The heating pipe broke in the apartment. Broke through the battery

Imagine a situation - you are returning home, and angry neighbors are standing near the apartment, shouting: “You flood us!”. You open the door, and you see that in one of the rooms, if not a fountain, then a rather strong jet. Ankle-deep water, the situation is sad.

Let's figure out who is to blame for this, what to do now and "where to run."

Causes of pipe break

There are few of them, but further and the search for the culprit depend on each.

Poor state of communications, dilapidated house
Faulty condition of heating devices and valves
Incorrect and connection of heating devices
Marriage in equipment, pipes
Water hammer due to a sudden increase in pressure

It is also important to consider the time of year when the breakthrough occurred.

If this is the heating season, then there may be several reasons for the breakthrough, it all depends on the specific case. The reason is established based on the results of the commission check and examination.

If the accident occurred outside the heating season, then there can be no options. The reason is incorrect hydraulic testing. Intra-house networks were not disconnected from the mains, and since the coolant is supplied under high pressure, pipes or radiators simply could not withstand the pressure. In 90% of cases, this is a human factor, and the fault lies with the management company or the heating unit.

Your actions

1. Urgently report a breakthrough to the management company. And in parallel - to the city emergency service, especially if boiling water is pouring out of the pipe. For this, always keep the UK and emergency numbers at hand.
2. Record everything on the camera of your phone - the place of the breakthrough, the actions of specialists, in general, everything that happens.
3. Do not stop the leak yourself and do not rush to eliminate the consequences. This is dangerous, because during the heating season, the water temperature in the pipes exceeds 55 °C. Not enough to get burns.
4. When the brigade eliminates the accident, fix the damage to the property. You do this first on your own, and then call a commission from the management company, which must inspect the object within 3 days and issue an inspection certificate. You have the right to invite independent experts (by paying for their services) to assess the damage. An expert assessment will become evidence of material claims against the culprit of the accidents during the trial.

Who is guilty?

The most difficult stage comes - to determine the culprit in the flooding.

According to Decree of the Government of the Russian Federation No. 491 of August 13, 2006, the common house property includes a heating system along with risers, radiators, control and shutoff valves, common house heat meters and other equipment on these networks.

That is, the management company serving the house is responsible for the state of communications. By law, the Management Company is obliged to check the equipment twice a year and, at its own expense, troubleshoot and / or replace damaged radiators, pipes, etc.

What happens - the management company is always to blame for the flood? It is the Criminal Code that will compensate the owner of the apartment, as well as the neighbors who suffered from a pipe break? Not so simple.

Firstly, for the annual check of the state of communications, the specialists of the Criminal Code need access to the apartment, about which the residents are notified in advance. If plumbers and locksmiths were not allowed into the apartment, this fact (recorded) removes any responsibility from the Criminal Code and shifts it to the owner of the housing.

Secondly, when pipes or radiators break, the question is important, have they been changed? If the apartment has pipes and batteries from the developer, then the management company is responsible for the leak and compensates for the damage. If the tenants changed pipes and batteries on their own, without notification and involvement of specialists from the management company, then the fault lies with the owner of the apartment. Therefore, when repairing and replacing communications, ideally, you should contact not a third-party organization, but your own management company.

When cooperating with a repair team from the outside, always conclude a contract, keep receipts and warranties for equipment and materials. So you can prove the fault of third parties (workers or the seller), if the cause of the accident is improper assembly and installation of the system or marriage.

Breakthrough of the heating pipe and everything that follows after - refers to controversial cases in legal practice. Each case is considered individually, and the decision - under equal conditions in apartment buildings - can be made both in favor of the Criminal Code and in favor of the owner. It's hard to guess here. Contradictions on the issue start from above - in normative acts and documents.

As we already wrote, Decree of the Government of the Russian Federation No. 491 dated 08/13/2006 classifies radiators installed in an apartment, as well as control and shutoff valves, as common property. This is also evidenced by the Housing Code of the Russian Federation, in particular Article 36, paragraph 3, part 1. At the same time, there is a decision of the Supreme Court of the Russian Federation of September 22, 2009 (No. GKPI09-725), which excludes radiators with disconnecting devices in apartments from the common property of the house.

Here is such a paradox. For a positive outcome of the case, contact lawyers with experience in dealing with housing and communal services.

What to do next?

Unfortunately, it is rarely possible to peacefully resolve the issue of who is to blame and how much to compensate for the damage. If the fault, based on the results of the examination, lies with the management company, it is obliged, within 30 days from the date of the presentation of the demand, to compensate for the losses not only to the owner of the “emergency” apartment, but also to his affected neighbors. Otherwise, the owner submits a statement of claim to the court indicating the amount of damage to him and his neighbors. Additionally, you can claim compensation for legal costs and non-pecuniary damage.

To apply to the court, you must have the following documents:

The act of inspection of the apartment where flooding was recorded
Expert assessment of the damage
Photo and video showing the place of the pipe rupture and the consequences

The more documents - acts, examinations, conclusions - you take with you, the easier it will be to prove the guilt of the Criminal Code or a third party.

If the owner is responsible for the flood, you should not bring the situation to court. It is possible and necessary to negotiate amicably with neighbors, in a pre-trial order. You conclude an amicable agreement on the voluntary repayment of the amount of material damage, where the data (name, address, telephone numbers) of both parties, the date and time of the incident, the amount of damages compensated are recorded. Failed to reach an agreement? Then there is only one way out - the court. Based on the results of the meetings, the judge will make an objective decision on the amount and timing of payment.

Of course, no one is immune from force majeure, but you can still avoid unpleasant situations. Monitor the condition of your home, change communications in time, inform specialists about malfunctions. In an effort to save on the simplest repairs, there is a good chance of spending ten times more. And not only money, but time and nerves.

To be confident in the pipes of your house and not to know the adverse effects, use modern pipe sealing materials! you can directly on our website directly from the manufacturer at affordable prices.

What to do if pipes or batteries burst in the apartment?

In the summer, this can indeed happen, during hydraulic tests, when the pressure in the system is deliberately increased to find weak points. At the same time, it is found where poor-quality installation of pipes, valves and radiators, failure of welds, soldering and threaded connections. Often, the owners of residential premises independently change heating devices, carry out welding and installation work, or invite low-skilled people to perform these works, they do not conclude appropriate contracts with them. Such "craftsmen" have no idea about the SNiP for the installation of heating appliances, about the features of the connection, about the straight and conical threads, and the sealing of the joints. As a result, they get their “coven”, but they do not bear responsibility for their work. Currently, there are many new devices and equipment made of various materials. The owner and the master install them without making sure that this device is adapted to the system of this house, corresponds to the pressure and chemical composition of the coolant. Such situations inevitably lead to damage to property, material damage, not only to one owner, but also to neighbors.

How to be in this situation?

The management company is entirely responsible for the in-house heating system, and in the event of an accident on these elements, the blame for the consequences falls entirely on their shoulders and "wallet". And if there is a breakthrough and water begins to flood the entrance or basement, then in such a situation there is only one way out - to call the city emergency service.

Emergency service

Specialists will come and shut off the supply of coolant to the in-house heating system, and your call will be recorded and will serve as further evidence of the accident.

A slightly different algorithm of actions is to be performed if the heating pipe inside the apartment bursts.

Here are a few immediate steps to take:

1. determine the place of the accident (own apartment or apartment of neighbors);

2. notify the managing organization of the incident;

3. assist in stopping the leak (give access to the mechanic of the Managing Organization or the HOA to enter your apartment to put a clamp on the pipe);

4. fix the consequences of flooding by video and photography, as well as drawing up a flooding report, which must be drawn up (and signed) by representatives of the management office.

Regarding the installation of those responsible for the accident of the heating system in their own apartment, it should be understood that the in-house heating system consists of: risers; supply pipes; threaded connections (couplings and spurs); heating appliances (batteries). If the apartment has "native" batteries, and the owner himself has not changed anything during his stay, then the responsibility for the technical condition of the in-house heating system lies entirely with the management company (HOA). She must at her own expense check the condition of the heating system, for which she is obliged to conduct a technical inspection at least once a year, eliminate leaks, fistulas, etc. they will have to prove it in court, or shift the responsibility to the repair organization that they involved in the repair of heating pipes. It will also be difficult to prove the guilt of the managing organization if you arbitrarily, without her knowledge, made changes to the heating system scheme (brought the batteries to the loggia, balcony, increased the number of sections).

Who is obliged to replace a broken heating battery?

If there is a person (natural or legal) who is guilty of a burst heating battery, then you have the right to sue this person in court to oblige him to replace (or repair) the battery at his expense or to recover expenses from him in your favor incurred by you for your replacement (repair) of the heating battery. In this case, you will have to prove not only the amount of expenses incurred by you, but also the guilt of this person in what happened. It is possible that the organization providing hot water to the heating system has excessively increased the pressure in the system. If so, you should request or sue the organization for a battery replacement. If, by saying that the battery burst through no fault of yours, you only mean that you did not break it as a result of external influence, but the battery leaked due to its dilapidation, then you will have to produce at your own expense.

As a general rule, in accordance with part 3 of article 30 of the Housing Code of the Russian Federation, the owner of a dwelling bears the burden of maintaining this premises. Consequently, being the owner of an apartment in a cooperative house, it is you who are obliged, in the process of maintaining the apartment, to ensure the repair of not only the walls of the apartment, but also the communications located in it (electrical wiring, plumbing, heating, sewerage) at your own expense.

battery breakthrough- an extremely unpleasant thing: if the radiator is already leaking, then the result may not even be the bay of the apartment, but the bay of the entire multi-storey building. Often the batteries break through before the start of the heating season, when a hydraulic test of the system is started. Sometimes the batteries simply expire, sometimes a marriage is found, and it happens that the cause is mechanical damage - for example, fans of banging on the battery to show their dissatisfaction with the spree neighbors can one day flood the whole house to the basement.

Who will be responsible

Who put the batteries, he is responsible for them. If new batteries break through and the apartment floods, the blame will be placed on the tenants by default. If the batteries are original and the residents have never changed them, then utilities will be responsible for their condition.

But do not rush to rejoice if you are led to be the owner of vintage radiators. The act on the bay of the apartment is drawn up by the management company, and it also establishes the cause of the bay. Therefore, sometimes the truth can be found out only after a forensic technical examination has been carried out, and until that time you will learn a lot about the design of batteries. For example, according to the results of an investigation carried out by utilities, it may turn out that the battery could not withstand the temperature difference and burst from hypothermia due to an open window. The window was opened by the tenants, which means they are to blame.

This, of course, is from the realm of fantasy, but few people know that they can really become the unwitting culprits of a battery breakthrough. So, if there are stopcocks on the battery outlets, and the tenant closes them at the same time at the end of the heating season, water remains inside the batteries. After the heating is turned off, the water cools down, decreases in volume, and pressure increases in the blocked battery. As a result, cracks may occur in the radiator and flooding of the apartment is just around the corner.

It is important to remember that even if the batteries were installed by the tenant his position is not hopeless. For example, if the radiator is found to be defective, the seller or manufacturer will be responsible. If the installer did not fix the pipes correctly, then you can sue the company that sent an unqualified employee to you. Therefore, keep all checks and contracts for the installation of plumbing and batteries, as well as contacts of the companies that worked for you - they may still be useful to you, especially if the neighbors demand to pay damages from the bay.

What to do if a flood occurs

Remove children and pets from the room. If a stream of hot water with steam is coming out of the pipe, do not try to collect water - you will earn burns. Throw a blanket or a thick rug over the pipe so as not to get under the boiling water.

De-energize the apartment, or at least unplug all electrical appliances that are in the immediate vicinity of the battery, and call a locksmith to turn off the water throughout the riser. The locksmith must have access to the basement, where the common riser is blocked.

When the locksmith turns off the water, call the utilities to draw upact on the bay of the apartment. Gulf Act - the main document from which you and your neighbors will find out what was - according to the utilities - the cause of the bay. It should also indicate all the damage that the situation of the affected apartments received. The presence of an act on the bay does not mean that the culprit will necessarily be sued, but without it, for example, it is impossible to receive compensation from the insurance company.

Eif the management company is found to be the culprit, we also recommend that you call in independent experts to assess the extent of the damage and obtain an official conclusion, which will list gulf damage. This document will serve you to get compensation from public utilities - peacefully or through the courts. Moreover, if you decide to file a lawsuit, then all costs will be spent when assessment of damage from the bay of the apartment will bear the culprit of the flood.

Across the country, the housing stock leaves much to be desired. Despite promising capital repairs programs, many houses have not seen this same renovation for decades. What can we say about the fact that engineering communications in apartment buildings have long outlived their usefulness, and situations with a breakthrough in water supply, heating or sewage networks are the main headache for emergency services.
This material will discuss what to do if a heating pipe bursts, who is to blame in this case and who must compensate for the damage.

We establish the possible causes of the accident

There are several reasons why a real flood can happen on an apartment scale. The main reason is the natural wear and tear of the system. Houses built before 2000 used traditional heating systems:

1. Single-pipe.
2. Two-pipe.

They were used in different types of apartments, both in rooms and in bathrooms and toilets.

Traditional systems consist of the following elements:

• riser;
• supply pipes (return);
• connections;
• radiators (or batteries).

Breakthrough of the system is possible on any part of it, both directly in the owner's apartment and in the floors of the house. In addition to dilapidation, corrosion due to long-term operation, there are other factors that often cause the battery to burst or the heating system pipe to burst:

• hydraulic shock during maintenance work;
• unauthorized redevelopment of the heating system in the apartment.

Water hammer

Outside the heating season, the housing maintenance management company (hereinafter referred to as the ZhEUK) is obliged to carry out preventive work to check the condition of the heat supply systems in an apartment building (hereinafter MKD). For the purpose of such a check in the summer, the heating system is flushed with cold water under high pressure. In the event that this procedure is done under too high pressure, or the engineering communications themselves are initially damaged, pipes or heating radiators may burst. In this case, it is necessary to immediately contact the representatives of the ZhEUK to stop the procedure for flushing heating systems.

redevelopment

In a number of cases, apartment owners make various changes to the initial housing project, often unauthorized with specialized services and housing and communal services. Such a reorganization of a dwelling usually affects the engineering communications systems, including heating.

The most common example is the expansion of the kitchen area through a balcony or loggia with the reinstallation of heating elements. Such unauthorized intervention in the structure of the building and engineering networks often leads to emergency situations, during which it becomes clear that the redevelopment of the premises was carried out with violations.

If a heating battery or a pipe burst: what to do, where to call

The situation when housing is flooded with water, especially hot from the battery, is stressful for most people. Once in a similar situation, many do not know how to behave correctly, which is why they make mistakes.

Here's what to do if the battery burst in the apartment:

1. First, calm down - panic and useless throwing will not help the case.
2. The next step is to call the ZhEUK in order for the employees of the organization to turn off the water supply. In the event that the flooding of the residential premises occurred at night or on weekends, you should directly call the emergency service, which operates around the clock. Phone numbers of such services are usually posted on the information board at the entrance to the entrance. Just in case, emergency phone numbers are best stored in the phone's memory in advance.
3. If the battery breaks at the height of the heating season, you should not try to eliminate the flood yourself - there is a risk of serious burns from hot water. If a leak occurs during a preventive check in the summer, you can try to localize the flood using buckets, basins and other improvised containers and thereby try to minimize the damage from flooding before turning off the water supply.
4. If possible, try to fix the accident on a photo or video.
5. After the water supply in the heating system is turned off, an act on the flood should be drawn up, displaying in it the scale of the accident and the amount of property damage caused. To draw up an act, it is necessary to invite representatives of the management company, who must survey the flooded premises, displaying the results of the survey in the act. If representatives of the housing and communal services department refuse to come, or do not want to draw up an act, the document can be drawn up by the residents themselves, who suffered from pipe breaks (including hot or cold water risers). At the same time, the refusal of ZHUEK employees to participate must also be indicated in the act of flooding.
6. For greater reliability, you can contact independent experts who will conduct an examination of the premises affected by the bay and issue documents with an estimated cost of damage caused to your apartment.
7. If the apartment is insured, you must contact the insurer with which the insurance contract has been concluded.

The water flows have been stopped, the damage has been fixed, it remains to figure out who is to blame for what happened. The situation is aggravated if not only the apartment where the pipe was directly broken, but also the floors below suffered from flooding.

Who is to blame for breaks in risers, batteries, water pipes

In most cases, the blame for what happened lies with the management company or the organization on whose balance sheet the MKD is located. Managers are required to inspect engineering networks and make current repairs as necessary. However, there are situations when the ZhEUK is not guilty:

• according to the current legislation, the dwelling is inviolable, and the employees of the housing and communal services department cannot carry out an inspection if the owner of the apartment denies them access;
• the owner carried out a replacement of pipes (including the riser) or heating radiators that was not authorized by the Housing Administration.

In these cases, the owner of the apartment will be the culprit of the incident. In addition, if the homeowner has a debt to the management company to pay for the current maintenance of housing, this can also be regarded not in favor of the owner. In this case, managers will refer to the fact that they did not carry out current repairs of heating systems due to non-payment of payments for housing maintenance.

If the apartment is occupied by tenants, tenants

The primary responsibility for maintaining the property in good condition rests with the homeowner. In non-privatized apartments, the owner is the municipality. The landlord, either independently or by concluding an agreement with the management company, is obliged to carry out the necessary ongoing work for the high-quality and safe functioning of all engineering systems in a non-privatized apartment.

Accordingly, if the tenant of the premises may suffer due to the negligence of the landlord, the responsibility will fall on the latter, or on the housing management department if there is a housing maintenance contract.

Even if the housing is rented out, most likely, the management company will be to blame for the pipe break, except in cases where the housing and communal services staff did not have access to the premises for timely repairs, or the heating system was subjected to unauthorized repairs. In these situations, the responsibility will be assigned to the owner of the accommodation, unless otherwise provided by the lease agreement.

When the owner is at fault

Separately, it is necessary to consider situations when the apartment is not centralized, but individual heating. In new buildings of recent years, as a rule, central heating is not provided - home buyers receive permission to install individual heating. In fact, this means that neither the developer nor the Housing Management Department, which will take the house on balance, are not responsible for burst batteries and pipe breaks in such apartments, and it doesn’t matter whether it is a riser, whether the leak is in the living room or bathroom, in the kitchen or in the toilet.

If the landlord entered into an agreement with a certain organization that installed individual heating, it makes sense to file a recourse claim with the judicial authority in order for the contractor to compensate for the damage. If private traders were involved in the installation of individual heating, or the owner independently installed the heating system, the owner will be to blame for what happened, and he will be compensated for the damage if the property of other residents was damaged by the bay.

My home is my castle. If this is a high-rise building, then the fortress is not always reliable. An unforeseen circumstance can happen at any moment. Residents of multi-storey buildings at least once in their lives, but faced with the problem of flooding by neighbors or neighbors: damaged ceilings, fallen off wallpaper, screams, quarrels, and this is not the whole list of damage. The situation is rather unpleasant. It should be figured out if the battery nevertheless broke through and flooded the neighbors, who is to blame for what happened. It is necessary to find someone who will answer and compensate the moral and material damage in full.

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Broke riser or pipe

Back in 2006, the government of our state approved a document regulating the maintenance of the property of apartment buildings. It states that water supply lines and water drainage networks are the joint property of neighbors. Since the tenants pay monthly for the maintenance of this property, the responsibility for the integrity and proper functioning of communications lies with the management company. In the case of a negligent attitude to her work, she will have to compensate the damage to the residents of the building.

The heating system of the apartment consists of risers passing through the bathroom, supply and return pipelines, fittings and radiators. There is no guarantee that the system will not depressurize at your place or at your neighbors today. An emergency situation may arise unexpectedly due to the failure of obsolete equipment, improper operation of heating network elements, violations of equipment installation technology, exceeding the maximum permissible operating parameters as a result of a scheduled check (pressure surge).

In the event of a break in the riser or pipe in the apartment, follow these instructions:

1. Call the housing office and report the incident. If the gust occurred in the middle of the night, it is necessary to call the emergency service and wake up the neighbors.
2. Immediately document the condition of the housing with the help of a photo or video filming, since in the future it will be very difficult to prove the guilt of the Housing Office. The perpetrators can go unpunished.
3. Fix the fact of a breakthrough, a flood, by drawing up an act. To do this, you will need to call an authorized person from the house management and neighbors to act as witnesses.
4. It is necessary to estimate the losses caused to all residents/neighbors. Call an independent specialist.
5. If the management company is found guilty, issue a letter of claim addressed to the house management with signatures from the neighbors.
6. If the management company refuses to compensate for the cost of damage caused by negligence, it is worth contacting a notary and filing a lawsuit in court.

If the innocence of the house management is proved, the neighbors can be held accountable for what they have done. Without documentary evidence of the negligent attitude of the homeowner to the communications located in his apartment, it will be problematic to withdraw the cost of repairs from him.

You should also get an assessment of the damage done by a highly qualified specialist. If the housing is rented out, then the faulty pipes and riser are the responsibility of the property owner, because major repairs, during which the replacement of obsolete equipment is not the tenant's prerogative.

Important! Responsibility is assigned to the tenant if there is evidence of his negligent handling of property. Then he compensates the losses caused to the neighbors and the owner of the apartment.

The owner is responsible for communications in a privatized apartment. He is obliged to monitor the condition of the pipes, handle the heating system carefully, call the repairman in a timely manner, and not perform any actions with the fittings without the presence of an authorized person of the Housing Office.

This article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how to solve your particular problem - contact our consultant for FREE!

Broke through the battery

In the event of a battery break and flooding of neighbors, it is not easy to find the perpetrators. Not everyone knows how to behave in such cases and what can lead to an accident. A rush can happen at any time of the day or night, regardless of the season.

In case of a radiator break in winter, you must be careful: the temperature of the coolant is very high and can lead to burns. It is for this reason that there is a recommendation to place sleeping places away from heating devices. An emergency situation may arise during maintenance work, when water is supplied to the system under high pressure. Timely detection of the outbreak affects the behavior of the owner of the apartment, in which there was an impulse in the future.

Steps to take if a leak is detected:

1. Determine the place of the gust in the heating system, where it is flooded.
2. Call an emergency repair service.
3. If the incident happened during the daytime and not on weekends, it is necessary to notify the housing office about it.
4. It is not advisable to try to fix the leak on your own.
5. To recover damages, it is better to record the fact of an emergency leak on a photo or video.
6. After the impulse is eliminated, it is worth inviting an expert to record the damage in writing. Conducting a commission survey at an early stage will affect the objectivity of the conclusion. Next, you should look for the perpetrators of the incident.

If a heating pipe breaks during maintenance work, it is necessary to immediately report the incident to the building management.

Important! To avoid troubles of this nature, the housing office warns residents in advance about the date and time of preventive measures. If the pipe was not replaced in time and the rupture occurred during the heating period, the repair must be carried out by the building management at its own expense.

According to the Housing Code, the owner of the property must keep it in proper condition. In turn, the house management is obliged to check the state of communications at least once a year. Upon completion of such events, an inspection certificate is issued to the owner of the housing. If, during the preventive maintenance, the residents did not give access to the housing office employee to the apartment, this will not turn out to be anything good during a rush. Since finding a leak during such procedures facilitates the repair or replacement of the battery.

In case of unauthorized replacement of heating equipment without notification and presence of a building management employee, the owner of the apartment will be responsible for its malfunction and consequences. To avoid such trouble, it is worth submitting an application to the Housing Office. There it will be registered and a date for the repair work will be set. At the end of the work, the master will issue an act.

Important! If the battery breaks due to improper installation of radiators and other devices, the liability will fall on the management company.

Broken water filter

Finding the culprit for a broken water filter is not easy. Most often, the responsibility falls on the shoulders of the owner of the apartment. If there is no warranty card for the product, then it is quite difficult to make a claim to the manufacturer or seller even in the case of a factory defect.

Do-it-yourself installation may damage or strip the fittings. In order to somehow protect yourself from the troubles associated with damage to the water filter, you can insure the apartment for liability to third parties (in case of flooding). This will result in 5-6 thousand rubles. for 12 months.

Renting an apartment does not remove the responsibility from the tenants. They are also responsible for the proper use of communications.

Important! When renting housing with the right to purchase, the full responsibility for the communications located in the housing lies with the cooperative, until the last installment is made by the tenant.

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