What to do if the roof of an apartment building is leaking - our advice!

Legislation

1. The Civil Code of the Russian Federation regulates relations in the field of property and non-property rights, compliance with property, intellectual, and contractual obligations. Article 1064 establishes the obligation to compensate for damage caused.
2. The Housing Code of the Russian Federation lists the criteria for the quality of service provision in housing and communal services. Article 154 establishes the obligation of owners to carry out major repairs, including roofs, at their own expense. Funds for these purposes should be collected in a specialized account.
3. The Code of Administrative Offenses in Article 7.22 establishes the fine for non-compliance with the rules for the maintenance and repair of residential buildings at 50,000 rubles.
4. Decree of the Government of the Russian Federation dated May 6, 2011 No. 354 “On the provision of utility services to owners and users of residential premises in apartment buildings” describes the criteria for the quality of utility resources, the procedure for their payment and provision, the responsibilities of the parties, and the practice of recalculation.
5. Government Decree No. 491 dated August 13, 2006 “On approval of the rules for maintaining common property in an apartment building”, paragraph 2 includes roofs as part of the common property.
6. Resolution of the State Construction Committee of the Russian Federation dated September 27, 2003 No. 170 “On approval of rules and standards for the technical operation of housing stock” establishes requirements for the maintenance of common property. In accordance with Appendix 2, 24 hours are given to eliminate the leak in the roof.

What to do if the apartment is flooded from the roof?

Based on paragraph 152 of the Decree of the Government of the Russian Federation of May 6, 2011 N 354, if damage to the life, health or property of the consumer was caused through the fault of the contractor, it must be compensated by the contractor, that is, the management company. A damage report is drawn up regarding the fact of damage. This act must contain a detailed description of all damage caused.

The flood report must be drawn up in your presence together with representatives of the management company; they are obliged to come to you after your application.

How to correctly draw up a flood report for an apartment?

If you discover a leak from the ceiling, then by law you are required to report it to the emergency dispatch service of your management company. When contacting the emergency service, your request must be registered in the call log. State your full name, the address where you live, and also tell us what the violation is, in your case it is a leak from the ceiling. Next, ask the dispatcher to tell you the number of your request to the journal, the time of registration of this request, and the dispatcher will tell you his full name. Write down all this data and do not lose the recording, save it, it may come in handy.

Next, we contact your management company in writing. Write a statement and inform it that your apartment was flooded with sewage from the roof. Firstly, demand an inspection and drawing up an inspection report and a report on the identified deficiencies, we also demand that the violations be eliminated and the roof repaired to stop the leak, and secondly, invite a representative of the management company to draw up a report on the damage caused based on paragraph 152 of the Decree of the Government of the Russian Federation dated 06.05. 2011 N 354. Your appeal must be responded to within 3 days. Do not forget to write the application in 2 copies; your copy must be marked with the entry number, signature or seal of the organization and the date of acceptance, if you bring the application and hand it over personally to an authorized person. Keep your copy, this is confirmation of your official application. And my advice to you is to conduct all communications with the management company in writing and store all requests in one place.

You can also send your appeal by mail, registered mail with a list of attachments and receipt of receipt.

After you have submitted your application for consideration, you should receive an answer within 3 days; usually you leave your phone number so that they can contact you. Most likely this will be the case; a representative of the management company will call you back and agree with you on a time to conduct an inspection and draw up the necessary reports.

The most important thing for you is to get 2 acts, this is an act on identified deficiencies, it must be signed by you and a representative of the management organization, one copy remains with you and the second mandatory document is an act on damage. It indicates all property that was damaged due to flooding. Make sure that it contains all the property that was damaged, and these are repair elements, a chandelier, a ceiling, laminate flooring, household appliances, clothes, etc. If the representative of the management company refuses to include any things in the act, write them down on a separate sheet and when signing the act, write your objections with what you do not agree with and write those things that were not included in the act and describe that these things were damaged due to flooding, but the representative of the Criminal Code refuses to include them in the act. This is important, since the act will definitely be in court as evidence, and if you agree and do not add or state anything, the judge will be sure that you simply decided to add things in order to increase the damage and will ask you why you immediately We didn’t include them in the act and at this point it will be difficult to prove anything, so we add all the things at once. As for repairs, traces of flooding can appear within 1 month, so don’t be in too much of a hurry to carry out the examination, the main thing is that you have 2 acts on hand, by the way, the act of damage caused is signed by you and representatives of the management company and your copy remains with you, do not forget to supplement it with objections, if you had any, this is just as important, since the act of damage caused is the main document confirming the damage and it indicates the cause of the flooding.

What to do after receiving a flood report?

The fact that you have an official document confirming the damage is great, but it’s too early to go to court and it’s also too early to demand something from the Criminal Code. As was said, we wait a couple of weeks for the traces of flooding to appear as much as possible, and if you see that after drawing up the report, new defects have appeared that were not there, then you have the right to invite representatives of the management company again and draw up an additional report, do so if new tracks appeared.

If no traces appear, then we need to obtain an official document confirming the amount of damage caused. Such a document can be provided to you by an expert real estate appraiser; such specialists can be found in any city; they usually work in law firms involved in the recovery of damages. Find such a specialist and order a flood damage assessment from him.

You will need to provide for assessment copies of title documents for residential premises, a floor plan, an explication of the apartment, your passport as a citizen of the Russian Federation and an act of damage.

The expert will tell you how to notify the guilty party and invite him to an examination, since during an examination the guilty party is always invited by telegram, and if you do not invite the culprit, then in court he can easily challenge your examination.

When the appraiser comes to you, he will photograph everything and write down all the damage in the inspection report, then within a few days he will prepare a report that will reflect the total amount of damage, which includes not only materials for repairs, but also the cost of repair work. and the value of all damaged items. This is called a report and it is this that confirms the final amount of damage and you can already go to court with it, since it is an official document.

But the pre-trial procedure for resolving a dispute must be followed, otherwise the claim procedure, since if it is not followed, then your claim may simply be denied.

To comply, we send a claim to the guilty party, it is written in free form and we state in it what happened, where and on what date. How the incident is confirmed (report of damage caused, report of identified deficiencies, attach copies). How the amount of damage is justified (expert report, enclosed a copy). Your demands, for example, to compensate for damage in the amount of 150,000 rubles. We put a date and signature. We write the claim in 2 copies and also do not forget to include in the claim a list of the attached documents.

We submit the claim, both acts and a copy of the report to the Criminal Code. On your copy of the claim, the person authorized to receive correspondence must put the date of acceptance, signature or seal and the incoming number, you take the copy for yourself and wait 10 days.

You can also send a claim with the same set of documents, a registered letter with a list of attachments and a notification of delivery by mail.

If within 10 days they do not contact you and express a desire to resolve the conflict, then we will go to court. We draw up a statement of claim in which we write almost everything the same as in the claim, attach to it copies of both acts, a copy of the examination, a copy of the claim with receipt marks (confirms compliance with the claim procedure), there is no need to pay a state fee since we are filing a claim for on the basis of the law on the protection of consumer rights, and on the basis of Article 333.36 of the Tax Code of the Russian Federation, in this category of cases the plaintiff is exempt from paying state fees, we also attach other evidence and other documents and receipts to confirm the costs of preparing for the case.

A lawyer in your city can help you draw up a competent statement of claim, but you can find a sample statement of claim and use it to draw up your own, it’s simple, but be sure to refer to the law on the protection of consumer rights, carefully read articles 29, 13. And also article 1064 The Civil Code of the Russian Federation and Chapter 59 of the Civil Code of the Russian Federation, this chapter regulates the procedure for compensation for damage.

Be aware that, on the basis of paragraph 6 of Article 13 of the “Law on the Protection of Consumer Rights,” an organization that voluntarily refuses to satisfy the consumer’s demands upon a claim pays a fine in favor of the consumer in the amount of 50% of the amount of damage.

Also, in the future, you have the right to recover from K a penalty for the fact that she illegally withheld your funds.

What to do if the roof is leaking

A roof leak can lead to a series of material losses: damage to the ceiling, wallpaper, swollen floors, burnt electrical wiring and equipment. Therefore, it is important to record that the damage was caused precisely by roof leaks. To do this you need to use:

1. Photo and video equipment. It is necessary to take high-quality color photographs and videos with the date and time of shooting displayed. All leak locations need to be recorded; while recording, you can comment on the damage caused by the accident.
2. Written testimony of neighbors with the involvement of disinterested witnesses.
3. A commission from the Criminal Code to draw up an act.

Where to call

If an apartment building is managed by a commercial management company, then in case of a roof leak, you should call the company’s hot number. The company's telephone number is indicated on payment receipts for accrual of payments for utility services. The house’s self-government also has a company number, whose members regularly cooperate with the management company on issues of house management. The third option for searching for a number is the Internet. The Rosreestr website contains a list of companies that manage houses on the territory of a subject of the Federation.

You need to contact managers as quickly as possible, since the speed of response will determine the amount of material damage caused to the apartments on the upper floors, as well as to the house as a whole. During the call you should inform:

• Full name of the applicant;
• address of the object location;
• date and circumstances of leak detection;
• identified material damage caused to the house.

Attention! The details of the dispatcher who accepted the request should be clarified and recorded. This information will allow you to challenge the inaction on the part of the management company if specialists do not arrive on site to identify and repair the breakdown.

Who to call if the roof of your apartment is leaking

If the roof is leaking, you need to urgently call the emergency dispatch service of the management company or the HOA that services the apartment building. The number can be found on the organization’s website or at the information stand. When calling, you need to find out the full name of the dispatcher and the number under which the application was registered.

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Hotline

a dedicated hotline at 8-800-100-0004 , which a citizen can call free of charge from anywhere in Russia. Roof leaks, especially due to negligence of utility services, are a core problem of this government body.

But before involving third parties, you need to demand that the management company fix the leak, for example:

• in Moscow, educational institution "Kurchatovsky" by phone 196-09-86;
• in St. Petersburg, Management Company "Cosmoservice" at number 332-05-05;
• in Krasnodar Management Company "Krasnodar", phone 991-21-00;
• in Rostov-on-Don LLC PKF "YUG-TT" at number 278-09-52.

Where to complain

The next action after the phone call is a written complaint to the following authorities:

1. The management company is a commercial organization to which residents pay monthly amounts for maintenance of the common property of an apartment building, including the roof.
2. The State Housing Inspectorate is a government agency whose main function is to control the activities and timely fulfillment of obligations by housing and communal services.
3. Rospotrebnadzor is a government body that is often called upon to solve problems with public utilities. Violation of the terms of the contract by the management company, combined with a threat to the life and health of citizens, the growth of mold and mildew due to dampness, is the specificity of Rospotrebnadzor.

The following must be attached to the complaint:

• certificates of ownership of living space or lease agreements;
• certificates of absence of maintenance debt;
• photo and video evidence of leaks;
• act of the Criminal Code on the incident;
• information about previously taken actions (calls, appeals).

You can file a complaint with these authorities one by one or simultaneously.

We write a complaint/statement about a leak

Papers are drawn up according to standard rules. The document must be written in literate language, contain references to clauses of the contract and laws, and not contain emotionally charged statements or fluff.

The complaint has the following structure:

1. A header indicating the full name of the manager, the name of the management company or government agency, data of the initiators of the complaint: their full name, addresses.
2. Below is the name of the document - complaint or statement.
3. In the main part, you need to describe the problem in detail, indicate the exact locations of the leaks, the date and time the flood began, and list the damage.
4. It is important to apply for a commission to fix the leak.
5. At the end of the claim, the participants and their signatures are listed.

IMPORTANT! Anonymous complaints will not be considered.

You can deliver the document to the addressee yourself, register 2 copies in the office, and leave one of them as evidence.

You can also use the services of the Russian Post by sending a registered letter with notification.

Another option is to use Internet resources: official websites of government agencies, the State Services portal, RosZhKH. There you have the opportunity to leave an appeal to any government authorities and complain about the inaction of the Criminal Code.

Claim to the management company for compensation for damage due to flooding

Pre-trial paperwork in the Criminal Code is a mandatory stage for resolving a dispute and voluntary compensation for damage to victims of roof leaks.
First, you need to make a calculation of compensation for damage based on expert data. The cost of the appraiser's services is also subject to reimbursement at the expense of the guilty party.

The claim to the Criminal Code contains the following information:

1. Full name, name of the management company, details of the sender, his telephone number and address, grounds for ownership and use of the apartment.
2. The title of the document is a claim (demand) for damages.
3. In the main part, the initiator describes on what day and time the flooding occurred and names the commission that drew up the act. It is also necessary to indicate that requests were made by telephone to the emergency dispatch service, appeals were written, and the damage was linked to the fact of flooding. List the damage in accordance with the expert opinion and state the amount. Demand compensation for damage in accordance with Art. 1064 of the Civil Code of the Russian Federation by transfer to an account.
4. It is imperative to stipulate that if within 20 days from the receipt of the claim the demands remain unanswered, the initiator will go to court.
5. At the end there is a date of compilation and a signature.
6. The attachments will include a copy of the certificate of ownership, a report on the condition of the apartment drawn up by the residents, an extract from the call log, and an expert’s opinion.

Causes of leakage - who is responsible?

As practice shows, homeowners become aware of a hole in the roof only after wet spots, mold and mildew begin to form on the ceiling. This means that there is already a flood in the attic, which remains unattended by utility services. Finding the culprit takes a long time, as each organization tries to shrug off responsibility.

The Housing Code stipulates that in order for the roof of an apartment building (apartment building) to not leak, regular inspections and major repairs are required. Verifications must be done:

• management company performing duties on a commercial basis;
• Housing and communal services - if the management of the house is carried out by self-government of residents (including HOA).

The responsible organization initiates measures aimed at identifying and eliminating the causes of the accident, as well as eliminating the consequences of the leak. The reasons include the following:

• poor quality material used to make the roof;
• significant wear on the roof;
• violation of rules for home repair and roof installation;
• mechanical damage to roofing materials and structural integrity;
• significant temperature changes, which contributes to the occurrence of condensation (excess moisture destroys wooden structures and roof coverings).

Depending on what caused the roof leak in the house, as well as the scale of the disaster, further repairs will depend. After contacting the management company, the company reviews the losses and prepares estimates for future repairs. Residents organize a meeting at which they vote for ongoing/major repairs on the terms of the Criminal Code.

How should the management company react?

The management company has certain obligations to residents when the roof leaks. After all, this is common property that residents transfer to the management company for maintenance.

Responsibilities of the management company

She is obliged to maintain the common property of the house, which includes the roof. Accordingly, if it leaks, the management company is obliged to take all actions to restore integrity.

First of all, the dispatcher must register the request, regardless of whether it is made by telephone or in writing.

Next, a plumber or other worker (specializing in roof repair) is sent to the address, who will determine the cause of the leak and report to management about the necessary materials and specialists to solve the problem. The commission draws up a report on roof leaks. Action is then taken to eliminate the flood.

When?

After registering a complaint, you are required to respond to it within 30 days.

The leak in the roof must be repaired within 24 hours in accordance with Gosstroy Decree No. 170.

Where to go if your roof is leaking - step-by-step instructions

The solution to the leak problem can be dealt with by the housing and communal services when the house is managed by the HOA, or by the management company if the residents have signed an agreement with a commercial organization. The treatment algorithm, as well as the procedure for the assigned team, will be identical in each of these cases.

Contacting the dispatcher

You can submit an application in person at the organization’s office or by telephone. There is also a feedback form on the company’s website where you can leave an electronic request. The most reliable option is personal presence. This will allow you to monitor the registration of the application in the journal, as well as establish which official accepts the application.

Contacting the management company, sample complaint

If the roof is leaking, the victim can file a written petition with the Criminal Code and send it by mail.

Drawing up a premises inspection report

The team that arrives at the scene immediately begins to inspect the scene of the incident, the results of which are recorded in the inspection report of the premises. The act is signed by the responsible inspector, all invited specialists, as well as the property owners who suffered from the accident. A copy of the act is given to one representative from the house.

Complaints to other authorities

It is advisable to forward claims to other authorities only if the management company/housing and communal services did not take timely action to eliminate the violation. Or if the leak recurs regularly, and specialists refuse to carry out major repairs. Where you can write an application is described below.

The management company does nothing

If the leak is not repaired properly, you need to take the actions described above: complain to government authorities, order an examination of the damage, file a claim with the Criminal Code. If these methods do not work, you need to go to the prosecutor's office.

Complaint to the prosecutor's office

This is a supervisory government body that controls not only any infringement of the rights of citizens, but also the inaction of officials.

IMPORTANT! The specificity is that the complaint will be considered only if it is addressed to previous authorities.

An application to the prosecutor's office is drawn up in a standard manner similar to complaints to other authorities. It is necessary to list in detail how long the management company has been inactive, what property was damaged, and what was done to resolve the situation.

A collective complaint will have a greater effect, since this indicates that the interests of a wide range of people are affected, and the amount of damage increases significantly.

The prosecutor will help restore justice: he has the right to fine the Criminal Code and oblige him to fix the leaks.

How and what to do if the roof of an apartment building leaks?

Prevention of leakage depends on the shape of the covering and the roofing materials used. Let's consider the most common case of leakage on a flat roof covered with rolled bitumen materials. In past times, most houses were covered with roofing felt. Of course, over a long period of use, the roofing material had worn out, and areas peeled off from the sun and precipitation appeared.

Photo 5 - Peeling of roofing material

Photo 6 - Crack

1. First you need to inspect the coating and determine the level of damage visually.

2. The best way to eliminate troubles is to completely cover the entire surface area with new roofing material (f. 1-2). Those owners of high-rise buildings who decide to cover the entire house act wisely. There are many high-quality materials for this (f.3). If there is no money to cover the entire house, at least one entrance is completely repaired. This solution may eliminate lesions, but does not guarantee complete protection. The tricky thing about flat roof leaks is that water can move across the floors in any direction. If the roof is “leaky” at the junction or near the drainage pipe, then there is a possibility that the leakage will stop if these places are sealed (f.4).

3. When financial problems do not allow you to block the entire entrance, you can try to fix the leak with selective repairs. The success of such repairs will be temporary (if any). But, if a major renovation of your home with a roof replacement is planned in a couple of years, then you should try to correct the situation for at least a few seasons. At the same time, cracks, swelling, and peeling at the joints are sealed (f. 5.6)

4. Often the owner who experiences the “waterfall” the most tries to correct the situation on his own or with the help of specialists. If he has a 2-room apartment with a total area of ​​56 sq.m., he buys one or two 10-meter rolls of rubemast or other similar material. This coating can cover 20 sq.m. planes at the affected sites. New roofing material is laid on the most emergency areas. In places near drainpipes and in other areas, you can treat the surface with a special polymer mastic.

Lawsuit

If none of the above actions caused a response, the roof continues to leak, the management company is inactive, or the damage remains unreimbursed, you need to use the last option - legal protection. The amount of the claim includes:

• damage;
• cost of services of an expert, lawyer;
• moral damage;
• court expenses.

The statement of claim must describe in detail the circumstances of the violation of rights, the time that has passed since the beginning of the flood, and the history of communication with the authorities.

A sample or form of a statement of claim can be taken directly from the court.

List of documents for the court

For a successful court hearing, the following documents will be required:

• leakage report drawn up by commission;
• correspondence with the Criminal Code, government bodies;
• photo and video materials;
• results of damage assessment examination;
• document confirming ownership;
• receipt of payment of state duty;
• a copy of the owner’s agreement with the management company;
• confirmation of moral damages, cost of examination, lawyer’s services and other legal expenses.

What to do if the case goes to court

The court considers property disputes between participants, but proving the guilt of the organization is not within the powers of Themis. Thus, when preparing a statement of claim, the following features must be taken into account:

• the petition is prepared in several copies (one for each participant in the trial);
• in addition to the claim, a list of documents confirming the accident, as well as the damage caused, is prepared;
• among the papers there must be evidence of guilt of the housing and communal services / management company;
• Conflict resolution is the responsibility of district courts.

Along with the claim, the citizen must submit:

• personal passport;
• technical passport for the apartment;
• confirmation of registration in the house;
• legal basis for being in a residential area - purchase agreement or lease agreement;
• explanations of witnesses (neighbors, other victims, the dispatcher who received the appeal);
• photographs and videos of the accident;
• photos of premises affected by roof destruction;
• a copy of the roof inspection report by housing and communal services specialists;
• paper with damage assessment (commission’s conclusion on how much money will be needed to repair/purchase new furniture);
• copies of all complaints and statements to the Criminal Code, as well as official responses from the organization.

If the residents have repaired the roof

If the roof is constantly leaking, the management company is inactive, and it becomes impossible to live in the apartments, the owners can repair the roof themselves. In this case, you need to carefully collect receipts.

The roof is part of the common property, the maintenance of which is carried out by the management company under the contract. Accordingly, this is her responsibility. After completing the work, you must contact the management company with a written request to reimburse the money to the residents or offset these amounts against future payments. If there is a refusal, you need to go to court.

It is important to know that the management company can only perform routine work, for example, caulking joints, replacing corrugated sheets or slates, galvanizing metal structures.

It is also necessary to take into account that part of the roofing work may be included in the list of major repairs (global replacement of pipes), then for compensation you will have to apply to a specialized Fund, into whose account residents paid monthly amounts established by law. Or decide on the issue of reimbursement of expenses from a special account at a general meeting of residents. Offset or compensation is possible in the amount of what the owners have accumulated at the moment; the rest will have to be paid for themselves.

If the Criminal Code is inactive - the procedure for filing a claim in court, judicial practice in such cases

In order to recover compensation for damage caused, the owner of a flooded home must apply to the judicial authorities:

1. If the value of the amount recovered is less than 50,000 rubles, then the claim is filed in the World Court.
2. If the amounts exceed 50,000 rubles, then the application should be submitted to the District Court.

The claim is filed at the place of residence of the defendant. If there are several culprit-defendants, then you can contact the authority at the place of residence of one of them.

Along with the damage, the injured person will be able to recover legal costs and the costs of paying for the services of lawyers representing his interests.

Judicial practice is such that citizens affected by a roof leak cannot always recover compensation. The point is in the evidence provided and data from the inspection report of the premises. If it does not indicate the cause of the violations or the culprit, then it is quite difficult to prove the leak and the culprit. If you have all the documentation and evidence of the defendant’s guilt, you can safely go to court.

Approximate consideration of a case in court is 2 months .

As for the recovery of moral damages, there are two options:

1. You will be able to recover it if the culprit is a management company that provides services for repairing the common property of the apartment building.
2. The second option is the impossibility of recovering moral damages. This is possible if the culprit is not identified, or the roof leak was due to the fault of third parties.

Where to contact

You should interact with the management organization, which, under an agreement with residents, is obliged to carry out routine repairs in apartment buildings and, if necessary, involve contractors in eliminating leaks. You will need to submit your application in writing.

An initiative group of residents can tackle the problem (usually everything depends on its scale). The management organization is the body to contact if the roof of an apartment building is leaking. First, the application must be addressed to her. If it does not respond to the legitimate demands of citizens, then it is necessary to contact the Housing Inspectorate or the prosecutor's office. If a solution to the problem is not found, you will need to go to court.