Who should repair the loggia? The balcony is in disrepair: who should repair it? In what cases can you repair a balcony slab yourself?

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. Some contradictions can be found in legislation and other legal acts 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:

• The homeowners association or management company must monitor the condition of the load-bearing balcony slab, doors and windows of the entrance group, 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 apartment owner can carry out a major overhaul of the balcony on his 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 the necessary maintenance was not provided and the destruction of the balcony slab was 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.

Mostly, damage occurs such as crumbling of the concrete coating, corrosion of metal parts, chipping of part of the 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 carry out the repair work on the balcony in the house must be determined 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.

Most residential buildings are in poor condition; to avoid destruction of the building and prevent human casualties, it is necessary to promptly repair and restore damaged areas. The balconies in an apartment building are especially in poor condition, putting at risk not only the residents of the apartment itself, but also people passing nearby.

Balcony and repairs: at whose expense is it carried out?

The question of who should repair balconies in an apartment building does not have a clear answer; in some articles the housing and communal services are indicated, in others - the residents of the building or the HOA.

Load-bearing structures are repaired by housing and communal services, these include:

• Walls of a residential building;
• Foundation;
• Overlap;
• Enclosing columns and structures.

Properly carried out repair work significantly extends the life of the balcony and avoids human casualties.

Namely:

1. Strengthening the frame of a reinforced concrete slab will make it possible to turn a loggia into a small place for relaxation;
2. Properly done waterproofing work will prevent the accumulation of moisture, keeping the frame and concrete dry and strong;
3. Installing double-glazed windows will make the balcony warm; you can place flowers in it, creating a winter garden, and relax on a rainy day, reading or doing handicrafts.

Based on the housing code, which specifies that common places are those used by several families, the balcony is private property, so the owners must repair it in an apartment building.

At whose expense is the repair of balconies carried out (video)

Who should repair a balcony in a privatized apartment

Even if an apartment with an emergency balcony is privatized, the repair of the load-bearing slab and wall of the house must be carried out by the housing and communal services. If the owner of the apartment is engaged in such repair work and buys materials at his own expense, then it is necessary to keep receipts and receipts, this will be direct evidence of the money spent.

The owner of a privatized apartment is assigned certain responsibilities that he must comply with:

• Be sure to replace damaged windows, window frames, destroyed or damaged doors;
• Insulate the parapet;
• It is necessary to remove destructive factors - mold, rust;
• Balcony openings need to be insulated - this will save not only resources, but also money;
• Paint facades and cover windows and balcony elements with specialized anti-rot and anti-corrosion agents;
• Monitor the condition of external fasteners on the balcony.

Housing and communal services, in turn, are obliged:

1. Carry out regular inspections and checks of balconies and load-bearing slabs;
2. If a breakdown or emergency condition is detected, measures must be immediately taken to eliminate it;
3. Conduct instructions on safety precautions and proper operation of loggias;
4. Seal the entrance to the emergency area to avoid human casualties.

Having receipts for payment, you can safely demand that the housing and communal services fulfill their obligations, which are specified in the housing code; if such requests are ignored, a claim will be filed in court, where all statements and evidence of guilt or innocence will be considered.

Who is responsible for repairing balconies?

The owner of the apartment must repair the balconies, and the housing and communal services department must repair the bottom slab.

In order not to violate the law, it is necessary for all apartment residents to pay monthly expenses for cleaning, repairs to maintain the house, and garbage removal.

Minor repair work on the load-bearing slab - if it is leaking or small cracks are visible, you can do it yourself; you need to prepare a cement mortar by taking one part cement and 3 parts sand, diluting it with water to the desired consistency. To prevent subsequent destruction of the loggia, the owner must waterproof it. For this, rubber-bitumen mastic or roofing felt is used. If the damage on the slab is quite severe and the reinforcement is visible, you need to clean the areas from dust and dirt, and fill the resulting voids with sand-cement mortar, these simple techniques will help preserve the condition of the balcony and the load-bearing slab for longer, and also protect the lives of not only the residents of the apartment, but and people passing by.

Housing and communal services application for balcony repair: submission rules

In order for repair work to be carried out, you must contact the utility service and write an application addressed to the director of the company, in two copies. The boss is obliged to sign them, and the person leaves one copy for himself and for the second company. In case of refusal, this statement will be direct evidence that there was an appeal to the governing bodies, and it was ignored.

To ensure that residents’ appeals are not ignored, it is necessary to recognize the loggia as an emergency:

• If the concrete coating is excessively damaged and it cannot be corrected by minor repairs on your own;
• Excessive erosion of metal elements and structures is evident;

• When carrying out waterproofing work, the condition of the balcony slab did not improve;
• The cornice is excessively loose or the railings on the balcony are torn down.

To increase the legal force of his statement, the owner must attach photographs showing the damage to the balcony slab in detail, as well as attach written statements from neighbors who act as witnesses.

This must be supplemented with an explanatory note, which sets out the requirements of the apartment owner, the stated facts and the presence of witnesses.

If the response is unsatisfactory, it is necessary to save all responses received in writing; experts advise correspondence exclusively by registered letters, which are recorded at the post office. After complying with all the rules, and in the event of legal proceedings, it will be much easier to prove your case.

If the application and the courts did not receive the necessary response, and repairs were not made, you need to submit copies of the documents to the local or regional administration, and then to the prosecutor's office. In the case of repair and restoration work carried out at the owner’s expense, you must retain documents confirming the purchase of the necessary materials, payment for the work performed, and demand compensation for the entire amount from the housing and communal services department.

Who should repair balconies (video)

Knowledge of the housing code, patience and repeated requests for help from management companies will allow you to achieve the desired result and get a properly repaired balcony slab that will withstand heavy loads and will serve for many years. If you involve neighbors with identical problems, and constantly remind the housing and communal services of the need to comply with the agreements specified in the law, you can achieve repair work.

Attention, TODAY only!

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 comply with the correct operating conditions, then they must be responsible for all the consequences. Judicial practice can be applied.

Answer

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

The organization managing an apartment building is obliged to carry out work to properly maintain the facades of apartment buildings, including balconies and elements of enclosing structures. This is provided for in clause 9 of the minimum list of services and work necessary to ensure proper maintenance of common property in an apartment building, approved by Decree of the Government of the Russian Federation of 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.

The rules and regulations for the technical operation of the housing stock, approved by the resolution of the State Construction Committee of Russia dated September 27, 2003, are currently in force and are advisory in nature, since federal executive authorities have the right to issue only advisory acts 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, was approved by the Decree of the Government of the 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.

In recent years, disagreements in housing issues between owners of privatized apartments and management organizations have become more acutely resolved. One of these controversial issues is who should repair the balcony in a privatized apartment?

Object of dispute

With the beginning of the privatization of the housing stock, many unclear situations began to arise regarding the ownership of a particular building infrastructure object. One of the controversial objects were apartment balconies. Starting from the late 50s, large-scale construction of residential buildings – the so-called “Khrushchev” buildings – began in all cities of the country. In the 70s and 80s they were replaced by houses of “Brezhnev” architecture. To date, a significant part of this mass development is in emergency or pre-emergency condition.

Many of these homes have not seen major renovations since they were built. The result is a leaking roof, worn-out pipelines, and dilapidated balconies. If everything is more or less clear about the “ownership” of roofs and pipes, then balconies in an apartment building still cause controversy. According to some representatives of management organizations, since they are an integral part of the apartment and are in the sole use of the owner of the privatized housing, the tenant should bear all responsibility for their maintenance and repairs.

Collapsing balconies can cause accidents with serious consequences

On the other hand, poor-quality repairs of balconies can cause accidents with serious consequences. Therefore, professional construction organizations that have all the relevant certificates and licenses must repair balconies. To clarify this issue, a number of regulations were adopted defining the “legal status” of balconies and loggias in an apartment building.

To succeed in the issue under study, it is necessary to study in advance the legislation regulating aspects of liability for this type of work.

"Laws on balconies"

The adoption of relevant regulations became necessary by the early 2000s, when the balconies of old buildings that had not been repaired by anyone began to simply fall on the heads of passers-by. Separate “balcony” articles appeared in the Housing Code and Government Decree No. 491 (2006). Paradoxical as it may seem, these by-laws could not bring complete clarity to this difficult issue.

This happened due to the obvious inconsistency between these two laws. According to the article of the Housing Code, this architectural structure is not part of the common property, while Decree No. 491, on the contrary, defines it as part of the facade - that is, common property. As a result, each interested party - housing departments (housing associations, management companies) and residents - began to interpret the legislation in their favor. In order to put an end to these never-ending administrative disputes and litigation once and for all, it was necessary to adopt additions and amendments, thanks to which the responsibilities of the owners and the management company were clearly delineated.

Rules for maintaining common property

The management company or HOA is responsible for the load-bearing balcony slab, railings, doors and windows of the entrance group, if the balcony is a public place

1. Load-bearing balcony slab.
2. Railings, doors and windows of the entrance group, if the balcony is a common area.

The management organization must be responsible for the safe operation and timely repair of the listed structures.

In charge of the apartment owners: roof and canopy, doors and window group, railings and external glazing

The owners of a privatized apartment are in charge of the following elements of the balcony design:

1. Roof and canopy.
2. Doors and window group.
3. Fencing railings and external glazing.

The owner of the balcony, in accordance with the standards and operation of housing, must, as necessary, carry out the following repair work:

• Ensure the safety of the plaster and concrete base. In case of their peeling and damage, he is obliged to restore the protective layer.
• Metal railings and metal supporting elements must be periodically painted with water-repellent compounds.
• Wooden frames must be periodically treated with antiseptic impregnations or water-repellent paint. For details, watch this video:

Determining the need for repair work

The need for repair work is usually determined visually. Repair work must be carried out if the following signs are present:

Repair work on fences, canopies and other privately managed elements is carried out at the expense of the apartment residents. The work can be carried out either by housing department employees or by any other company of the relevant profile.

If, in the opinion of the tenant, it is necessary to repair the load-bearing slab, he must contact the management organization with a written request to repair the balcony. Based on this application, a competent commission is appointed to carry out a technical inspection of the structure and determine the need for repair work. Based on the results of the inspection, representatives of the housing department (HOA) draw up an official report. If the owner of the apartment is a member of the HOA, then the decision on the need for repairs is put up for discussion. Based on the act, a decision is made (or not) to allocate money for work. According to the Housing Code, a decision can be approved by no less than 2/3 of the total number of votes.

Independent examination

If the housing department or homeowners association does not find serious reasons for carrying out repair work, the owner of a dangerous balcony has every right to appeal to administrative or judicial authorities. In this case, you will have to make an independent examination of the condition of the supporting structure; you can also provide photos and video materials, testimonies of neighbors and household members. However, litigation can last more than one month, or even a year. During this time, the emergency balcony may simply collapse. For information on who should carry out repairs to common property and how, watch this video:

Therefore, a more rational option is to carry out repairs from your own funds. First, you will also need to obtain independent expert data. After this, you should hire construction specialists licensed to carry out such work.
All receipts and receipts should be kept, as well as the contract for the provision of construction and repair services. With these documents, you should go to court with a demand to recover the money spent from the management company. As a result, you get a renovated balcony and get your money back – if you’re lucky, then with compensation for moral damages.

This is all true if the house is old. But if a balcony in a new building is leaking, the procedure should be as follows:

What to do if the balcony is leaking?:

As a rule, most properties are rented under 214-FZ. However: 214 law does not guarantee against low quality construction work. The question arises: what to do if, after renting out an apartment in a new building, the balcony begins to leak?
In the same 214-FZ there is Art. 7 “Quality guarantees provided for in the contract”, in accordance with it, the apartment must be transferred with the quality stipulated by the DDU agreement, the requirements of urban planning regulations and building codes.
And if the apartment does not meet the quality requirements, then the developer is obliged to eliminate all the shortcomings or compensate the costs to the shareholder if he eliminates the shortcomings himself.

In order to achieve success if the balcony is leaking, let’s figure out step by step what needs to be done and in what order. In fact, everything is very simple:

STEP 1 – Review the contract with the developer, clarify whether warranty obligations apply to eliminate construction defects. If they still work, go to STEP 2.
In accordance with Art. 7 Federal Law “On participation in shared construction of apartment buildings and other real estate and on amendments to certain legislative acts of the Russian Federation” dated December 30, 2004 No. 214-FZ (hereinafter referred to as “Federal Law dated December 30, 2004 No. 214-FZ”) the developer is obliged transfer to the participant in shared construction a shared construction project, the quality of which complies with the terms of the contract, the requirements of technical regulations, design documentation and urban planning regulations, as well as other mandatory requirements; a participant in shared construction has the right to present claims to the developer in connection with the inadequate quality of the shared construction project, provided that such quality is identified during the warranty period.
The warranty period for the apartment is established by the contract and cannot be less than 5 years.

STEP-2 - Draw up an Apartment Inspection Report, which must be drawn up and signed by a representative of the management company or HOA.

The Report must indicate all the shortcomings made by the builders, describe the possible cause of the leak, the location of the leak, and preferably attach photographs.

STEP-3 – Prepare and send to the developer a claim containing a requirement to eliminate the deficiencies, making sure to indicate the period during which the leaks must be eliminated. The claim is accompanied by an Apartment Inspection Certificate.

General rules for filing a claim.
Firstly, it is necessary to comply with the requirements established by the contract - there is probably a section in your contract that regulates the procedure for submitting quality claims, incl. the address and method of filing the claim are indicated. We recommend that you further duplicate the claim by sending it to the developer’s address (indicated at the end of the contract) by registered mail with return receipt requested.
The claim is filed in the name of the head of the organization - the developer.
The claim must refer to the number and date of the contract with the developer, indicate the address of the apartment, the essence of your requirements, as well as the deadline for eliminating the deficiencies (the period must be reasonable, for example, 5 working days).
Why is it so important to specify a deadline? In accordance with paragraph 9 of Art. 4 of the Federal Law of December 30, 2004 No. 214-FZ to relations arising from an agreement for participation in shared construction, concluded by a citizen for the purpose of acquiring ownership of residential premises and other real estate exclusively for personal, family, household, household and other needs not related to with the implementation of entrepreneurial activities, the application of legislation on the protection of consumer rights is allowed.
In accordance with Art. 30 of the Law on the Protection of Consumer Rights, for violation of the deadlines for eliminating deficiencies in the work performed (service provided), the contractor pays the consumer a penalty (penalty) for each day of delay in the amount of 3% of the price of the work (provision of the service), and if the price of the work (provision of the service) the contract for the performance of work (rendering services) is not determined - the total price of the order.
In the future, in the event of a legal dispute, the court, when satisfying the demand for forced collection of the penalty, will additionally collect from the developer in favor of the consumer a fine of 50% of its amount.
Be sure to include your mailing address in your claim, preferably a contact phone number.

STEP-4 - The developer is obliged to eliminate all deficiencies (leaks) within the prescribed period. It is necessary to coordinate the arrival time of the repair team.

IMPORTANT: Very often the developer tries to minimize his costs and simply fills the balcony or loggia with sealant. In some cases, this may help if the leak is small. But:
If there is a leak in the opening part, this may lead to the fact that you cannot open it or it will not close well.
If the leak is not related to your balcony (for example, the leak location is higher), the sealant will not help. The developer must fix the problem and replace several pieces of glazing, including rubber seals.

STEP-5 – If the developer does not correct the deficiencies and/or leaks continue.

It is necessary to prepare and send to the developer a demand for payment of a penalty. Such a demand is drawn up according to the same rules as a claim and is sent by registered mail with acknowledgment of delivery.
You have the right to go to court with a demand to oblige the developer to carry out the necessary work to eliminate deficiencies (leaks), and also to recover from the developer:
— the cost of damaged property, if there was any on the balcony/loggia at the time of the leak;
— penalty for violation of deadlines for eliminating deficiencies (leaks);
— fine for failure to pay the penalty voluntarily;
- monetary compensation for moral damage caused.
It must be taken into account that an examination may be required to determine the actual causes of leaks. Such an examination can be carried out before going to court, or as part of the consideration of a legal dispute. The costs of conducting the examination, if the requirements for eliminating deficiencies (leaks) are justified, are borne by the developer.
Since the claim is related to the protection of consumer rights, the plaintiff is exempt from paying state duty, or has a preference for paying it (depending on the price of the claim).
When satisfying claims in court, the developer bears the cost of paying for the services of your representative.
An approximate list of appendices to the statement of claim (in copies): agreement for participation in shared construction; act of acceptance and transfer of the apartment; inspection (inspection) reports; claims; requirement to pay a penalty; postal receipts or notifications of delivery - evidence of sending correspondence to the developer; expert opinion (if available); photos; a petition for reimbursement of expenses for the services of a representative and distribution of legal expenses; statement of claim with attachments – kit for the developer (defendant).