Act on the bay of an apartment: correct registration, sample 2021

The apartment flood report is an important document that records the fact of flooding, describes the damage to the apartment and indicates the person at fault (if he can be identified during inspection of the premises). A properly executed act is valuable as fundamental evidence.

Files for download:

Proper execution of the act for legal proceedings. The relevance of the act for the trial is obvious; it is drawn up in the presence of the interested parties, after which it is signed by them. In other words, the signatures of the parties give the act legal force.

According to its structure, the act on the bay can be divided into three parts:

• introductory;
• descriptive,
• final one.

When is the bay act drawn up?
You can find information on the Internet that this act must be drawn up by the Criminal Code within 12 hours from the date of contacting the emergency dispatch service. Moreover, this period is based on the norm of clause 152 of the Decree of the Russian Federation of May 6, 2011 No. 354. However, this norm regulates only cases of damage to the consumer’s property by the management organization itself. If the flood occurred due to the owners of another premises or other persons, this rule does not apply. At the same time, in Moscow there is Appendix 2 to the order of the City Order Department of the Moscow Government No. 55-48/1 and the Housing and Communal Services and Improvement Department of the Moscow Government No. 5-37/1 dated March 12, 2001), establishing the general procedure actions in case of such accidents (the period for drawing up a report in accordance with this document is 3 days).

Instructions for filling out an apartment flood report

The act of flooding an apartment is an official document that has legal force in court.

In it, in the presence of the commission, all damage and losses suffered by the victim as a result of the flooding of the residential premises are recorded. Without this paper, it will be difficult to obtain compensation for damages from the culprit, except to try to peacefully resolve this issue and find a solution that can satisfy both sides of the incident. The procedure for drawing up an act should be taken seriously and be guided by the instructions of the Government of the Russian Federation No. 345, approved in 2011. The outcome of the proceedings depends on how correctly the act of filling the apartment is drawn up and filled out. If, through the fault of neighbors or by pure chance, an apartment is flooded, it is necessary to go through all the stages of solving this problem so that everything is clear and correct from a legal point of view.

Victims need:

1. Quickly react to the situation and give an initial assessment. You may need to turn off the water supply in an emergency or turn off your neighbors' taps.
2. Call emergency services.
3. Notify those responsible about the problem and invite them to inspect it. If the perpetrators refuse or for some reason cannot be present at the inspection, you need to send them a written notification notifying them of receipt and invite several outside witnesses.
4. Notify the HOA about the incident by telephone or in person.

• According to legal norms and requirements, when inspecting an apartment and drawing up a report, the presence of three parties is mandatory - the management company, the culprit (or living in the apartment from which the flooding began) and the victim (if he is absent for some reason, an adult member may be present instead his family).
• Despite the fact that in most cases, victims, hoping for the integrity of their neighbors, ignore the legal procedure for inspecting and drawing up an act on the flooding of residential premises, this document is very important.

Flooding report:

• documents the fact of the flood, established and witnessed by three parties (the victim, the culprit (or third-party witnesses), the management company (MC) or the emergency service team);
• is an unconditional basis for filing material claims against the culprit of the incident, since it records objective losses and damages;
• is an indispensable document when going to court and for conducting an independent expert assessment of the damage caused.

Whose signatures should be on the act?

The act must be signed by representatives of the management company, the injured party, and the alleged culprit of the flooding of the premises.

If the premises were rented and the tenant was present during the inspection, in this case, he must also be indicated in the act and must sign it.

If the act is drawn up in the absence of a representative of the management company, then in addition to the above persons, the act must be signed by the chairman of the council of the apartment building.

In a situation where one of the persons participating in the inspection of a premises damaged by flooding refuses to sign the report, a note about this must be made in the report.

Sample certificate of flooding of an apartment

Below are examples describing the disadvantages and advantages of such papers.

A sample report is presented after a flood of an apartment by a neighbor, which takes into account all the rules for drawing up and execution: signatures of the commission, the victim and even the neighbor present, all damage is noted and the reasons for the flood are indicated, and all the necessary stamps and copies are also available.

This sample inspection report after filling the apartment does not include the stamp of the management company. In such cases, the owner must insist that the service organization affix stamps and make all the necessary copies and give you one of them.

Refusal of the management company to draw up or amend the act

If the manager refuses to draw up an act, including the failure of representatives of the manager to arrive, the act can be drawn up by the victim together with the alleged culprit, as well as with the participation of the chairman of the council of the apartment building.

In addition, you should photograph the consequences of the flooding, as well as photograph the apartment from which the flooding occurred. There may be a situation where the culprit of the incident is the management company itself, due to its improper performance of its duties, including the maintenance of in-house engineering systems.

If the act was drawn up by the manager, but one of the persons participating in the inspection considered that the information in the act was not entirely correct, then such a person can contact the manager to have changes made to the act. If the manager refuses to make changes to the act, then you can contact an independent expert who will conduct an assessment. In this case, it is necessary to invite another party to be present during the assessment, i.e. the culprit or the victim, it all depends on who invites the expert; it would also be useful to invite representatives of the management company if there are suspicions of the latter’s guilt in the event that occurred.

How to properly detect apartment flooding

It is not always the neighbors above who are at fault. There are situations when the riser bursts between apartments, i.e., in the ceiling. Here the management company on whose balance sheet the house is located is considered guilty. To sue her, you will need to collect as much evidence as possible. So, in addition to the drawn up act, it is recommended to take photos and videos.

The structure of the document should consist of:

• introductory part (address of the apartment, composition of the commission, time and date of inspection of the apartment);
• document's name;
• main part (detailed description of the flood and damage, identification of the culprit);
• final part (information about the owner of the property);
• certification of the document with signatures and seal.

The main thing in the drafting process is to adhere to legal requirements and norms, as well as the instructions of government Regulation No. 345, according to which the document must contain the following information:

• information about the composition of the commission (full name of each participant);
• a clear, objective description of damage resulting from water inundation;
• determining the cause of the incident;
• information about the analysis of the functioning of engineering communications to identify possible problems;
• information about the inspection of sanitary equipment;
• results of a search for factors indicating a gross violation of the rules for operating communications and plumbing;
• a logical conclusion about the relationship between the event that occurred and the problems detected in plumbing equipment and utilities;
• signatures of all those present during the inspection of the apartment (if one of the commission members refuses to sign, it is necessary to put a corresponding note in the act);
• wet seal of the management company (placed by the manager or chief engineer of the management company) and signatures of authorized persons.

It is recommended to record the fact of flooding on the same day. The maximum time you can invite the commission is the day after the flooding. Remember, the sooner this is done, the better for the injured party. But there are situations when the management company does not provide the appropriate commission. There may be several reasons for this. For example, there simply aren’t enough employees. Or this is done deliberately, because after a few days traces of flooding may be insignificant. In such a situation, it is necessary to conduct video and photo recording, and draw up a report yourself, having previously invited several witnesses.

There are situations when a neighbor admits his guilt and is ready to fully compensate for the damage. It would seem that in this case there is no need to draw up an act. But you need to understand that in a few days the neighbor may refuse his promises, but there will be no document drawn up. Lawyers recommend filing a home flood report in any case. Even if the culprit is ready to compensate for the damage, he must put his signature on the act. Now he will know that if he delays with compensation for damage, the victim may go to court.

Pre-trial proceedings often lead to a dead end, and the victim still has to contact the relevant authorities. Usually, if the amount of damage does not exceed 30 thousand rubles, the case is heard in the magistrate's court. You will have to resort to the services of a federal court in cases where damage in the amount of more than 30 thousand rubles has been caused.

If the injured party expects to receive compensation for material damage, drawing up this act is mandatory. This also applies to cases where flooding was not immediately detected. For example, the owner of the home was on vacation, returning from which he discovered signs of flooding. In this case, the damage should be immediately recorded by drawing up an appropriate report.

Purpose and legal effect

In everyday life, such an act is called differently. But the main purpose does not change, this is primary accounting, recording the following points:

• bay;
• total monetary damage caused to all rooms separately;
• material damage that was delivered to a certain thing (movable objects, expensive items);
• confirmation of the fact of inspection of such flooding by neighbors, the culprit (if he gives consent), and also by employees of the management company.

In any case, regardless of the specific example and the form in which the paper was drawn up, the act confirms the fact of flooding of the premises and general material damage. Compilation is a mandatory procedure even in situations where the flooding was not noticed immediately.

What to pay attention to

Particular attention should be paid to the contents of the leak report in terms of the completeness of the description of the damage caused by the flood.

You should also carefully read what caused the leak. If the reason is not specified, you should write a statement in free form with a requirement to draw up an additional report with a detailed description of the circumstances of the emergency. An incomplete description of the extent of damage, as well as the absence or inaccuracy of a description of the cause of accidents, may subsequently lead to a delay in the damage compensation process and entail additional costs.

As stated above, the affected person is most interested in how to draw up an act of flooding an apartment, a sample of which is presented above. Employees of the management company, and especially the perpetrator of the flood, are not obliged to take the initiative in documenting the incident.

It’s even worse if the culprit and the management company are the same person. In this situation, utility workers will deliberately conclude that the tenant himself is to blame for the bay .

To prove otherwise, you need:

1. Leave a note in the act itself about disagreement with the conclusions of the commission members.
2. Request an independent examination.
3. Submit a claim to the management company, citing a report prepared by experts.
4. File a claim in court if the dispute cannot be resolved out of court.

Competent actions make it possible to hold the management company financially liable and force it to pay compensation for the damage caused by the flood.

Applicant requirements:

• Recognize the drafted act as invalid;
• Compensate for damage caused by the bay;
• Compensate for moral damage;
• Shift legal costs to the defendant.

The court found that the incident occurred in March 2021. Despite repeated calls from the management company employees, they accepted the application only on the fourth day after the flood. The utility workers drew up two flood reports, the last without the knowledge of the affected residents, citing in it the failure of the equipment located in the plaintiff’s apartment.

The results of an independent examination showed the opposite: the emergency situation arose as a result of water hammer and failure of equipment, for the serviceability of which the management company is responsible.

The court decision is to partially satisfy the claims, namely:

• Compensate for damage caused by the bay;
• Shift legal costs to the defendant.

The act was not declared invalid, but the greatest weight for the court is the conclusion of an independent examination.

When a document is invalid

Cases of invalidity of a document on the bay of housing:

1. In case of unauthorized execution of a document, when the guilty party does not want to admit guilt that caused the damage.
2. The act is filled out without a date, indicating a specific address of the event, and without signatures.
3. The act does not reflect the actual state of affairs, it contradicts all damages, general damage, and therefore must be redone.

The 2021 standard sample, the deadlines for its registration and how to draw up a document on flooding of housing with water - all this needs to be known in advance by every home owner because no one can be insured against accidents. As soon as a leak appears, you need to immediately call the emergency service, and then the commission.

It is the commission that fills out the document. Based on this document, it will not be difficult to prove the truth in court if the guilty party refuses to pay money for repairs and elimination of damage.

Who should draw up the bay deed?

Despite the fact that the most interested parties in documenting the fact of a flood are the affected residents, employees of the management company are required to compile it. They are called for this purpose.

The document is drawn up by commission ; among those who must draw up an act on the flooding of the apartment, one must be a technical engineer. This specialist will be able to establish at an expert level:

• The cause of the leak, which unit or component failed;
• Consequences of the incident;
• The cause-and-effect relationship between the flood and the damage caused;
• The extent of damage caused by the gulf.

The absence of such a specialist in the commission gives the culprit the right to claim that:

• The damage, its size, and the damaged finish were recorded incorrectly in the document;
• Damage measurements were not taken, the commission members do not have the appropriate knowledge, skills and tools;
• The list of damaged property includes items that have nothing to do with the bay and were in a damaged state before the incident;
• His guilt in the flood has not been established.

The commission must include at least three members, preferably four:

• Two employees of the management company;
• Two neighbors who had nothing to do with the incident.

The latter are needed as witnesses. Their task includes:

1. Be present during the inspection of the apartment after the bay.
2. Record the fact that the culprit refuses to participate in the inspection.
3. Observe the actions of the management company’s employees when drawing up the act.
4. Confirm in the document with a signature, and in court with testimony, the amount of damage caused.

Residents affected by the flood and those responsible for it cannot be the ones who draw up the report on the flooding of the apartment; they cannot be part of the commission. They have a direct interest in the conclusions that are stated in the document. But both parties have the right:

• Be present during the inspection;
• Indicate additional measures necessary for the objective preparation of the act;
• Make comments in the description of the reasons and results of the flood;
• Receive a copy of the completed document.

If the person responsible for the incident refused to be present during the inspection, he may not be given a copy of the report.

The task of the injured person before inspecting the apartment and documenting the bay:

1. Find out who draws up the act of filling the apartment.
2. Check whether the requirements for the quantitative and professional composition of the commission members are met.
3. Select witnesses from among neighbors who are friendly towards him, have a good memory (not elderly people) and, if necessary, are ready to testify in court.

Sample 2021

When checking the 2021 sample, the time of drawing up, how to draw up the document, great attention is paid to the general content of the act.

In any case, the document must indicate:

• Header – in the right corner of the document, begins with the phrase “APPROVED”.
  The full name of the management of the company that manages the housing stock, which includes the building, is indicated. There is also a place for the signature of the management and the company seal.
• Name, document number (serial), place and date of completion.
• The paragraph begins with the phrases “ The commission consists of ” - the names, surnames, positions of employees of the Homeowners Association, TSN, etc. are written down (everything is written on empty lines).
• The registration continues: “ I have drawn up this act ” - then the number of the apartment where the flooding occurred and the owner’s full name are recorded.
• Characteristics of the building in which the apartment is located - year of construction, floor, etc.
• It is indicated where the water came from - apartment number, full name. the culprit neighbor.
• The damage and the amount of damage in monetary terms (rub.) are indicated
• Below are the reasons for home flooding.
• What standards for the use of residential premises were violated?
• What needs to be done if the damage is repaired, and in what time frame.
• Signatures.

Who calculates the amount of compensation?

Despite regulations obliging service organizations to assess the amount of compensation, they refuse to assume such responsibility and refer victims to appraisers who meet the following requirements:

• Are members of the SRO of appraisers
• Have a specialized higher education or professional retraining
• Insured for more than RUR 300,000
• Have a qualification certificate for the assessment of movable and immovable property

Example of an apartment inspection report

Act No.

inspection of the apartment located at:__________________________

Based on: application input. No. ___, dd.mm.yyyy, from citizen A.A. Ivanov, who is the legal owner of the apartment

Composition of the commission: chairman of the commission (head of the management company) O.F. Petrov, foreman A.N. Semenova, chief engineer

1. Inspection carried out: (facility address)
2. The apartment inspected is located: (entrance, floor, number of rooms, ownership)
3. Presence of debt for utilities: ____________
4. Availability of an insurance policy for the apartment or property located in it: _________
5. Condition of the apartment inside: (assessment of condition and date of last renovation)
6. Was there any redevelopment: _______________
7. During the inspection of the residential premises it was discovered:
8. the ceiling is suspended, completely damaged;
9. There are vinyl wallpapers on the walls, a third of them have peeled off,
10. there are large stains and stains after flooding;
11. windows – wooden, no damage found;
12. the floor is laminate, there is minor damage in the corner of the room;
13. doors - PVC, no damage found.
14. the ceiling is whitewashed, traces of flooding are visible, there are significant
15. damage in the form of whitewash detachment and yellow spots;
16. walls – tiles, no damage found;
17. floor – tiles, not damaged;
18. the doors are wooden, noticeably deformed at the bottom due to swelling
19. During the inspection, it was revealed that the washing machine of the company ____, manufacturer _____, year of manufacture ___, was out of order.
20. As a result of the flooding, the following were also damaged: a cabinet in the bathroom (the door was swollen), a closet in the hallway (the top of the product and the right side part were damaged).
21. Flood detection time: (date and time)

Measures were taken to eliminate the cause of the flooding: blocking the riser on the day of the incident and completely replacing it two days after blocking (dd.mm.yyyy replacement of the riser)

Commission conclusion: as a result of the examination, it was discovered that the cause of the flood was a malfunction of water supply communications

Act No._ was issued based on the results of the external inspection

Ivanov A.A. (victim) — __________

Nikolaenko E.V. (guilty) - __________

Petrov O.F. — _________

Semenova A.N. — _______

Fedorov I.A. — __________

Acquainted with the apartment inspection report No.: Ivanov A.A. — __________ (signature of the victim)

General provisions

Drawing up an act of flooding an apartment is a stage that follows the first actions aimed at eliminating further flooding and preventing accidents, namely:

1. Power outage in the apartment.
2. Calling emergency services and management company employees.
3. Notifying neighbors who are leaking that they are flooding.
4. Saving property from further destruction.

The latter is not the responsibility of the victims; it does not affect the amount of compensation for damage caused. Even if in court the defendant indicates that the quick actions of the plaintiff could have saved some property, the court will not take this into account. During a flood, the injured person has other urgent actions, the implementation of which affects the health and life of his family members, including himself.

It is not recommended to take measures on your own and turn off the water throughout the house or riser. If such actions cause damage, the person who committed them will have to compensate, even if this is a person affected by the flood.

As soon as the first hours are over, the emergency service and employees of the management company are on site, the leak is eliminated, the next question in a situation where the apartment is flooded is how to draw up a report. Its purpose is to document :

1. Dates and locations of the incident.
2. Causes of flooding.
3. Cause-and-effect relationship between the bay and property damage.
4. Information about who is responsible for the flood.

The victim will refer to this document when drawing up and filing a claim in court and defending his position in it.

In addition, drawing up an act on the flooding of the apartment is necessary to fill out an application for an examination. Based on the latter, the court determines the amount of damage caused by the flood. The specialist carries out the necessary work on the basis of an application, to which a report is attached as one of the documents. Its absence leads to refusal to perform assessment work.

How to better formulate the text

The text is written exclusively in an official business style. At the same time, the main requirement for it is extreme specificity and clarity of presentation of facts. That is, all information should be perceived unambiguously, and no questions about the text should arise either from the person who caused the damage, or from the judicial authority, or from other interested parties.

Therefore, when filling out you need to proceed from the following requirements:

1. Describe all the premises that were damaged, if possible, give the total square area damaged by water.
2. It's important to be specific when describing. For example, instead of “the wallpaper in the kitchen is damp,” indicate “the upper part of the wallpaper in the kitchen is damp at a distance of 70 cm from the ceiling on the wall to the left of the window.”
3. When describing damage to a property, it is better to give its official name, especially in the case of expensive items. For example, “the system unit of the 2015 Samsung ArtPC Pulse model is flooded.”

Thus, it is not so important which exact sample act the injured party uses when describing the items damaged by the flooding of the apartment. It is much more important to maintain order, invite witnesses, draw up a document as quickly as possible and collect maximum evidence of harm from an unscrupulous neighbor.

You can find out more about how to do this here.

Procedure (by law)

In order for a document to have legal force and not be rejected in court, certain requirements must be observed when drawing it up. The law (Resolution of the Government of the Russian Federation No. 354) does not directly regulate the procedure for drawing up an act on the flooding of an apartment, but indicates some features.

For example, at the request of a resident of an apartment building, the management company is obliged to create a commission within 12 hours and inspect the property damaged by flooding. The implementation of this rule directly depends on the will of the culprit:

• If he agrees to take part in the inspection, the period of 12 hours can be maintained;
• If he refuses, does not enter into contact with the commission (the fact of refusal cannot be documented), the period for conducting an inspection and issuing a certificate increases to 3-10 days.

In the latter case, utilities must be notified in writing of the date of the inspection. They must have documentary evidence in their hands that the letter was delivered, the tenant who caused the flood knows about the date of the commission’s scheduled work.

The registration of the act of filling the apartment is carried out based on the results of the inspection. If the victim or perpetrator does not agree with the conclusions indicated by the members of the commission, they have the right to indicate this in the document. This is done when the paper is presented for signature by those present during the inspection.

Mandatory requirements (rules) and sample

The absence of a strict form for the document in question does not mean that it can be written in any way. When drawing it up, it must be taken into account that in the future it will be considered by the court, establishing the cause and culprit of the incident, its connection with the damage caused. Therefore, it should contain the following information :

1. Composition of the commission.
2. Conclusion of its members.
3. Description of the damage caused by the gulf with a detailed listing of damaged property.

Drawing up an act on the flooding of an apartment, the mandatory requirements for which are indicated above, can be done on a computer or by hand. The results of the inspection can be entered in descriptive form or a table is compiled with a list of:

1. damaged property.
2. nature and extent of damage.

The larger the damage caused by the bay and the more complex the layout of the premises, the larger the document drawn up will be. The number of copies of the document depends on the presence of the culprit of the flood :

• 2 copies – if he does not participate in the inspection;
• 3 copies – if he participates.

A copy of the act remains with the management company and is issued to the affected person and the person responsible for the spill.

If there are two or more residents who suffered damage as a result of the flood, a separate flood report is drawn up for each apartment.

Before drawing up an apartment filling act, it is recommended that you familiarize yourself with the contents of the sample. It should include :

1. A header in which the address of the apartment is entered when it is compiled, passport details and the status of the persons who are members of the commission.
2. Document's name.
3. The fact of the leak, for what reason and whose fault, indicating the address of the tenant or the full name of the management company, if the leak occurred due to its actions or inaction.
4. Indication of damage for each item - from household items (furniture, appliances, clothing) to the ceiling, walls and floor.
5. Form of ownership of the affected property.

A sample act on the bay is available for download

Upon completion of the document, it is signed by all members of the commission and those present during the inspection - the persons affected by the bay and those responsible for it.