Responsibilities for replacing risers in a privatized apartment
The newly minted owner of an apartment sometimes does not even suspect how many problems he will now have to solve. And one of them, who now owns the responsibility for replacing risers in a privatized apartment? After all, along with the living space, communications, including common house ones, also become the property.
But the confirmation of the fact that all pipes, including water, heating, gas and sewer pipes, are the property of the residents of the house, does not answer the question, who should still change the risers in a privatized apartment? The same document refers to such a concept as repair (current and capital).
At whose expense should the heating radiators in the apartment be changed?
Hello, Elena. Replacing and restoring the performance of individual elements and parts of elements of internal central heating systems, water supply and sewerage, hot water supply are current repairs. Maintenance is the responsibility of the tenant. If you make a complete replacement of the battery, and not elements (sections), then this is the responsibility of the landlord (owner of the apartment), but for this you need to obtain a written opinion from an expert (replacement order). It is regulated by the Decree of the Gosstroy of the Russian Federation of September 27, 2003 N 170 “On approval of the Rules and norms for the technical operation of the housing stock” (Registered in the Ministry of Justice of the Russian Federation on October 15, 2003 N 5176).
Legislative decision on the issue of property
Are the batteries common property or is it private property for which the owner is responsible?
The Government approved Decree No. 491 dated 13.08.06, which provides a list of property common to residents of an apartment building. In this list:
- risers;
- shut-off and control valves;
- collective metering devices, heating elements.
According to this decree, the design of radiators can officially be considered the property of common use, common house property.
But management companies and housing office enterprises serving the house prefer to hide this information. And as a result, the tenants, the owners of the apartment, when the battery is leaking, they try to repair it themselves.
Replace with a similar or better, improved design. Management companies save on repairs by shifting their responsibilities to consumers.
Who should change the batteries in the apartment if it is privatized
Real trials are waiting for those who arbitrarily changed the radiators in their apartment without the consent of the relevant organization. Even if the leak is not the fault of the tenant and is not related to the installation of new equipment, utilities can make the landlord guilty of what happened.
Important! Sometimes a change in the configuration of heating devices and an increase in their number is perceived as a re-equipment of the premises with amendments to the technical passport of the apartment. In fact, battery replacement is not reflected in the technical data sheet, since only the type of heat source is indicated there, without specifying specific heating devices.
Have a question for a lawyer
Good afternoon. Battery replacement is a major overhaul that the owner must do:
Article 65
2. The landlord of a dwelling under a social tenancy agreement is obliged to:
3) to carry out major repairs of residential premises;
Therefore, since you are the tenant, the batteries should not be replaced
02 August 2013, 09:06
Kotelenets Irina Viktorovna
Replacement of radiators (batteries) in a municipal apartment should be carried out at the expense of the municipality, i.e. the owner who owns the property.This is established by the following rules:
- Part 4 of Article 155 of the Housing Code of the Russian Federation;
- paragraphs 6, 28, 30-a), 38, 41 of the "Rules for the maintenance of common property in an apartment building" (approved by the Decree of the Government of the Russian Federation of August 13, 2006 N 491; as amended by the Decree of the Government of the Russian Federation of May 06 2011 N 354); - paragraph 11 of Appendix 7 "List of works related to current repairs" of the "Rules and norms for the technical operation of the housing stock (approved by the Post. Gosstroy of Russia of September 27, 2003 N 170).
02 August 2013, 09:08
Batteries are an inseparable part of the central heating system of a residential building, that is, common property. Therefore, they must be repaired or replaced, in your case, at the expense of the landlord.
According to Art. 65 ZhK RF:
1. The landlord of a dwelling under a social tenancy agreement has the right to demand timely payment for the dwelling and utility services.
2. The landlord of a dwelling under a social tenancy agreement is obliged to:
1) transfer to the tenant a living space free from the rights of other persons;
2) to take part in the proper maintenance and repair of common property in an apartment building in which the rented residential premises are located;
3) carry out major repairs of residential premises;
4) ensure the provision to the tenant of the necessary public services of proper quality.
3. The landlord of a dwelling under a social tenancy agreement, in addition to the obligations specified in paragraph 2 of this article, shall bear other obligations stipulated by the housing legislation and the contract of social tenancy of a dwelling.
02 August 2013, 09:11
. .radiators are an inseparable part of the central heating system of a residential building, that is, COMMON PROPERTY OF THE HOUSE.
This means that they must be repaired at the expense of housing cooperatives, homeowners associations, and the management company.
Write a statement, draw up an act, if anything, then complain to the STATE HOUSING INSPECTION, they will not talk for a long time, they will quickly issue a fine. Decrees of the Government of the Russian Federation No. 491 6. The common property includes an in-house heating system, consisting of risers, HEATING ELEMENTS, control and shut-off valves, collective (common house) heat energy meters, as well as other equipment located on these networks.
The entire heating system, down to the last screw, is the common property of the house.
If anyone demands even a penny of additional payment ABOVE the monthly payments for current repairs and maintenance - THIS IS EXTORTIATION.
If none of the above responsible persons helped, write a statement to the court and attach an act on the damage incurred.
How to get permission
Older models of heaters may not meet quality requirements. If you want to change outdated equipment to new one, you should contact the management company or another authority that is responsible for heating systems in apartments.
- If the replacement is carried out with similar designs, it is enough to simply provide information about the upcoming installation work.
- Radiators of another model will be installed, which may lead to an increase in the heating area? Representatives of the management company will perform an examination to find out the possibility of changes in the heat balance of the building. The master will inspect the area of \u200b\u200bthe house, new batteries, and study their technical data.
- Also, the examination is carried out in the case when the overhaul of the apartment involves a change in the configuration of the pipeline.
IMPORTANT! It is necessary to carry out work taking into account all the requirements of communal legislation. In this case, they will not be considered a violation.
Often, apartment owners think about choosing craftsmen for installation work. You can call specialists from a private company who will carry out the work quickly, using professional equipment.
But it is better to use the help of masters from the housing office or the management company, they know better the features of laying utilities in the house, the location of the taps, they know how to change the heating without problems for other residents.
In the event of a leak in the heating system, there will be no claims against the owner of the apartment. It is also beneficial to contact “local” plumbers, if the heat meter breaks down, they will carry out the work professionally.
Owner or management company Who should change batteries in a privatized apartment
Electric meters installed on landings are common property in accordance with paragraph 7 of Decree of the Government of the Russian Federation No. 491, therefore, replacing an electric meter in a privatized apartment, maintenance costs should be at the expense of the management company, if the concluded contract provides for such obligations.
- Any type of work must be preceded by a plan that takes into account the breeding of communications and equipment, the layout of rooms, and determining the place for furniture. The plan should include the estimated cost of materials and the cost of work, some of which is performed by the management company.
- Dismantling.
- Equipment of technological openings (windows, doors), balconies.
- Construction of partitions, walls and their rough finish.
- Filling floors.
- Replacement of risers, pipes, laying of electrical networks. In parallel, work is underway to lay cables to ensure the operation of the Internet and television.
- Bathroom waterproofing and tiling.
Accident during the heating season and outside it
The housing company is fully responsible for intra-house communications, if the tenants did not make repairs on their own. Therefore, if the pipe burst during the heating season, then all responsibility falls on their shoulders.
Outside the heating season, an accident can also occur, despite the fact that the coolant does not circulate at this time. Heat supply companies at the end of the heating season begin to conduct hydraulic tests.
This is necessary to identify problem areas and eliminate them before the start of the next heating season.
To exclude such actions:
- residents are temporarily disconnected from supply lines;
- service in each apartment installs valves.
Do not rush to immediately look for those responsible for what happened - we recommend fixing a breakthrough so that you can later use a photo or video when trying a case in court.
Causes of a battery break
The risk of leaking radiators exists regardless of the season.
Info
We contacted the housing department, they told us that if you don’t like it, then change it yourself. And they are not afraid of any law.
Housing department employees listen little to the requests of residents when it comes to replacing old batteries.
My husband and I also changed them ourselves, and we also had to add one to make it warmer. And no one notices anything, as if it should be so.
We live in an apartment building, the batteries are not separated by any valves.
When we had a breakthrough at the junction of the pipe and the battery, we called in repairmen, of course, at our own expense. So who should pay for this repair: us or the management company?
-
Hello Helen! Answering your question, it is necessary to refer to the norms of the law, namely the Housing Code, Government Decree No. 491, as well as the decision of the Supreme Court.
All of the above regulatory and legal acts unanimously state that in-house heating radiators are the property of the owner of the apartment if they are equipped with shut-off valves.
What to do if the UK refuses to replace batteries
Despite all the legal obstacles, it is often much easier to replace the battery yourself than to obtain the same from the management company legally.
In response to your request to replace the central heating batteries in the apartment, the public utilities may refer to the clause “on the balance sheet delimitation” of common house and private property, for which the owner himself is responsible for the repair and maintenance of the batteries.
Therefore, if the central heating batteries in your apartment require replacement (and there is no jumper on them), and the management company refuses to pay for this procedure, then write an official letter to the house service organization demanding to change the batteries. And, having studied the legal side of the issue, get ready to defend your case in court. And to save heat, you can always install heat meters in your apartment.
Responsibility of the owner to the residents of neighboring apartments
Installation of new batteries must be carried out competently and professionally. Otherwise, there is a high risk of flooding neighbors, which can lead to significant costs. This happened repeatedly. Responsible for material damage is either the owner of the apartment in which the radiators were replaced, or the organization that installed them. It should be noted that companies have more opportunity to relieve themselves of responsibility, therefore, it is often the homeowner who has to compensate for losses. This usually happens in the cases described below.
New batteries are not public property
The managing organization is only responsible for equipment that is considered common household property. If the radiators are supplied by the owner of the apartment without her participation, he will be responsible for the flood. The court recognizes batteries as public property in such cases:
- they heat several apartments, are located at the entrance, on the landing;
- radiators are not equipped with separate disconnecting devices and can only be removed after disconnecting the common heating riser.
Unauthorized replacement
In old houses, engineering heating systems were installed during their construction and are considered common property. The management company is responsible for their repair and the consequences of the flood. But she can prove that the radiators were replaced by the owner without authorization when he does not have the appropriate permission. The court in such situations takes the side of the company and forces the owner of the apartment to compensate the damage caused to the neighbors in full.
To prevent this from happening, it is necessary to send an application to the operating organization asking for permission to replace the batteries before replacing the batteries. It must indicate the type of new radiators and the date of their installation. Keep a copy of the application with the landlord. The management company in this case must drain the water from the heating system before replacing the batteries. She can send her own experts to install radiators or supervise how they are installed. A homeowner who has acted in accordance with such rules will not be responsible for a flood to neighbors if it occurs.
Responsibility of the homeowner for unauthorized transfer of the battery
Changing the location of radiators is considered by law to be a redevelopment of housing. This means that the owner must first coordinate their actions with the relevant authorities. He will need to provide a project for the future transfer of batteries, along with a technical plan.
If the reconstruction of the heating system is not agreed with the managing organization, it is considered illegal and is subject to a fine in the amount of one thousand to one and a half thousand rubles. The court may require the radiators to be moved to their original location. If the owner arbitrarily connected an additional battery, the management company has the right to charge him an increased payment for heating. With an unauthorized connection, it can grow 10 times.
Replacing heating batteries in an apartment with your own hands or through a housing office
Based on the foregoing, it becomes clear that the owner must and can provide for the replacement of all pipes, radiators, meters, heated towel rails and other similar equipment located inside the privatized living space. But at the same time, water, sewer, gas, heat-conducting and electrical communications risers that supply resources to the house and premises are common property, and therefore taking care of their condition is the task of the municipality, cooperative, management company. Replacement procedure All work on the repair, restoration and replacement of equipment has a clear algorithm, i.
Important
ATTENTION! In this case, you should write an application for a replacement officially, register it. It is recommended to consult on this issue with a lawyer experienced in the field of municipal law.
If the management company ignores consumers and does not deal with its direct business, a written appeal will become the basis for going to court.
The procedure for replacing heating through the UK and ZhEK. In our article, we will talk about the procedure for replacing the heating system in an apartment through the Criminal Code and by contacting third-party specialized organizations.
In addition to the application for replacement, the Criminal Code provides: - a certificate of the presence of the organization you have chosen in the unified database of the Unified State Register of Legal Entities; - title documents for the apartment; - technical documentation of the premises where the batteries will be replaced. It may take about 1.5-2 months for the management committee to consider the entire package of documents. To refuse the admission of the contractor to the production of works, the Criminal Code does not have the right.
If the apartment has old radiators, then replacing them will cost a decent amount.
At whose expense should batteries be replaced in the apartments of the owners, who will be responsible in case of an emergency after a leak? We will talk about how the heating battery is replaced in the apartment through the housing office, in the article.
Find out the answer right now.
The issue of ownership of heating appliances in an apartment is not easy.
In accordance with Part.1 Article. 36 of the Housing Code of the Russian Federation, plumbing and other equipment is considered common good in the MKD, but only on condition that this equipment serves more than one room.
The same also says part 1 of Art.
If there is a valve, the replacement of heating batteries in the apartment will be referred to as current repairs, and, according to clause 4 of the social contract, it is carried out at the expense of the tenant. In particular, the contract states that the tenant is obliged to monitor the serviceability and safety of the equipment inside the apartment and make current repairs to the premises “at his own expense”.
It is good if your apartment receives enough heat through central heating appliances to feel comfortable in the cold. But when it is not enough due to low thermal power or leakage of radiators, it becomes necessary to replace the batteries.
For what and how can the owner be punished
It is worth knowing that batteries that can be removed only if the heat is turned off throughout the riser are recognized as common house property and the management company (MC) is responsible for such property. Therefore, when replacing a common house radiator by the owner without notification and obtaining permission from the Criminal Code, the consequences in the form of leaks, improper connection, and other things fall on the owner of the apartment.
If, during the replacement, the battery is also moved to another place, the legislation recognizes the actions as a reorganization of the living quarters. And this means that the owner must have a technical reorganization plan in his hands, which is previously agreed with the local administration.
Loading …
When transferring the radiator to another place, that is, in the case of rebuilding the apartment, the owner may be imposed an administrative fine of 1000-1500 rubles and forced to return the room to its previous appearance - a lawsuit is brought against this with a decision.
If the owner not only transferred or replaced the battery, but also connected an extra (additional) radiator, attached sections, then the management company has the right to charge additional heating fees. The calculation will be carried out according to the standard, increased by 10 times. The amount is very large.
legal solution
If you are not plotting anything illegal, do not plan to increase the number of radiators in your apartment, feel free to contact the managing organization to agree on the following actions.
• Replacement of old batteries with new heaters of the same type. In this case, the apartment owner has the right to install similar radiators without obtaining permission from the Criminal Code. But you need to notify the management company about the fact of replacing the batteries.
• Replacement of heaters with heaters of a different type, including with a change in their configuration (heating surfaces).
• Transfer of batteries. In these two cases, it is necessary, first, to contact a specialized organization to calculate the possibility of installing the selected heaters.
Before proceeding with the replacement of radiators, you should obtain permission from the Criminal Code to carry out such work. To do this, you need to provide:
- statement;
- registration certificate of the premises where the replacement will be made;
- title documents for the apartment;
- certificate that the contractor is in the Unified State Register of Legal Entities.
It usually takes about 2 months to review documents. After that, permission is signed to turn off the riser and drain the coolant from the heating system. The document specifies the time and maximum duration of the work.
How to get permission
Older models of heaters may not meet quality requirements.
Decree of the Government of the Russian Federation No. 491 in August 2006 adopted rules governing the composition of common property in an apartment building. According to paragraph 6 of these rules, such property includes a heating system located inside the house.
It includes:
- risers;
- fittings (regulating and shut-off);
- heating elements (radiators);
- general house meters of thermal energy;
- other types of equipment that is part of heating networks.
Unfortunately, when situations arise regarding the replacement of heating devices in apartments, both parties interpret these rules in their own interests. Homeowners believe that since the heating system belongs to common property, the replacement of faulty equipment should be handled by the house management organization.
ZhEK employees, in turn, argue that only risers and batteries that pass through several residential premises, for example, those installed on stairwells, belong to the common property.
After receiving information from the owner about the accident, in order to prevent more serious consequences, the damage should be immediately eliminated at the expense of the resources of the Criminal Code.
After the management company accepts a claim for replacing radiators, it can be assumed that the owner of a home with an emergency radiator has resolved the issue of how to change the batteries through the Housing Office for free.
If the tenants decide to update the batteries not because of an emergency, but only out of a desire to improve their appearance or performance, this can be done independently, but with the direct participation of the management company.
Despite the fact that these works are not within the competence of the Criminal Code, contacting specialists will help you figure out how to properly change the heating batteries.
Unauthorized intervention in the heating system can disrupt the scheme of its operation, and the one who has taken unauthorized actions will have to be responsible for this.
To do everything according to the rules, you need to find an organization that will replace the radiators.
LCD RF, the battery, being part of the common property, can only be replaced with the consent of all owners at the meeting.
If this fact is ignored, the replacement of the battery in the apartment will be regarded as an unauthorized disposal of common property, which entails a certain responsibility for the violator. For example, if an emergency occurs, the owner, who arbitrarily replaced the batteries, will eliminate the consequences of the emergency at his own expense.What to do?
The first thing to do before replacing the battery in the apartment is to coordinate such actions with the management company.
- If radiators are replaced with similar ones, it is enough to notify the management company. No additional approvals are required.
- If the batteries are replaced with heaters that involve a change in configuration or an increase in the heating area, then in addition to notifying the management company, an examination will be required. In some cases, the installation of new radiators has a negative effect on the thermal balance of the house. The expert will be able to establish the possibility of installation.
Who is replacing
If pipes leak or they give little heat, require modernization, the question arises - who should change the batteries in a privatized apartment?
By law, heating appliances are common property. But there is a nuance in this matter.
IMPORTANT! If a valve is installed before the entrance of the heating system to the apartment, thanks to which it is possible to turn off the heat source, the battery will be considered the property of the owner of the home. In this case, it is rarely possible to resolve the issue of reinstalling radiators through the housing office or the management company
To save housing from cold and flooding, you will need to carry out repairs at your own expense.
In this case, it is rarely possible to resolve the issue of reinstalling radiators through the housing office or the management company. To save housing from cold and flooding, you will need to carry out repairs at your own expense.
If there is no tap that turns off the water supply through the heating pipes to the apartment, the management company should deal with the replacement.
Despite the fact that the heating radiator in the apartment is the responsibility of the management company, it is not always possible to get help from its masters.
Employees of the Criminal Code, when calling for battery leakage, sometimes simply put a plug, offer to wait a while before replacing the equipment.
If the accident happened in the cold season, then there is no way to wait. As a result, the homeowner buys and replaces the battery on his own, providing heat in the house.
ATTENTION! In the event that the owner of the apartment repairs the heating system on his own, he may demand compensation in the amount of the cost of the radiator. Unfortunately, it is difficult to obtain this compensation even through the court, the management company finds arguments in its defense
Therefore, it is better to first consult with an experienced lawyer when it is possible to present an invoice to the Criminal Code before starting a controversial case.
Unfortunately, it is difficult to achieve this compensation even through the court, the management company finds arguments in its defense. Therefore, it is better to first consult with an experienced lawyer when it is possible to present an invoice to the Criminal Code before starting a controversial case.
The burden of responsibility in a rented apartment
Providing an apartment for rent (rental or social) does not automatically remove the blame from the user.
The law for rented housing provides that the current repair in it is carried out by the user
It is important to understand that the replacement of pipes (engineering systems) is not included in the current repair. It is being carried out as part of a major overhaul.
The obligation to conduct it lies with the owner, who may be a private person or organization renting apartments, or a public entity (Russia, region, municipality, on behalf of which the relevant authorities act), providing an apartment for social rent. Accordingly, the rightful owner of the apartment should monitor the condition of the pipes and the entire heating system.
Our lawyers know The answer to your question
If you want to know
how to solve your problem , then
ask
about this our duty officer
lawyer online
. It's fast, convenient and
is free
or by phone:
The authority instructs the relevant management company to carry out repairs directly or transfers the solution of this issue to the house management (under an agreement with the allocation of financing).
So, after fixing the results of the “flood”, first of all, it is worth contacting the owner who provided the apartment (he is indicated in the contract or in the warrant).
The tenant of the apartment, who uses it under the contract, will be liable for a battery break if his intentional actions to damage the system are proven. The limits of liability will concern not only compensation for neighborly harm, but also harm to the owner of the apartment. Therefore, using someone else's premises, you should carefully treat the property located in it.
If the apartment was provided by the cooperative with the condition of making regular payments for its redemption, then the obligations on the tenant as the owner will appear only from the moment the last installment is paid, when the living space becomes completely private. Up to this point, the cooperative should monitor the heating system.
Each "housing" conflict is special, unique. Rare of them fit into the general framework and classical schemes for its analysis. More often the situation is complicated by the residents themselves, who take many actions on their own (especially for repairs), without permits, without qualifications to carry out any work. Therefore, the issue of guilt is sometimes decided already at the highest, judicial, level, where it is better to entrust the representation of interests to professionals.
What to do if the accident occurred in the summer
In the warm season, water from heating systems is usually drained, so there is no need to wait for breaks. However, when draining and starting the coolant, in April - May or August - September, most of the breaks occur.
Management companies are obliged to warn tenants about the beginning of preventive maintenance or hydraulic tests. Having received such news, it is advisable to ensure the presence of one of the household members in the apartment during the specified period of time. They will be able to immediately see the leak and carry out the overlap of the heating riser.
To minimize the number of breakthroughs at this time, special valves are installed in the houses to turn off the heating riser. However, leaks and breaks do happen. Then it is necessary:
- Notify CC.
- Confirm the emergency documented by drawing up an appropriate act in the presence of the employees of the MA and neighbors.
- Take photos and videos of what happened.
- Take care of putting things in order in the apartment.
- Change the heating tower.
The main reasons for the rupture of the heating riser pipe
- A sharp change in pressure in the pipes, or water hammer. The presence of water hammer is signaled by the appearance of extraneous noise in the system (clicks, taps).
- Incorrectly designed heating system, poor-quality pipe installation.
- Depreciation of pipes and components, their untimely replacement.
- Mechanical damage to the pipeline or batteries.
- Defects of the used heating devices.
Lawyers divide the reasons for the rupture of risers into two groups: intra-house and intra-apartment. This makes it easier to find the responsible parties for these types of accidents. The heating system of an apartment building includes:
- piping and radiators heating more than one apartment,
- valves (introductory), located in the basement,
- shut-off and control valves,
- filters for water purification,
- instruments showing pressure in pipes (pressure gauges),
- public heat meters,
- pump,
- boiler (if any).
All this applies to common property.
Important! From what time the breakthrough occurred: during the operation of the heating system or out of season, the further actions of the affected persons depend
Article on replacing batteries in the heating season
The majority of the population is convinced that it is worth changing the batteries only at the end of the heating season, then there is no need to turn off the heating and drain the water from the system.Alas, this is not entirely true. Therefore, even in the spring-summer season, you will have to contact the management company, housing office, DEZ with a request to drain the water from the risers while replacing the heating radiator.
In favor of replacing the batteries in the spring-summer season, the fact of a simpler coordination of the procedure for draining water from the heating system is expressed, due to the absence of the need for hot batteries. However, it is impossible to check the correctness of the selection of heating radiators by area, the quality of the work performed, the tightness of the connections and the level of heating of the batteries, since the pressurized coolant is supplied to the system only with the beginning of the heating season. And this is a significant disadvantage. So, replacing the battery in the autumn-winter season is more difficult, but more reliable and cheaper.
