Who must change batteries in a privatized apartment by law

Question battery replacement after the start of the heating season, it sometimes rises very sharply. Often, radiators in old houses are in a deplorable state, and local services are in no hurry to overhaul the heating system. We will try to answer the most common questions and find out who should change old batteries in a privatized apartment.

If a radiator leaks, who legally has to change it? Who pays for the installation and purchase of new equipment?
If you want to install a more modern heating system in an apartment after privatization, who should do it? Do I need special permission for this?
Who is responsible for the leak if the neighbors are flooded with water?

To answer these questions, you need to study Russian legislation and understand the legal aspects.

Heating radiators - common or private property?

It is possible to understand who should replace failed heating devices in a privatized apartment only by establishing who owns them. 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.

HELPFUL INFORMATION: Types of batteries: choose a heating radiator for an apartment

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. When contacting utilities, residents often hear that there are malfunctions of all pipes and radiatorslocated within their apartment - this is the problem of its owners.

Who is right: residents or housing office?

Due to frequent appeals to the court and the Department of Housing and Public Utilities in 2007, the Ministry of Regional Development of the Russian Federation clarified the situation and reported that the heating elements located in private apartments are part of the common property of the house.

It follows from this that if a battery has leaked due to a high degree of wear or as a result of an accident, it should be changed by an organization that receives monthly money from residents in the form of deductions for overhaul and is responsible for maintaining and maintaining house property.

HELPFUL INFORMATION: Heating was given, but the batteries remained cold: what needs to be done

Management organizations are not interested in bringing this information to the attention of apartment owners, therefore, until now, residents are forced to pay for the dismantling and installation of a new heater, which, among other things, must be purchased independently.

Repair and replacement of a leaking battery

We found out that the heating system is part of the common property of an apartment building and also includes radiators located in the apartments. It follows that, regardless of whether the area is privatized or is municipal property, the managing organization, HOA or housing cooperative is obliged to repair or change the battery, which is in disrepair. In this case, no additional payment is taken from the owner of the property.

HELPFUL INFORMATION: Flushing radiators: methods and techniques

In other words, if the battery has leaked, then you need to call the master serving the house, and he will replace the failed heater for free.

In practice, things are not so simple. Housing office employees may claim that they do not have a replacement battery, so they will repair the old one or, even worse, remove the radiator, put plugs in and ask you to wait. Since this expectation can last for months, the owner of the apartment is simply forced to buy new equipment on his own, because no one wants to freeze in winter without heating.

There are cases when tenants, without waiting for a replacement, purchase a radiator at their own expense and hope that the DUK will pay them compensation. It’s definitely not worth counting on this, since even judicial practice suggests that the house management organization is not obliged to do this.

Replacing old radiators

If the batteries in the apartment are not in a state of disrepair, but I want to replace them, because they do not warm well or are simply obsolete, then you will have to solve this issue at your own expense. No organization will provide services for free. What should be done in this case?

HELPFUL INFORMATION: How to bleed air from a heating battery: use a Mayevsky crane

Replacement approval

The first thing to do in order not to have unpleasant consequences in the future is to coordinate your actions.

When replacing radiators with the same type, it is enough to simply notify the managing organization of the upcoming work.
When replacing batteries with another type, which includes the possibility of a different configuration and an increase in the heating area, you need to contact a specialist for an examination regarding the possibility of installing new batteries. This is necessary because sometimes the installation of other radiators adversely affects the heat balance of the house. Examination is paid, is made at the expense of the owner of the apartment.
When transferring heating equipment, an examination is also required.

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, the replacement of the battery is not reflected in the technical data sheet, since only the type of heat source is indicated there, without specifying specific heating devices.

Comments:

Victoria

A bacterium is leaking in a municipal apartment, which is recognized as emergency. Where to apply? The administration says what to do on their own, despite the fact that all the apartments in the house had batteries changed for free, saying that it was an emergency. Am I in a non-emergency situation?

Answer
Valyukevich Nina

The house was overhauled, the heating system was changed. The repair was not carried out for 35 years, the service life of the cast-iron pipes had expired. They said that new cast-iron radiators had been installed, the radiators had rusted in 6 places in less than a year. They did not show documents and a technical passport. passport for my apartment, they said it’s not allowed. I took off the radiators, they looked terrible, they were painted three times and it seems that they stood for 70 years. 'would my laminate. Where can I get information on the installation of radiators by the management company? installation rules?

Answer
Vadim

In winter, the battery leaked, we decided to replace it, In May I applied to the Criminal Code, they said that the radiator was mine and the rest was from their side. The application was submitted on May 11, 2021, they should have arrived on May 12. But alas. .Arrived June 25, 2021 They looked and said, 3000 rubles from you. for work. They said why we decided to put a cast-iron one and not another one (there is a cast-iron one). They did not come to an agreement, refused to pay 3,000 rubles to the locksmiths. We are waiting for winter.

Answer
Vladimir

Here is a quote from the decision of the Supreme Court: “In view of the foregoing, the systematic interpretation of paragraph 6 of the Rules does not give grounds for the conclusion that the heating elements of the in-house heating system serving only one apartment are included in the common property of the owners of an apartment building.
". And here is a clipping from the resolution: “At the same time, we believe that the heating elements (radiators) of the in-house heating system that serve only one apartment, including those with disconnecting devices (stop valves), the use of which will not entail a violation of the rights and legitimate interests of other owners premises of an apartment building shall not be included in the common property of the owners of the premises of an apartment building.

Answer
Peter

No lawyers needed. With an agreement - to the prosecutor's office.

Answer
Elena

Just this morning, a foreman/foreman from our ZhEK/DEZ/Zhilishchnik came to us ("what should we call you now?" - words from an old movie about scouts) with a plumber. As it turned out during the morning negotiations, the plumber turned out to be “left”?. He was personally brought to my apartment by the Zhekovsky 70-year-old foreman (and this is after my long two-day explanations why I want to do this type of work through our management company Zhilischnik). Installation “by acquaintance” (without a license and, accordingly, without any guarantee, and who will pay if it breaks / floods?) Also costs 8,000 rubles (instead of the usual 5,500 - 6,000 rubles at companies that sell the same radiators with installation ).
Everything is “just great!”. It is clear that the one who brought it “needs to be unfastened”, but the rest goes into your pocket personally - without tax deductions, without paying for office rent, water and electricity (+ bosses, secretaries, drivers, etc.). Plus, the radiator itself, which he buys himself from a company he knows, costs 2,000 rubles more than when ordered via the Internet with free delivery (there are about 6,500 - 6,900 rubles). Here it is. Everything is just great! ?. Of course, I'm in denial.
But what - how well the business is established! You apply to the Management Company or just make a phone call, and you immediately get a “leftist” for a lot. And for turning off the riser you have to pay about 2000 rubles. Excuse me, what a shutdown, when the heating season has not yet begun and there is simply no water in the radiator and in the central heating pipes.

Dear Editor, I'm in shock 🙂

Answer
- ibuilder.decorexpro.com/en/
  
  Elena, hello!
  
  I'm shocked, I've never heard of such a scheme. Cunning guys came up with. 🙂
  
  Friends, be careful! Be like Elena! 🙂
  
  Answer
Irina

Good day! We have such a situation, we bought an apartment in all rooms, cast-iron radiators were installed, the battery did not heat well in the hall, we called a plumber from our management company, they did not solve the problem, then an engineer came and the head of the management company did not help either. As a result, a month later, a letter came from the City Administration with a warning about illegal rescheduling, with a demand to replace all cast-iron radiators with a converter. How to deal with such a situation? (When buying an apartment, we didn’t even know that converters were installed in the house.)

Answer
- ibuilder.decorexpro.com/en/
  
  Hello Irina! You need to contact a lawyer. I have never encountered this.
  
  Answer
Andrey

Tell me how to be. On my own, I replaced the batteries from cast iron to bimetal. Before that, I called the UK and notified that I want to change. They said they didn't mind. They sent the idea like it, he merged the system, looked at the number of sections and said that everything was fine. When I installed them, we had a replacement of the Criminal Code. Accordingly, I did not receive any documents. When the cold began, he began to call commissions to measure the air temperature. It is cold for objective reasons (The walls let air through, the temperature of the coolant is low, the system lacks air.) But when I complained to the prosecutor's office, the Criminal Code wrote that I had batteries installed without permission.How do I legalize installed batteries now? The circulation in them is clearly not disturbed, because. the temperature of the riser corresponds to the temperature of the batteries.

Answer
- ibuilder.decorexpro.com/en/
  
  Andrey, hello!
  According to the law, you had to first obtain a TOR from the UK for the conversion of heating, prepare a project according to this TOR, approve this project in the UK and obtain written permission to replace the batteries. Only then do the replacement. And then, not on their own, but with the help of an organization that is a member of the SRO and has a license to carry out these works.
  I understand that “people change batteries themselves” and they don’t have any permits or licenses, but now you are just faced with the fact that the law has worked against you.
  Moreover, the heating system is not your property even in a privatized apartment, so the Criminal Code may require everything to be returned to its original state.
  You will be forced to install the old battery, apply for a replacement, after which you will be allowed to replace it in writing. Put in a new battery and only then will you be able to deal with the UK about the temperature in the apartment or house.
  Therefore, try to peacefully resolve issues with the Criminal Code, otherwise it will cost you more.
  
  Answer
Irina

A cast-iron battery leaked. The management company replaced it with a new one. No money was spent - everything was according to the law.

Answer
Anna

Laws do not apply to housing departments!!!!!! You will be deceived, they will come with a new radiator, and put a jumper. They fought for two months with the housing department, they set the entire entrance on us, they will do it anyway, as they need, and the house manager with them for one thing. Nobody cares about the law.

Answer
Inna K.

I think there is no need to hope that the management company will replace everything normally. In our apartment, which we are renting, the tenants raised the issue, because the batteries are in a disgusting state. We think that water no longer passes through a rusted pipe, so it does not heat at all. If you change, then you need to take on a major overhaul, but somehow you don’t want to trust the management company. We will do it ourselves, look on the Internet for a master with normal reviews and go ahead.

Answer
Lisa

When we had a leak in the pipe in the toilet, we also showed the locksmith from the management company all the remaining pipes. In one of the rooms, a hot heating pipe needs to be replaced, and the locksmith immediately said that these were no longer common house pipes, but apartment pipes, and the work would be paid. I think that I will have to get on my nerves with the management company, proving that this is not so.

Answer
Sergei

It is unlikely that the Management Company will replace the radiators inside the apartment. If they do, it is extremely poor quality. I personally changed cast-iron batteries for modern ones, and even with replacement with PVC pipes. Those specialists who work in the Housing Office cannot normally change the toilet bowl. So my opinion is that the replacement of heating should be done on its own and with the involvement of experienced craftsmen.

Answer
Olga

For us, too, the housing department changed the common riser last year. Radiators, on the other hand, were at the discretion of the residents - to leave the old ones or change them to new ones at their own expense. All apartments are privatized.

Answer
Denis

In our old apartment, we replaced the central heating radiators, plus the replacement of communications, at our own expense, they were installed by the same private guys who did the overhaul of the apartment. Laws are laws, but in practice, the Housing Office replaces only what is outside the apartment, for example, heating radiators installed in the entrance.

Answer
Konstantin

A couple of years ago I bought a three-room apartment on the secondary market. Everything would be fine, but the cast-iron radiators in the rooms stood a little warm every winter. A friend advised me to replace them with aluminum ones, because the old ones are probably clogged with dirt from the inside and do not give off heat. I listened to his advice, however, the repair cost a pretty penny. I didn’t even dare to apply to the housing department for compensation - it’s useless.But, what a disappointment it was when the next winter, the new batteries also turned out to be a little warm. It turns out that it’s not about them at all, but about the worn-out heating system of the whole house. Risers and pipes in the basements are boiled-overcooked and in collars.

Answer
Anya

The duties of the housing department include only the replacement of risers. We had a clogged riser replaced for free a couple of years ago. And the radiators are the property of the tenants. You can replace them on your own or pay the plumbing of the housing department.

Answer
Anna

This is exactly what happened to us, as described in the article. The battery leaked, they called the control room. The plumber came. He says, buy a radiator, I will install it. Moreover, he offered to change it for a small, in principle, amount, only not to report to the housing office, they say, out of the kindness of his soul, he will do it for cheap by the cashier. Well, we were happy. They did everything as he said. And then it turns out that the Criminal Code was supposed to change at its own expense ... Now let's be smarter.

Answer
MisterKoK

Call again. I have a faucet like this at home too. They changed everything and, if necessary, they come and drain it themselves. Try filing a complaint against them.

Answer
Alyona

The batteries in my apartment are barely warm, I need to bleed the air, there is a Mayevsky tap, but it is clogged and painted over by the previous tenants. I called the master, but he told me that this is not his job, he is only if he is not standing in order, but we have old batteries. What to do? where to turn in such a situation?

Answer
- ibuilder.decorexpro.com/en/
  
  Hello Alena!
  In your case, it is necessary to drain the water from the battery and change the Mayevsky tap. In theory, ZhEO has no right to refuse you this service. If you can’t negotiate with them, then call a third-party plumber, order the drain of water from the riser and let him change the drain valve.
  
  Answer
Nadezhda Alekseevna

Heating radiators are common house property, the replacement work is carried out by the management company at the expense of housing maintenance. In May 2017, they changed the battery in my apartment for free and now they have to change it in another apartment. Call the contractor to draw up an act and write a claim statement to the management company, attaching the act. Of course, it cost me time and walking, there is a resolution 491, refer to it.

Answer
Alexei

For all work paid by the management company, the house committee signs. But the house committee said I won’t sign for these works, do it at your own expense, this is your property, if you want to go to court. A lawyer will be more expensive than paying for the repair of a heating riser. So it turns out that there is a law, but it does not work. So what are we paying for then CC?

Answer
Basil

My battery leaked at the most inopportune time. Outside the window frost, snow to the waist. I went to my service company, they said they would sort it out in a short time. And we figured it out, blocked the riser, walked for half a day scratching the “turnips”, and after that they put up such a bill, my eyes went out of my head. As it should be, this is certainly good, but in reality everything is not at all as it should be. More often than not, it works out.

Answer

Add a comment: