2003 describes the rules by which the housing stock, including balconies, is operated. From this normative document It is worth highlighting several significant responsibilities of management companies.

1. Periodic inspection of balconies to determine the characteristics of their use. Residents should be required to keep these premises clean and not to clutter them with heavy objects (furniture, boxes, faulty household appliances and so on).
2. Instructing apartment owners on how balconies are used and how responsibility for their condition is distributed. In particular, people need to be explained who should repair a balcony in an apartment building. This will eliminate misunderstandings and unnecessary disputes in cases where specific restoration work is required.
3. If damage is detected on the facade or in the interior of the balcony, then employees of the management organization need to quickly take measures to prevent further deterioration of the emergency condition. The management company must take care to prevent the structure from causing damage to the health of people or their property.
4. Preventive measures include sealing and closing the entrance to the emergency facility. At the same time, a preliminary briefing is carried out for the apartment residents and the necessary information is collected in order to begin repair work on the project.

Procedure

We found out who should repair balcony slabs if the balcony collapses. This work is carried out by an organization engaged in the maintenance of common property. The destruction of a balcony slab is an emergency. To admit this element If a building is damaged and to organize its restoration, it is necessary to go through a certain procedure.

If the management company did not promptly detect the deterioration of the condition of the balcony slab, then the residents of the building can report this. Obvious damage includes the following:

• damaged layer of concrete pavement;
• significant damage to the structure by rust;
• broken waterproofing of drainage drains;
• damaged or completely missing cornices and railings.

Upon receipt of information about the condition of the balcony slab, the management organization inspects it and draws up a report. It describes in detail the current state of the structure. If it is possible to establish the causes of the destruction, then they are recorded in the act.

Based on the results of the inspection, the scale of the necessary work is assessed and a plan for its implementation is prepared. In particular, the source of financing is determined - this could be funds contributed for the maintenance and repair of apartment buildings or contributions from residents for major repairs.

Responsibility for slab collapse

From time to time, news feeds contain reports of collapses of balcony elements. If glazing parts, part of a parapet or a metal fence fall, the owner of the apartment bears responsibility.

The balcony slab is a common property, so the management company is fully responsible for its condition. In the event of a collapse, proceedings are usually initiated, the outcome of which depends on the background of the issue. A negative scenario for the management company is the presence of repeated unanswered requests from residents asking them to take action and repair the stove.

The management of experienced management organizations is insured in such cases. When receiving a signal about the destruction of the slab, you need to quickly assess the condition, draw up a repair estimate and present it to the owners for approval within the framework of the OSS. If the residents agree, they collect funds to pay for the work. If repairs are refused, the management company has a reason to take security measures - closing and sealing entrances, limiting access to the facility.