home Boiler room Accused of flooding the apartment. Valuation of an apartment bay - how not to lose the right to compensation for damage? Payments established by law when filling an apartment

Accused of flooding the apartment. Valuation of an apartment bay - how not to lose the right to compensation for damage? Payments established by law when filling an apartment

Conflicts between neighbors in an apartment building arise for various reasons. The most common motive for disputes is the flooding of the apartment and the valuables in it. But flooding of an apartment can also occur due to the fault of the management company or the negligence of the owner himself. In this article we will cover all the nuances of this topic and tell you what to do in such a situation.

Causes of apartment flooding

Flooding of an apartment, as noted above, has a limited range of causes. The main one is the carelessness of the residents. Flooding can be caused by an open tap in the apartment above or, for example, a clogged sink. Breakdowns of the toilet, leaks of the washing machine or dishwasher, bursts of sewer pipes, malfunctions of batteries, and violation of the tightness of joints are also possible. If all these problems appear, the neighbor below will certainly get his ceiling and walls wet, along with his furniture and other property.

The worst situation is when problems are associated with water or heating pipes. Here, repairing the pipe yourself is possible only if the breakdown is minor. This requires access to the pipeline, which is not always realistic. There have been cases when a pipe burst while the owners were away from the apartment. The only way out was to shut off the water supply riser.

Note that it is the management company (MC) or other enterprise servicing the apartment building that is responsible for the condition of the pipes at the facility. The organization’s responsibilities must certainly include control over the state of communications.

Flooding of the apartment by neighbors

How does a homeowner in an apartment building react in the event of flooding? As a rule, he panics. However, remaining calm is essential. Actions in case of flooding of an apartment, their literacy and efficiency become important. It is necessary to stop the flooding as soon as possible and record the fact that damage has been caused.

What should the owner do to stop the apartment from flooding?

Go up to the homeowners from above and report what happened. If the neighbors are there, the flood will be stopped.
If there are no apartment owners in the building, it is necessary to shut off the water supply at the entrance, the keys to which are kept by the management company or the HOA.
Call the management company or homeowners association so that representatives of the organization come and draw up a flood report.
Hide property under oilcloth, move and cover furniture, place basins or buckets in places where water is pouring from above. Wipe off the water.

Flooding an apartment is an unpleasant incident, the consequences of which are often very serious. The person responsible for flooding the apartment is obliged to compensate the financial losses to the injured party. Persons who suffered damage when their apartment was flooded should contact their neighbors with a personal appeal or send a claim in writing. In addition, it is necessary to issue an invoice to those responsible for the upcoming repairs after the apartment is flooded, justifying the amount indicated in it.

Usually neighbors who have allowed an apartment to flood agree to resolve the issue peacefully. Let us note that when resolving the issue in court, the party that caused damage due to flooding of the apartment not only compensates for losses associated with the flood, but also bears the costs, for example, of an examination.

After the affected persons have received compensation, they draw up a receipt that the money has been received from the perpetrators, and the claim for flooding of the apartment has been settled. If the guilty party refuses to compensate for the damage peacefully, the owners of the damaged property can go to court, and the flooding of the apartment will be considered at the legislative level.

Flooding of the apartment due to the fault of the management company

As we said earlier, the management company may also be to blame for the flooding of the apartment. Floods often occur for reasons such as:

a break in the sewer system;
defects in the roof;
pipeline breaks.

In any case, the first thing the owner should do if the apartment is flooded is to turn off the electricity. Next, he should make sure that the flood is caused precisely by problems in the engineering systems (for example, a burst pipe), and not by malfunctions in the washing machine or the forgetfulness of other residents who made a mistake.

It is very important to determine whether the damage was caused by the fault of the management company. Only an expert can make the appropriate conclusion. If the situation is considered by the court, the flooding of the apartment will be assessed by an expert, and only the opinion of a competent specialist will be taken into account. As for the statement of the injured party itself, the judicial body most likely will not consider it to be exhaustive evidence.

What should the owner do if the apartment is flooded?

Stage 1. Drawing up an act.

Flooding of an apartment is a circumstance that must be recorded in documents. This must be done without fail, even if the guilty party does not deny the fact of the flood due to their negligence and does not argue with the fact that they are responsible for compensation for damage when the apartment is flooded. It is always worth remembering that in the future the culprits may renege on their words to compensate for losses. If the act on the bay is not drawn up properly, it is more likely that you will not be able to prove your case.

It is necessary to draw up a report on the flooding (leakage, flooding) of the apartment in the minimum possible time. Ideally, immediately after the apartment is flooded.

So, how to draw up a flood report for an apartment? Its form is free. When drawing up the document, there is a commission, which includes:

the owner of the flooded apartment or his authorized representative;
the owner or owner (for example, a tenant) of housing, through whose fault the flooding of someone else’s apartment occurred;
representatives of management companies (for example, housing cooperatives, homeowners' associations or housing departments, public health departments, etc.). The presence of the chairman of the given MA and a technical specialist is preferable.

The home flooding report must include information about three important points.

1. The fact of flooding and property damage.

The document states exactly where the leak occurred, the extent of the flooding, as well as the type of damage during the flood:

damaged whitewash or painting on the ceiling, faults, defects in the tension or suspended structure (dimensions must be indicated in m2);
damaged coatings on walls, wallpaper, paint (the extent of damage is also indicated in m2);
a detailed list of damaged valuables (furniture, household appliances, etc.). Here it is necessary to indicate the distinctive features of the broken property, for example, the manufacturer of the TV, microwave oven, etc.

If possible, include in the deed information about how damaged the property is.

2. Cause of flooding.

It is necessary to describe exactly why the apartment was flooded. Here are typical examples:

the homeowners above the apartment left the sink or bathtub unattended;
there was a heating riser leaking into the dwelling above the apartment (a sewer riser or a hot water supply or hot water supply riser);
the roof leaked.

3. Cause-and-effect relationship between the identified cause of flooding and the damage caused.

The report must include information that the property in the apartment was damaged precisely due to flooding. The document must be signed by all members of the commission. If any participant refuses to leave a signature on the act, make a note about this. The act is stamped by the Criminal Code, in whose records this MKD is located.

Stage 2. Determination of the culprit.

So, the act of flooding the home has been drawn up. Now we have to find out whose fault the apartment was flooded. This can be difficult to determine. But in the provisions of Part 1 of Art. 290 Civil Code of the Russian Federation, Part 1, Art. 36 of the RF Housing Code and Section I of the Rules for the maintenance of common property in MKD (approved by Decree of the Government of the Russian Federation of August 13, 2006 N 491) reflects a scheme for identifying the perpetrators of such incidents.

Responsible for cold water and hot water risers to the first shut-off device or shut-off and control valve, located on the branches (branches) from the risers in the apartment (including these devices and valves), is the management company, which is in charge of the apartment building. This can also be a public health unit, a housing cooperative, a housing department, or another administrative organization.
Responsible for everything in the home or connected to it after the designated equipment (switching device or shut-off valve), is the owner of the apartment. Thus, the homeowner is responsible for all wiring, plumbing, etc.
Responsible for the heating system, which includes risers and heating elements (heating radiators), control and shut-off valves and other equipment on these networks, is the management company. For example, the Federal Antimonopoly Service of the Ural District, in its Resolution dated May 24, 2007 in case No. F09-3841/07-S1, confirmed that common property includes a radiator, a heating riser and a heated towel rail. It followed from this that the management company must maintain, maintain, operate and repair this property. That is, the owner of a home in an apartment building is not responsible, for example, for a leaking heating radiator. Moreover, this element is located on the territory of his apartment. As an exception, we can mention cases of repair or replacement of elements in the heating system, which were carried out directly by the owner. In these cases, he is responsible for the quality of the repaired or replaced parts. Consequently, either the owner of the premises from where the flood occurred, or the management company, will be responsible for the flooding of the apartment located below. It all depends on who is responsible for the broken part that caused the flooding.

Stage 3. Presentation of requirements.

There are two possible options here.

The injured person and the owner of the apartment from which the flooding occurred personally agreed on the amount of compensation. The culprit does not refuse to compensate for damage when the apartment is flooded. In this case, the injured party must document the agreement. You can draw up an act and indicate that the person responsible for flooding the apartment does not deny the fact of flooding, agrees to voluntarily compensate for the damage, and also state the amount of damage caused, the scheme and period for payment of compensation.
The guilty party refuses to compensate for the damage voluntarily or does not agree with the amount of compensation. The owner of a flooded apartment must take care of attracting a specialized expert organization to determine the amount of damage and prepare materials for filing a claim in court. Flooding of the apartment will be considered in this case by experienced lawyers.

Independent examination after apartment flooding

During an independent examination, an apartment is assessed after a flood that is officially recorded and confirmed. The expert is provided with the following information:

how much damage was caused when the apartment was flooded;
How much will the restoration work cost?

Experts always draw up their conclusions in the form of documentation, which is stamped and signed by professionals whose responsibilities include assessing the flooding of the apartment, and its annexes.

Institutions that are competent to carry out an examination of apartment flooding and assess the amount of damage must be members of an SRO and (or) have licenses to conduct activities of this kind. Before ordering a service, be sure to check whether the organization has all the permits.

The form of the agreement with the expert assessment organization is simple, written. When drawing up a document, it is very important to strictly comply with the current norms of the Civil Code of the Russian Federation. According to the terms of the transaction, both the contractor and the customer are endowed with certain rights and obligations that must be followed during interaction.

The conclusion of the contract can take place on the territory of the office of the expert appraisal company or the facility of the person who ordered the service. The parties agree on the amount of payment to the expert in advance.

Below are the circumstances on which the price of an independent assessment depends.

Number of flooded rooms.

For any expert assessment, prices depend, first of all, on the square footage of the room and the number of objects to be inspected. This is quite logical: the cost of the assessment is directly proportional to the time spent by the expert, the number of various measurements and calculations. Moreover, in most organizations, the price of services depends not only on the number of flooded objects, but also on the level of their damage.

Cost of damaged property.

The price of damaged property also affects the cost of an expert assessment. The specialist calculates the amount of damage using special formulas based on market value. The final price consists of the following components:

damaged technical elements of the apartment (walls, windows, openings);
damage to property (furniture, equipment).

Apartment location.

The price for an independent examination depends on the influence and location of the property. This is due to the fact that the price includes payment to the team for arriving at the site. That is, if the appraisal company is located far from the flooded apartment, the cost of services will be higher, and vice versa.

An examination of an apartment’s flooding requires that the specialized organization have the following documents:

home inspection report, which was carried out by specialists of the management company;
title documentation (we are talking about a certificate of ownership and other civil legal documentation: gift agreement, rental housing, etc.);
technical documents (this includes a floor plan, explication of housing and a cadastral passport).

As a rule, it is possible to collect this documentation in the shortest possible time. Collection can be carried out during the period necessary for a detailed study of the consequences of flooding.

This is followed by a trip to the territory of the flooded home, where the expert examines the area using special instruments - levels (if door and window openings are skewed), magnifying glasses, magnifying glasses. All this is needed to thoroughly examine damp walls, wallpaper and plaster. Work can be carried out in the presence of the person(s) through whose fault the apartment was flooded. In total, the examination in case of flooding of an apartment takes from one to two days.

When determining the amount of compensation for damage caused by flooding of an apartment, the actual damage to the technical elements of the housing is taken into account and the cost of restoring the area is added to this. All this is done by a professional appraiser, who, as a rule, has a higher legal, technical or economic education.

Upon completion of the work, the apartment flood appraiser provides a reporting document that displays information about the position of the property on the market in a certain region. The report also details all hidden and visible damage to the home. The market value of valuables damaged due to flooding is also indicated there.

The document provides a separate part - an estimate, where the amount for reconstruction is calculated. The estimate includes the price for:

materials;
delivery of building materials;
finishing the apartment.

Among other things, the act must also state the reasons that caused the flooding of the apartment, and a competent justification for the above. Along with the expert opinion, they provide:

copies of title documentation;
a certified copy of the license;
photo tables of all damage.

The person through whose fault the apartment was flooded is notified of the results of the expert assessment, if the injured party so desires. Both oral and written forms of notification are permitted. According to the recommendations of lawyers, it is preferable to send a copy of the expert assessment report to the culprit of the flood by registered mail with notification.

Often, both victims and affected persons remain dissatisfied with the results of the independent assessment. In such cases, a forensic examination is carried out when the apartment is flooded.

Expert opinion

How to check appraisers' estimates

E.V. Shestakova,

Candidate of Legal Sciences, General Director of Actual Management LLC

When evaluating estimate documents, its analysis is very important. In particular, you need to focus on the following points:

what work is mentioned in the estimate documentation;
the size of defects taken as a basis for calculations;
salary level taken as a basis for calculations;
price for finishing materials.

The work mentioned in the estimate documentation often does not correspond to the nature of the damage caused, based on the act drawn up by the parties after the flooding.

Example. The act states that after the apartment is flooded, the walls and ceiling in the bathroom must be repaired. The estimate compiled by the affected persons contains information on the repair of walls, ceiling and floor in this room, as well as reconstruction of the toilet (we are talking about a separate bathroom). In such a controversial situation, additional expertise is required when the apartment is flooded. Another option is to have an expert confirm that the floors are not damaged.

The estimate may also show an inflated amount that is required for finishing. The technology of the intended finishing is important here. For example, you need to paint the ceiling over its entire surface, and not just in the area of flooding. If we are talking about parquet repairs, we can get by with partial reconstruction. It is the apartment flood appraiser who determines the scale of the proposed repair and determines whether partial rather than complete finishing is possible.

Next, you should take into account the salary level regulated by the Ministry of Construction of the Russian Federation and assess the correctness of the choice of income indicators and administrative expenses. When calculating overhead costs, it is necessary to check the numerical parameters for the application of reduction factors.

It is also necessary to check increasing coefficients that take into account the labor costs for repairs after flooding of the apartment, the complexity of the finishing, or the influence of conditions on its implementation.

So, the estimate has been studied and inaccuracies have been identified. What to do?

send claims to a specialized company that assessed the object or carried out expert work on it;
send a claim to the injured party with an updated estimate;
send a claim to a self-regulatory organization, asking for an objective assessment of the damage caused by flooding of the apartment;
point out the inaccuracies to the affected persons and resolve the dispute by agreement.

The responsibilities of the self-regulatory organization will include conducting an independent assessment based on the complaint received. This measure is provided for in Article 24.3 F3 of July 29, 1998 No. 135-FZ “On Valuation Activities in the Russian Federation.”

Where to file a claim for flooding of an apartment

If the culprit for flooding an apartment refuses or evades compensation for the full amount of damage, the owner of the flooded apartment has the right to go to court.

To file an application with the court (flooding of an apartment is a fairly common reason for filing an application), a housing inspection report is often required. To determine the amount of compensation, you can resort to an independent estimate indicating the amounts required for repair work. Finances spent on the services of other persons for reconstruction are losses, and they also need to be compensated. All indicated finances are the cost of the claim. They are claims.

If the defendant caused moral damage (physical and moral suffering), this must also be mentioned in the application and demand compensation for damage, on the basis of Art. 151 Civil Code of the Russian Federation.

The claim is filed in the world court (if its value does not exceed 50 thousand rubles) or in the district court at the place of residence of the defendant. The state fee is calculated based on the cost of the statement of claim. The document must be accompanied by an inspection report, receipts confirming the purchase of building materials, contract agreements (where payment is confirmed) and the provision of services on a reimbursable basis. All financial documentation confirming the amount of damage is also attached to the document.

Flooding of an apartment: judicial practice depending on 3 circumstances

Not only are the consequences of apartment flooding severe, but also the legal disputes that arise as a result. Let's consider judicial practice on apartment flooding depending on the circumstances of the incident.

The other owner's fault.

Based on Art. 1064 of the Civil Code of the Russian Federation, if a person has caused harm to another citizen or his property or caused damage to the property of a legal entity, he is obliged to fully compensate it. If a person provides evidence that the harm was caused through no fault of his own, then, in accordance with the legislation of the Russian Federation, he is released from obligations.

Example: from the testimony of witness T.N. it was possible to establish that he carries out his professional activities at Zhilkomservis LLC No. 3 of the Moskovsky District. In connection with the performance of his work duties, T.N. was called to draw up a report two days after the leak was discovered.

Wet footprints were found in Ch.I.'s apartment, and there were interruptions in the light supply in the kitchen and hallway. In K.V.A.’s apartment, the witness noticed a broken filter near the cut-off device. The destruction of the coarse filter caused a leak. The filter itself was located after the first shut-off device on a branch from the riser.

Based on the above, it was possible to draw a legitimate conclusion that it is necessary for the plaintiff to answer for the damage caused to K.V.A., since he is the owner of the apartment (Article 209 of the Civil Code of the Russian Federation).

Common property includes in-house utility systems for hot water supply, hot water supply and gas supply. These systems contain risers, collective meters for metering the consumption of hot water and cold water, the first shut-off and control valves on the branches of the intra-apartment wiring from the risers, as well as mechanical, electrical, sanitary and other equipment.

The fault of the organization that manages the apartment building.

In the resolution of the Federal Antimonopoly Service of the Volga-Vyatka District dated 04/09/2012 in case No. A43-29905/2010, the court expressed its position regarding the proceedings with the HOA. In accordance with the court decision, the homeowners association had to pay a fine, since the organization’s guilt was proven.

The essence of the dispute. A pipeline as part of the common property burst, which led to flooding of the apartment. When the injured party presented evidence of the HOA’s guilt, the organization was obliged to compensate for the damage. An act dated August 20, 2010 was drawn up, indicating that the apartment belonging to the injured party was flooded and its property was damaged. The act of flooding the apartment was drawn up with the participation of the chairman of the HOA, who did not dispute the fact of flooding and damage to property.

The amount of financial losses was established by an expert organization in conclusions dated November 8, 2010 No. 7709 and dated November 10, 2010 No. 7709/1, drawn up by a professional appraiser, and the defendant did not appeal their amount. Based on clause 4 of Art. 138 of the Housing Code of the Russian Federation, the responsibilities of the homeowners’ association include maintaining common property in proper sanitary and technical condition. Common house property also includes DHW and cold water engineering systems inside the house (clause 5 of Rules No. 491).

The act dated August 20, 2010, during the execution of which an authorized representative of the HOA was present, contained information that the flooding of the apartment and damage to the valuables located in it at the time of the flood occurred as a result of a pipeline break in the apartment building. Taking all the circumstances into account, the homeowners' association did not maintain the common property well enough.

The Arbitration Court of the Volga District dated September 3, 2014, in case No. A12-29520/2013, also sided with the plaintiff, not the HOA. The court ruled that the flooding of the building in the basement of the apartment building was proven. At the same time, the homeowners association is obliged to maintain utility networks in proper condition and take care of their technical serviceability. According to the rules for maintaining common property in apartment buildings, which were approved by Decree of the Government of the Russian Federation dated August 13, 2006 No. 491, common property must be maintained strictly following the requirements of the law of the Russian Federation.

Based on clause 42 of the designated Rules, the Criminal Code and citizens providing services and carrying out a number of works within the framework of the direct management of apartment buildings are liable to apartment owners for violation of the fulfillment of their direct duties. These persons and management organizations must maintain common property in good condition on the basis of the law of the Russian Federation and the agreement for the management of apartment buildings.

The court determined the price for restoration work based on the report of an independent expert. The amount was 114,955 rubles. Evidence in favor of the fact that the HOA carried out all the work prescribed in the regulations, incl. every month inspected and checked the drainage systems, identified and replaced emergency sections of pipes, was not provided.

The fault of the resource supplying organization.

Flooding of an apartment can also occur due to the fault of the RSO (resource supply organization). During its operation, it is possible that technical problems may occur and, as a result, pressure or voltage surges that cause malfunctions of pumps, etc.

A similar incident occurred in the Tyumen region. The FAS substantiated its position in the resolution of the Federal Antimonopoly Service of the West Siberian District dated December 2, 2013 in case No. A70-12156/2012. Individual entrepreneurs M.V.B. and T.S.V. filed a lawsuit (subject to clarification) in the Tyumen court against the HOA and Tyumen Vodokanal LLC.

The reason for the proceedings was the flooding of non-residential facilities. After the flooding, an independent examination was carried out on the premises, thanks to which it was possible to determine the market price for the work and restoration services (the premises were flooded by sewage). The price was 245,770 rubles.

When making a decision in the case, the court of first instance, relying on Rules No. 167 in relation to the terms of the agreement dated 05.29.12 No. 00324/477, took into account that Tyumen Vodokanal did not dispute the fact that the sewer collector was part of its sewer network. The court noted: there is no evidence that third parties are indirectly or directly responsible for the premises in the bay.

The materials in the case confirmed that the damage had indeed been caused, and the amount of compensation was established. The courts noted that the flood on July 7, 2012 occurred due to a faulty collector, based on which the claims made by the plaintiff must be satisfied in full (Article 15, 1064 of the Civil Code of the Russian Federation).

The fault of third parties.

The latter is responsible for property that is not common property and is managed by the city administration. Homeowners' associations, management companies, housing cooperatives, housing cooperatives have the right to recover monetary compensation from the administration or demand from it repairs, for example, of drainage wells, due to a malfunction of which flooding occurred.

Here is a case, the results of which are reflected in the resolution of the Federal Antimonopoly Service of the Far Eastern District dated February 11, 2013 No. F03-6549/2012 in case No. A51-13812/2012. The Rassvet homeowners association filed a lawsuit with the Arbitration Court of the Primorsky Territory. In the statement, the HOA asked to oblige the Vladivostok city administration to repair storm sewer and sidewalk drainage wells in the area from the corner from the entrance to entrance No. 4 to the entrance to entrance No. 3 of the MKD.

On the territory of the plot of land adjacent to the MKD from the corner from the entrance to entrance No. 4 to the entrance to entrance No. 3 of the MKD, the asphalt on the sidewalk was damaged. The storm drainage system did not work. All this led to flooding of the basement in a residential building during the rainy season, the foundation of the building collapsed, the heating pipelines were corroded, and pedestrians could not walk on the sidewalk.

The city administration owned the storm drain and sidewalk, which meant it was obligated to repair the storm drain. Considering this circumstance, the court upheld the claim and ordered the administration to repair the drainage wells. Letters from the prosecutor's office were used as evidence in this case.

The culprit has not been identified.

Often, even experts find it difficult to answer whose fault the apartment was flooded. Homeowners' association "Maslennikova-80" filed a lawsuit regarding the flooding of a plot of land in the yard. The construction of a new residential building led to the fact that rain and melt water began to be drained into the yard. This violated the rights and legitimate interests of property owners.

It should be noted that in court it was not possible to determine who is to blame in this case. The resolution of the Arbitration Court of the West Siberian District dated January 29, 2015 No. F04-5295/2012 in case No. A46-16449/2011 indicated that the topic had to be considered again, since the expert organization was not initially asked questions about the fact of flooding, which led to the deterioration of the condition of the land plot in the HOA, and the reasons for the flooding of the plot adjacent to the neighboring house.

Insuring your apartment against flooding for the future

Insuring an apartment against fire and flooding is a measure that not many people take today. This can be explained by the fact that a relatively small percentage of owners are worried that something might happen to their property. To be more precise, according to statistics, theft, flooding and destruction are quite rare. However, no one is insured against emergency situations, and if the apartment is not insured, the owner risks losing a lot. Flooding of an apartment by neighbors above or flooding of housing from below are common cases. To protect yourself, it is sometimes useful to seriously consider insurance.

The owner decides when and in what order to insure the apartment. You can give preference to a general home insurance policy, which will include certain risks, including flooding of the apartment, or an insurance package that provides only this specific service.

If the owner of an apartment has decided to insure his property, first of all he should decide on an insurance company. It is important to take into account not only favorable conditions for insurance premiums. It is necessary to pay attention to how long the company has been operating, what reputation it has, and how reliable it is. After discussing the terms of cooperation, the insurance company and the apartment owner enter into an agreement to insure the apartment against fire and flooding.

All points in the contract need to be paid attention to, and not just signed on the document. The information contained in it directly affects whether the owner, as the policyholder, will receive monetary compensation in the event of property damage.

When concluding an insurance contract, it is important to focus on all risks without exception. Each one needs to be registered. Flooding of an apartment is a situation that arises due to a number of circumstances, and if any of them are not mentioned in the contract, you cannot count on insurance compensation.

Residential premises can be insured either fully or partially. With partial insurance we are talking about such structural elements and parts of the apartment as:

Furniture and interior items are insured if they are exclusive, designer, expensive, and made from natural luxury materials.
Expensive equipment and household appliances.
Full decoration of the premises. We are talking about expensive renovations in the apartment.
Structure, walls, support. This is rational if the property is located in an area where earthquakes and internal faults in the ground can occur.

If the owner insures the apartment against flooding, he needs to think about including repairs in the contract. It is no secret that absolutely all surfaces in the room deteriorate from exposure to water and need to be restored. If the apartment is flooded due to flooding by neighbors above, the ceiling, floor, and walls deteriorate. It is possible that you will also have to change furniture and household appliances. It would be reasonable to include repairs in the contract if the reconstruction was completed recently and the furniture in the apartment is new and of high quality. If the document states compensation for material damage in the event of damage to furniture and equipment, if the apartment is flooded, not only damage to the finishing will be compensated. Note that exposure to water can cause damage to various utilities in the walls. Compensation for damage of this kind should also be specified in the contract.

The payment procedure must be specified in as much detail as possible. If this is not done, the occurrence of insured events will be assessed by the company differently. These cases will not be considered insurance because certain conditions have not been met.

When drawing up an agreement to insure an apartment against fire and flooding, you should definitely pay attention to the restrictions on cash payments imposed by various insurance companies. We are talking about the so-called conditional and unconditional franchise.

Conditional franchise not deductible. A specific amount is established, and if the amount of payments determined after the insurance situation turns out to be lower than it, the insurance company does not issue any compensation. The insurer uses personal funds to repair the damaged property. If the amount of the insurance premium exceeds the deductible, the insurer will be compensated for everything down to the last ruble.

Unconditional franchise implies that, regardless of the amount of damage caused, the company issues all funds to the insurer. It does not matter whether this amount exceeds the costs incurred or not.

Not only the apartment, but also civil liability may be subject to insurance. From the bay they insure the liability of the property owner to the owners of the apartments below. Anyone may encounter an open or broken tap, a communications breakdown, a breakdown of plumbing fixtures and a washing machine. In such cases, not only apartment owners, but also their neighbors face trouble. With liability insurance, it is quite possible to free yourself from the costs of repairs after a flood in your neighbors’ apartment. The insurer will be required to bear all costs.

But in this case, there is one important point - the owner of the apartment or the people living with him should be to blame for the flooding of the neighbors’ property, and not the management organization that did not repair communications in a timely manner, or force majeure. Of course, taking into account the fact that the guilty person is the policyholder, insurance premiums for such a policy are issued in a rather low amount. However, this is still better than repairing your neighbors’ apartment and restoring damaged equipment along with furniture at your own expense.

Insurance companies today offer a variety of insurance options with all sorts of functions. Let's highlight two main packages:

Express insurance. It is considered a convenient and very fast way. All the insurer needs to do is simply visit the office of the insurance organization and conclude an agreement. Property valuation, agent visit and other formalities are not necessary. It is possible to indicate any amount, even if it exceeds the price of housing as a whole, but taking into account the maximum limit established by the company. But in this case, everything is determined by the insurance premium that the apartment owner is willing to pay. The higher it is, the larger the premium.

The method causes certain inconveniences. In particular, the owner of the apartment needs to keep all receipts, checks and documents so that in the future he can prove the presence of equipment, household appliances, and repairs in the apartment by presenting these papers. We also note that in some companies it may be limited.

Classic insurance option. The policyholder submits an application to the organization, and based on it, the agent goes to the property to inspect and evaluate the property. The inventory shows not only a list of valuables in the apartment, but also the materials from which they are made, the year of production and other significant facts. Of course, classic apartment flood insurance takes longer compared to express insurance, but it also has quite a lot of advantages. For example, the property owner does not need to keep receipts and other documentation in the event of an insurance situation. All you need to do is simply contact the insurance company, presenting the contract and certificate of ownership. In addition, the amount of insurance under the classic option in some cases has no restrictions.

A number of insurance organizations create standard packages. For example, a standard package already contains a certain cost, sum insured, payments, and items of insurance. Flooding of an apartment is an insurance situation that is usually included in all packages. Initially, it seems that such offers are very profitable, but you should always familiarize yourself with the conditions in detail. Insurance companies often include completely unnecessary types of insurance, for example, against floods or floods. At the same time, such natural disasters are excluded in this territory.

The costs of insuring an apartment against fire and flooding depend on a number of parameters: risks, objects of insurance and their prices, and the duration of the contract. The price is also significantly reduced with counter insurance, in which neighbors insure their property and liability to each other.

Expert opinion

What to do if your insured apartment is flooded

E.V. Shestakova,

Ph.D. legal Sciences, General Director of Actual Management LLC

The situation in which the property is insured is the most favorable for all parties to the flood or other insured event, since here it is the insurance company that must compensate for damage when the apartment is flooded. For a citizen who caused damage or was guilty of it, insurance compensation may ultimately result in a counterclaim from the insurance company.

The insurer who paid the insurance indemnity, within the limits of the amount paid, receives the right of claim that the insured (beneficiary) has against the person responsible for the expenses reimbursed due to the insurance. In this case, the contract may indicate other conditions under Art. 965 of the Civil Code of the Russian Federation.

Example. In the decision of the Arbitration Court of the Volga-Vyatka District dated October 13, 2014 in case No. A17-5343/2013, the insurance company filed a statement of claim with the court demanding compensation for damage by subrogation in the amount of 38,899 rubles 47 kopecks. As a result, the insurance company was unable to fully present evidence in favor of the HOA’s fault.

According to Part 1 of Art. 161 of the Housing Code of the Russian Federation, as part of the management of apartment buildings, the HOA is obliged to take care of maintaining the common property in proper condition. Accordingly, if the fact of negligent performance of duties on the part of the HOA is proven, it is this organization that will be guilty of the occurrence of unforeseen situations.

The judicial authorities made a reasonable conclusion that it is not clear from the case materials exactly why the flooding occurred. There were no documents in the case indicating that during the flooding of the insured home, its owners called an HOA employee or turned to emergency service specialists with a request to eliminate the causes of the flood. There was no information about outages on common property and repairs performed. There was also no evidence to support the fact that the apartment indicated in the case was inspected, and the defendant’s representative was invited to jointly inspect the damaged valuables with the plaintiff’s representative.

In the decision of the FAS of the Volga District dated August 22, 2012 in case No. A65-23915/2011, the HOA was not found guilty. The court found that the policyholder had installed the radiator without permission, which was the cause of the flood.

A claim to the court demanding compensation for damage can only be satisfied if all elements of the case can be proven. That is, what needs to be done if the owner is guilty of flooding the insured apartment? When submitting subrogation claims, it is important for the HOA to present evidence of innocence.

Before starting rescue operations, unplug the plugs from the sockets in the affected area so that there is no short circuit. If the damage is extensive, turn off the power at the panel. Then get started:

Contact your upstairs neighbors. Perhaps the source of the flood is an open tap or a broken washing machine. In this case, residents will be able to eliminate the cause of the problem themselves. They will be able to shut off the water in the apartment if the internal communications, and not the riser, have broken.

If your neighbors are not home or cannot handle the damage themselves, contact the property management company. Plumbers will shut off the water supply throughout the riser.

There is no need to break down the door of your neighbor's apartment in any case. Even if you save the entrance from flooding, illegal entry into someone else's home may result in criminal liability.

If you have access to general communications, you can turn off the water yourself. However, in this case, the self-proclaimed locksmith will be responsible for potential damage to the system.

How to find the culprit

There can only be two people responsible for the flood:

If damage to the water supply occurred on the communications after the tap that limits the water supply to the apartment, then your neighbors have flooded you. They are also responsible if the cause is an overflowing bathtub, broken household appliances, and so on.
If a leak occurs in a common riser, the batteries or heated towel rail are damaged, the management company is to blame. There is only one exception: the neighbors unauthorizedly altered the heating system and did not notify the management company about this.

How to record the fact of flooding

Even if you managed to cope with the flood on your own, you will have to call a representative of the management company to document the flood. While you wait for a specialist, take a photo of the destruction area. Record all details. Find two or three neighbors who will agree to become witnesses.

A representative of the management company will draw up a report on the flooding of the premises. The document must indicate:

victim's address;
date of signing the document;
the names of the victim, the perpetrator, the representative of the Criminal Code and witnesses;
established or suspected cause of flooding;
a list of damage to the apartment (indicate that they were identified on the day of the inspection, since new damage may be discovered later);
signatures of those inspecting the apartment (or notes that one of them refused to sign an autograph).

Be sure to ask the representative of the management company for one copy of the act for yourself.

If the management organization has not sent an expert, draw up a similar act yourself.

How to solve a problem peacefully

Perhaps the neighbors (and very rarely the management company) agree with the assessment of the damage and are ready to compensate it without going to court. To protect both parties, file a claim for damages and contact a notary. This way the guilty party will confirm its obligations, and the injured party will confirm that it will not endlessly extract money from its neighbors.

How to solve a problem through court

The neighbors were flooded, but they are in no hurry to repair the damage. Start preparing for trial. Invite an independent expert who will once again assess the damage. The guilty party must be notified of the specialist’s visit in a manner that confirms that the information was sent to it. For example, by telegram, registered mail.

The expert must draw up a damage report. Point out to the visitor all the problems that arose due to the flood. Attach a receipt for payment for the specialist’s services to the claim agreement: the costs will be included in the amount of compensation.

After receiving the act, you can submit documents to the court. The package should contain:

claim;
documents on ownership of the apartment;
a flood report drawn up by you or a representative of the management company;
a similar document from an independent expert;
photographs and videos of the damaged apartment;
estimate of work to eliminate damage from the flood.

For a lawsuit with a management company, if it is to blame for the flood, a similar package of documents is needed, only the statement of claim is drawn up in a different one. On the part of the Criminal Code, a professional lawyer will act against you, who will use any excuse to ruin the case. Therefore, make sure that all documents are drawn up and executed in accordance with the rules.

The court may recommend that the problem be resolved peacefully: you reduce the amount of your claims, and the defendant voluntarily pays it. You can accept the offer or refuse. In the second case, the final decision about who is right and who is wrong and how much money needs to be paid will remain with the judge.

Do not make any repairs until the trial is over. Additional expertise may be required.

What to do if you flood your neighbors

Try to solve the problem on site without involving third parties. Communicate politely and explain the cause of the leak. You may be able to reach a compromise and agree on an amount acceptable to both apartment owners.

If your neighbor tries to replace paper wallpaper with gold thread at your expense, get ready for court. When drawing up a flood report for your neighbor’s apartment, also take photographs of the damage so that you can prove that the victim is exaggerating the damage.

You can call an independent expert to assess the damage in your neighbors' apartment.

If the management company is to blame for the leak, it makes sense to team up with your neighbor, since you are both victims.

If the scale of the flood is larger than a small ceiling stain, then it is necessary to cope with panic and cut off power to the home. Such actions will prevent short circuits and protect against electric shock. Next, you need to eliminate the source of the problem - turn off the water. This problem can be solved in several ways: inform your neighbors or contact.

Regardless of how much water pours from the ceiling, you cannot break down a neighbor’s door, since such actions are subject to criminal liability as described in Art. 139 of the Criminal Code of the Russian Federation (inviolability of the home).

Material damage resulting from flooding is regulated by Art. 1064 Civil Code of the Russian Federation. It states that the guilty person must fully compensate for the damage caused.

The same normative act states that if the damage did not occur through the fault of a citizen, then he should not be held responsible for it. True, you will have to try to prove your own innocence.

Step by step procedure

If you discover flooding in your apartment and significant damage to property, you should calm down, assess the situation and take the necessary actions.

How to stop a flood correctly

When flooding of an apartment is already a fact, you should execute sequentially the following recommendations:

Calm down (panic is not the best helper).
Turn off the water and turn off the electricity.
Call a specialist.
Find out who is responsible for the unpleasant event - the upstairs neighbor, the company that carried out the repair work, or the management company.
Assess the damage caused and draw up an appropriate report. An emergency service can issue such a document. The deed must be signed by both parties.

Calculation of compensation and damage caused

Once it has become clear who is to blame for the incident, you can proceed to calculating the damage and choosing the option of paying compensation.

The most optimal are considered following methods:

Where to file a complaint?

If there is a situation of flooding by neighbors above, then the most optimal solution is achieving mutual understanding.

But, if a peaceful resolution of the conflict is not possible, then the nature and scale of the damage must be specified in the act, and then take him to court. In this case, it is necessary to observe territorial affiliation.

The choice of the authority to which the claim should be filed directly depends on amount of damage caused. This procedure is specified in clause 5, part 1, art. 23 Civil Code of the Russian Federation.

So, if the amount of compensation is less than 500 minimum wages, then the magistrate can make a decision. If it is not possible to determine the amount of compensation or its amount is greater than the above, then the issue will be resolved in the district court.

A trial is only possible if the parties have evidence, that is, photo and video material should be immediately prepared.

Drawing up an act and statement of claim

Compensation for damage caused in court involves drawing up a statement of claim and a flood report.

The last document must be written in the presence of both parties and sealed with their personal signatures. It would not be a bad idea to have a qualified lawyer present. Regardless of whether the last condition is met, you should then proceed to collecting evidence– witness statements, photographs and video materials.

In the act The following information must be included:

At the end, each member must sign in agreement or express a negative decision.

In the statement of claim should be stated:

the reason for petition;
amount of damage;
date of incident;
address of the culprit and victim;
an unsuccessful attempt to resolve the issue peacefully.

Oddly enough, it is the plaintiff who must prove that harm, unlawful behavior of the opposite party and a causal relationship took place simultaneously.

If you are the cause of the flood

The first and simplest option: the accident occurred before our eyes, accordingly, you can take maximum eradication measures.

In addition, you should inform your neighbors so that they can save valuables from the harmful effects of water.

After this, you can move on to thinking through further behavior. While everyone is driven by negative emotions, it is better not to discuss the procedure for paying compensation. But it is recommended to find out the cause of the incident without delay.

A leak may happen due to the following circumstances:

Housing office specialist must determine the exact cause of the incident and reflect it in the report. The document must be drawn up in 2 copies so that 1 can be kept for yourself.

If the culprit of the incident is faulty device, then it is better to record this fact on the spot (reflect in the act, photograph, obtain testimony, etc.). This evidence will allow you to further reduce the amount of payment or shift compensation for damage to another person.

How avoid big expenses, if the victims are the neighbors below? For example, you don’t have to wait for a call to the court, but go out and offer to carry out the repair work yourself. Any oral agreements have no legal force, so it is recommended to put everything on paper and confirm it with signatures. When the relationship related to the flooding is exhausted, you can protect yourself with a receipt indicating the absence of claims.

If the neighbor’s demands exceed reasonable limits, then you can contact an independent appraiser who can determine the real amount of damage caused.

Peaceful resolution of the conflict

The judge, of course, will make a fair and correct decision, but this option requires a lot of time. Therefore, it is better to immediately go to the injured party and find out which outcome is most acceptable for it. It is necessary to study documents, evidence and determine the optimal amount of compensation.

A written document reflecting the procedure and amount of payments allows you to get rid of delays and endless excuses. It is possible not to draw up a receipt only if the culprit has paid immediately after presenting a justified claim.

If incidents are repeated constantly

What actions should be taken if flooding from above has already become a common situation, and the culprits do not even think about making up for the losses. In this case, the threats will most likely remain unperceived, so it is recommended to immediately move on to involving 3rd parties. These may be: employees of the housing maintenance office (ZhEK), homeowners' associations (), assessment services, as well as the court.

It should be borne in mind that flooding may not occur due to the irresponsible behavior of neighbors, but due to old or poor-quality water pipes. Then compensation for the damage caused can be transferred to the organization engaged in regular maintenance of the house.

Judicial practice of the issue

Court decisions in the area of flooding of apartments are very diverse. The claim can be either approved or rejected. The perpetrator has every right to file a counterclaim if he considers the amount of compensation to be unreasonably high.

As example The following positive decision of the district city court can be cited. The victims are 2 apartments located one above the other. The cause of flooding is a rupture of the hose supplying cold water to the bathroom. The scale of the damage caused is reflected in the report drawn up by specialists, and is also confirmed by witness testimony.

The amount reflected in the statement of claim compensates for the following expenses:

The injured party submitted the following documents to the court: flooding report, statement of claim, agreement with a lawyer, payment receipts, etc.

In this case, the court sided with the plaintiff and satisfied the demand for damages in full.

For solutions to similar problems with neighbors, see the following video:

“Open the door, you’re drowning us!” - a phrase accompanied by persistent knocking on the neighbor's door.

A flood in an apartment is an emergency situation for residents, in which the amount of loss increases every minute. What to do in this situation in order to save the acquired “good” and compensate for the damage caused?

It’s a shame to watch when completed renovations, new furniture and favorite things “float away” before your eyes. Every second inhabitant of apartment meters found himself in such an unfortunate situation.

There is no time to give in to panic and anger; you need to save your apartment and property.

If water is dripping from the ceiling and running down the walls, take immediate action:

Turn off the electricity at the common panel to prevent short-circuiting the wiring. If you don’t know how, turn off all electrical appliances.
Run to potential flood culprits. It happens that absent-minded neighbors forgot to turn off the tap or remove the plug from the bathtub. If this is so, then the cause of the flooding has been found, which is already good.
If there are no neighbors at home or you are sure that a break in the riser, pipes or radiators is to blame, you need to turn off the water. This can only be done by a housing office employee.
Call the emergency service specialists assigned to your home.
Contacts can be found on the back of utility bills.
While you are waiting for the “rescuers”, don’t waste your time. Cover the furniture with plastic and move it away from the flood area. Dispose of accumulated water (scoop it out or soak it up). Place containers of sufficient volume for leaks.
Once the leak has been repaired, you can consider paying for damages. To do this, call representatives of the management organization on the same day. On-site specialists will draw up the appropriate acts.

These documents will serve as the basis for recovery of damages. A prerequisite is that the fact of the flood must be recorded on the same day.

Take photos of the flooding just in case..

After drawing up the act, conduct an independent examination. Call a specialist who will professionally determine the amount of damage. This is also necessary to ensure that none of the interested parties can refer to an incorrectly drawn up act.

If the culprit does not want to talk or refuses to answer for the flood, feel free to go to court.

If it’s pouring from the ceiling and the utility workers are taking a long time to travel, you shouldn’t try to shut off the water supply yourself.

Only authorized specialists have access to public communications.

Losses after a flood are calculated - how to record the damage?

After a flood, the main thing is to draw up an act if you plan to force the culprit to compensate for the damage. To ensure everything is in accordance with the law, follow the instructions:

There is no need to attack the guilty neighbors and immediately demand money from them. In this case, you will turn from the victim to the extortionist. You need to act legitimately and without nerves.
In any case, call a housing office representative. Neighbors may swear that they will pay for everything tomorrow, but there is no guarantee that they will not change their minds. To compensate for damage, the required exact amount is calculated by a specialist.
What should you do if the flood happened on a weekend or holiday, your neighbors are not at home, and the house manager’s phone does not answer?
There is no need to wait for working days, go to the housing office and write statements addressed to the manager. Demand that the neighbor's apartment be opened due to the risk of a short circuit in the wiring and a fire hazard.
When filing a complaint in person or by telephone, write down the name of the specialist who received it. This will help in the future if the signal goes unnoticed.
Obtain testimony from witnesses. They will help in legal proceedings.

Drawing up a flood report

The act is documentary evidence of the flood that occurred and the damage caused by it. Therefore, the document must be drawn up in detail and scrupulously, reflecting the main points:

place of incident and date;
all persons present when drawing up the document (full name, address, place of residence, passport details);
the cause of the flooding, if it has already been established (if not, then indicate which apartment the water came from);
the amount of damage caused with a complete list of damaged items (you must attach documents about their value upon purchase);
if several apartments were flooded, reports from other victims are attached;
a video of the flood can be used as evidence;
signatures of all commission members.

If the guilty party refused to participate in the process of drawing up the act, this is also reflected in the document.

Refrain from directly identifying the perpetrators; such a decision can only be made by the court.

The act is drawn up free of charge in two copies (the original copy remains in the hands of the injured party).

The act is also accompanied by a document reflecting an independent assessment of the damage caused. It is especially important to do this if we are talking about an impressive amount. The appraiser's services are paid; in the event of a positive court decision, they are also reimbursed by the defendant.

If you couldn’t wait for the management company’s employees, you can draw up the act yourself. A prerequisite is the testimony of several witnesses to the flood that occurred. The fact that there were no representatives of the housing office should also be noted in the document.

How to compensate for damage?

Only a court can decide on the guilt of an absent-minded neighbor. The trial will take time and make you quite nervous.

In this case, the insurance company will take on all the troubles. The insurance contract is a guarantee of compensation for damage caused by a flood.

If there is no insurance, there are two ways to resolve the issue.

Peaceful settlement

It is better to resolve a “wet” situation peacefully; this is in the interests of both parties. This is possible when the neighbor admits his guilt and agrees with the amount of damage. Mutual consent is formalized in writing. Additional insurance will be its notarization.

“Peace” most often occurs between good neighbors who have known each other for a long time. In this case, this word can be trusted. The question is resolved by itself if the culprit immediately gives the requested amount.

Trial

If the parties cannot agree with each other, all that remains is to rely on the court.

To file a claim you will have to collect a bunch of papers:

documents reflecting ownership rights to square meters (for example,);
accident report (copy);
estimate for repair work to eliminate the flood (from the management company);
an appraisal report with the full cost of the damaged items and repairs made after the flood.

If the case is resolved fairly in favor of the injured party, the defendant will bear not only payment of damages, but also legal costs (calling witnesses, services of an appraiser, lawyer, compensation for moral damage).

Most often in such proceedings, the judge inclines the parties to reach an amicable agreement.

Its essence is that the injured party agrees to reduce the amount of damage, and the guilty party promises to compensate it.

The trick is that the defendant only makes a promise; there are no guarantees for its fulfillment.

A settlement is an opportunity for the judge to end the case more quickly. In this case, pressure is exerted on the plaintiff and the defendant to the same extent. In such a situation, lawyers propose to refer to the fact that the person responsible for the flood was already offered not to bring the case to court and to pay the specified amount, but he did not agree. This will make you appear to the judge as a compromising citizen.

In case of a court decision, the stubborn neighbor will be obliged to pay the agreed amount. If he refuses, the case will go to the bailiff service.

If the management company itself is at fault

Everything is clear with careless neighbors, but what if the utility workers themselves are to blame?

There are often cases of flooding from the roof or. If the fault lies with housing and communal services, strictly adhere to the algorithm of actions established by law:

Call the housing and communal services department and report the flooding. A specialist will be sent to you to eliminate the cause of the flood and draw up an appropriate report.
After drawing up the report and confirming the assessment, the management organization undertakes to carry out repairs as soon as possible free of charge and reimburse the amount of damage. The law allows no more than 30 days for this from the moment the homeowner applies.
If housing and communal services do not agree with their guilt or the amount of damage charged, go to court.

The procedure is similar to the situation when the defendant is a neighbor.

When deciding the issue of compensation for damage from flooding, it is worth calculating all possible options in advance. The defendant cannot always pay the required amount for various reasons. And legal costs will increase the cost of the issue. Therefore, before going to court, soberly assess your chances of receiving the desired compensation.

Civilized solutions to everyday problems are guaranteed by law. This includes regulating the issues of flooding of the lower floors of apartment buildings. In order to prevent the conflict from flaring up, both participants in an unpleasant situation must know their rights and responsibilities and not go beyond the law.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

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General provisions

Every resident of an apartment building can detect puddles of water on the floor and stains on the walls. The situation, unfortunately, is familiar to many.

However, those who encounter it for the first time do not always understand what to do if their house is flooded.

The main thing you need to understand is that the culprit of the flood of money in the form of compensation for damage is a feasible task.

By law, compensation for damages is the responsibility of the guilty party. The main thing is that the victim is able to correctly record the event and contact the right authority in time.

What it is

Flooding of an apartment can happen either due to the fault of neighbors who left the tap unattended, or due to the fault of the management company who did not repair the old water supply system in a timely manner.

From a domestic point of view, damage from flooding can also be different:

However, the law does not distinguish between significant and minor damage to property. In any case, the perpetrator is obliged to compensate for the damage caused. That is why identifying the culprit of flooding is one of the main tasks in resolving the problem.

Who does it apply to?

When an apartment or house is flooded, the situation includes several sides:

When establishing guilt, the fact who is in the apartment where the water leak occurred is also important. Often, the residents of the upper apartment are in fact not the culprits of the incident, but the same injured party.

This will happen, for example, if the leak occurs due to dilapidated pipes or an unusable riser that has long required replacement.

Natural wear and tear or defective plumbing equipment is the fault of the management company for not taking timely measures to replace or check the suitability of the equipment.

The direct guilt of neighbors is manifested in actions that led to flooding, or, conversely, in inaction.

Where to contact

Depending on how the situation develops and who is to blame for it, in case of flooding you can contact different authorities:

Indicators	Description
If your neighbors are not at home and water continues to flow from above	You urgently need to call the emergency service through the control room. Specialists will block the problem risers, and you can wait for the neighbors to appear
In any case, you need to call representatives of the housing office (management company)	to record the fact of flooding
If the guilty neighbor refuses to acknowledge and pay for the damage	you should contact an independent expert organization
In the future, you will need to file a statement of claim.	and go to court

We need to act quickly. It is better to try to come to an agreement with the neighbors and the management company. This will save time, money and nerves. However, if the culprit does not agree to a settlement, there is no point in delaying going to court.

What to do if your apartment is flooded

If you find signs of flooding in your apartment, you need to take urgent measures:

protect life and health;
call representatives of the management company;
find the culprit;
try to resolve the issue peacefully;
If that doesn’t work, file a complaint with the court.

As a result, unpleasant hassle will allow you to receive compensation for the damage incurred. It must be borne in mind that in some cases, damage to property may be hidden and appear after some time.

The necessary conditions

The main condition for starting negotiations with the guilty party is a visually recorded fact of flooding. Water on the walls, a sagging suspended ceiling, and a flooded floor are obvious signs of a disaster.

However, the fact that water is coming from above (possibly through the floor slabs), that is, there is a leak somewhere, may also be indicated by the appearance of dampness in the room where the riser passes, or small stains that have appeared on the ceiling.

In order for the court to accept a statement of claim, it is necessary to collect and present evidence:

An important condition is a confirmed attempt to negotiate with the guilty party peacefully.

Therefore, the victim must inform neighbors, the management company or the company through whose fault the events occurred about his actions in writing (by registered mail or telegram).

The person responsible for the flooding must be warned that the victims have invited an appraiser three days before the scheduled examination.

They must be turned off to observe the work. If the culprits do not appear, then a receipt for sending a letter or telegram will ensure the legality of the procedure.

Having received an expert assessment, you can safely go to court. This is the main condition for filing monetary claims against the culprit of the accident, which allows you to have no doubt about a positive decision.

Procedure

So, what to do when your apartment is flooded with neighbors from above:

Indicators	Description
First of all, if water flows are detected, you should turn off the electricity supply to the apartment	This will avoid both possible short circuit and electric shock.
Further actions should be aimed at finding out the cause of the flooding	To do this, you need to call plumbers through the emergency dispatch center to turn off the water supply. Then go up to the neighbors to inspect the leak site, help, if necessary, eliminate the cause of the flooding, and collect water
After the arrival of emergency plumbers, ensure that an incident report is drawn up, record the fact of flooding and the damage caused	The video camera or camera must have the function of setting the date and time on the photo. This is important for the court, since emergency workers will not take pictures or video, they will only describe the scene of the incident
Now you need to draw up and sign a flood report	this is the most important document that will help either reach an agreement with the guilty party, or win a trial if she refuses to pay

Even if the neighbor does not renounce his guilt, admits and is verbally ready to pay for the damage, it is necessary to draw up an act.

If in the future the culprit changes his mind, the situation will become more complicated - without a flooding report, it will be impossible to prove anyone’s guilt in court.

A report must be drawn up at the same moment when flooding is discovered.

This must be done in the presence of a commission, which may include the following persons:

The document must indicate three most important facts - the flooding itself, its causes, as well as the cause-and-effect relationship between the flooding and damage to property:

All those present (members of the spontaneously created commission) must sign the document. If a representative of the management company has a seal with him, you need to seal the signatures with an imprint.

How to file a complaint

First of all, you need to try to come to an agreement with your neighbors or management company peacefully, that is, to achieve voluntary payment of compensation.

If this fails (and this most often happens if the amount of damage is very high), all that remains is to file a claim with a judicial authority.

The complaint must be filed with the magistrate or district court at the place of residence or registration of the culprit (neighbors or housing department). This is the only legal way to receive compensation for flood damage.

Important point:

The application must be accompanied by evidence - an act, photo, video.

In addition, other documents are needed:

There is no need to send a written complaint to the guilty party. The success of going to court depends on how complete the evidence presented is.

Compensation for damage

The main question that arises after a flood is the question of the cost of damaged property and compensation for the resulting damage.

Decent neighbors and a decent management company will not refuse to pay, and the problem will be resolved voluntarily.

In addition, the culprit must understand that in the event of a trial, he will have to pay the victim not only compensation, but also the amount of expenses incurred during the trial.

If the victim hired a lawyer, a lawyer, then a considerable portion will be added to the amount of damage.

So the neighbor can easily agree to compensate for the damage peacefully. However, he can ask for and spread out the payment.

This option is also beneficial for the victim, since no one wants to drag out legal red tape for years. Words are words, but the parties must formalize their agreement in writing.

You need to sign an agreement:

Indicate the total amount of damage.
Procedure and amounts of payments in installments.
Refer to the previously drawn up act of flooding (it will become an annex to the peace agreement).

If the entire amount is transferred, then you need to draw up an act to record the transfer of money as compensation for the damage caused.

It is important to indicate that the amount has been paid in full and the parties have no claims against each other. All residents and registered residents of the apartments must sign the documents.

If you receive compensation through the courts, you will have to wait a long time.

Everything happens after a positive decision is made through the bailiff service on the writ of execution:

When a decision is made to compensate losses to the management company, money from the organization is transferred to the victim’s account.

Deadlines

The limitation period for filing a claim for damages is a general statute of limitations of three years. This means. That the court will accept the application within three years from the day the victim learned about the flooding of the apartment.

The date of flooding and the statute of limitations do not always coincide:

How long it will take to consider the case in court depends on the completeness and accuracy of the submitted evidence documents.

If the plaintiff fails to present full evidence of guilt or the culprit is initially incorrectly identified, the trial will drag on for years.

If the situation develops favorably, a decision on the case is usually made a maximum of two months after the application to the court.

Video: who is to blame for apartment flooding

Special nuances

In addition to obvious damage, which is obvious upon visual inspection of a flooded apartment, there may be hidden or delayed damage.

So, if flooding occurred during, then dampness can lead to the collapse of the plaster ceiling some time after the completion of the repair.

The refusal of a representative of the management company to issue a report on the grounds that he does not see any damage is illegal. A flood report must be drawn up in any case, since the damage may be hidden, that is, it will appear later.

For the same reason, victims should record the damage on photos or videos at least twice - immediately after the flooding occurred, and a week after the flood. The spots may become visible only after 3-5 days.

If the accident occurred due to a defect or strip of common property, then the management company is to blame for the flooding. She must compensate for the damage.

What property belongs to the category of common property (that is, such that the management company is obliged to promptly maintain, repair, replace):

These are the main systems for which the management company is responsible. However, in each specific case you need to understand the proposed list in more detail.

A specialist invited to conduct an examination must have the appropriate qualifications and be a member of the Self-Regulatory Organization of Appraisers (its members are required to insure their liability).

This ensures that the expert is guided by all provisions of the law on valuation activities.

In addition to the license and SRO certificate, the expert must have a special document. When inviting a specialist, you need to clarify what tariffs and parameters he will use.

In addition, the expert must clearly and clearly answer special questions (for example, how depreciation expenses of property that has been in use for a long time are taken into account).

All this will confirm the qualifications of the specialist, since the outcome of the court case regarding flooding largely depends on a competent expert assessment.

If the appraiser is illiterate, inexperienced, or does not have the necessary qualifications at all, his services should be refused.

What is regulated

The problem of flooding of apartments is regulated by various legislative acts of the Russian Federation.

The Government Resolution also speaks about the responsibility of the management company for the maintenance of common property:

The rules for providing utility services to residents of apartment buildings are set out in the Decree of the Government of the Russian Federation: