Act on flooding of documents - 216 tips from lawyers and lawyers

Procedure

First of all, you need to protect valuables from exposure to water. They can be covered with film or moved to a safe place. Next you need to take legally significant actions:

call a specialist from the utility service. The technician draws up a report on the bay.
Damage assessment. Ordered from companies with appropriate licenses. Experts will determine the cost of restoration work to eliminate the damage that has occurred.
Contact with the person responsible for the flood. Copies of the drawn up act, as well as the appraiser’s conclusion, are sent to the person responsible for the emergency.

Recording the damage will allow you to recover an amount corresponding to the damage. The culprit can make payments out of court. If he refuses this, the papers are sent to court.

Activation of damage caused to a legal entity

When performing job duties, cases of voluntary or involuntary damage to the employer’s property are not uncommon.

According to current legislation, both the employee and the employer are obliged to compensate each other for the damage caused. If a problem arises, the immediate superior of the employee who caused the damage draws up a memo addressed to the supervisor.

Based on this note, an order is issued to create a commission to record the fact of damage.

An employee guilty of causing damage to property is asked to write an explanatory note about the reasons for the damage. When examining the damage caused, the commission draws up a report on damage to property.

The act specifies:

Date and place of compilation;
The conclusions of the commission based on the results of the damage survey are written down.
Positions held and names of commission members;
The name of the damaged property and its value according to registration data are indicated;
Position and full name the person at fault who caused the incident;
The circumstances under which the damage was caused;

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All members of the commission put their signatures on the act.

Within a month, from the date of identification of the guilty person (persons), an order is issued by the manager to compensate the employee for damages in the amount of average monthly earnings. If a month has passed, the employee refuses to voluntarily compensate for the damage, or if the amount of damage is greater than the average monthly earnings of the guilty employee, then the employer has the right to file documents with the court demanding compensation from the guilty parties.

If a month has passed, the employee refuses to voluntarily compensate for the damage, or if the amount of damage is greater than the average monthly earnings of the guilty employee, then the employer has the right to file documents with the court demanding compensation from the guilty parties. As can be seen from the above, drawing up an act of damage to property plays an important role in obtaining compensation for damaged property.

Therefore, for help in drawing up such documents, contact qualified specialists; due to their experience, they will take into account all the nuances necessary to register the incident.

List of documents for damage assessment

The list of documents will depend on where they are provided. To transfer the culprit of the emergency, the following documents are sufficient:

a flood report drawn up by a representative of the utility service;
the result of a damage assessment carried out by an independent expert;
title documents for the premises confirming ownership.

If collection is carried out through the court, similar papers will be needed. They are supplemented by the following documents:

estimate of restoration work carried out by the owner to eliminate the damage caused;
receipt of payment of the duty;
the statement of claim and its copies in an amount equal to the number of participants in the case;
papers proving the fact of flooding and the fact of the defendant’s guilt.

Most of these documents are required to calculate the amount that the defendant will have to pay.

What is an apartment flooding act?

This act is documentary evidence that the apartment was indeed flooded, and this is what caused the failure of household appliances and repairs.

The owner alone cannot draw up this document. Here you will need a special commission, which may include employees of housing and communal services or other organizations on whose balance sheet this house is located. Essentially, this document records the losses that were caused to the owner of the flooded premises.

Here you will need a special commission, which may include employees of housing and communal services or other organizations on whose balance sheet this house is located. Essentially, this document records the losses that were caused to the owner of the flooded premises. The injured party must remember that if any broken equipment is not indicated in the act, you should not count on compensation for its restoration.

That is why it is in the interests of the victim to include in the document all equipment, parts and repair elements that were damaged by water.

Why do you need a flooding act for non-residential premises?

The flood report is the main document confirming the fact of an emergency and a list of damages. You should call a specialist from the utility service immediately.

Otherwise, the culprit may claim that he is not involved in the defects that have arisen. The act confirms the direct connection between the fact of the flood and the damage. This document is required for the following purposes:

determination of the list of damages;
confirmation of the fact of flooding;
presenting paper to the culprit to recover damages;
presenting a document in court as evidence.

Even if the owners of the premises take photographs that clearly show the consequences of the flood, they cannot replace the report drawn up by a specialist. Therefore, it is so important to contact the appropriate services in a timely manner.

Contents of the document

The flood report contains the following information:

address of the flooded premises.
Date of preparation.
Information about the composition of the commission that was involved in recording the fact of the flood. This composition will also include the owner of the premises.
Passport details and full names of the witnesses in whose presence the document was drawn up.
Detailed list of damages.
Possible causes of flooding.
Measures taken to eliminate the emergency.
Signatures of commission representatives and witnesses.
Seal of the organization drawing up the act.

ATTENTION! The owner of the premises may be recognized as the culprit of the emergency. In this case, all expenses will be reimbursed at his expense.

Drawing up an act on flooding of non-residential premises and a sample

The preparation of a document can be divided into the following stages:

calling a utility service representative.
Providing the necessary data: address of the premises, full name of the owner.
Inspection of the premises, indicating all damage in the report.
The owner must ensure that the reason for the flood is indicated. If this paragraph does not indicate the guilt of, for example, a neighbor on the top floor, it will be difficult to sue him for the required amount.
The document must be signed by all participants in the inspection. If someone does not want to sign, this is also indicated on the paper.

ATTENTION! It is recommended, if possible, to invite the person responsible for the emergency for inspection. This will prevent controversial issues when considering the list of damages in the future.

It is always worth remembering that a person can claim that some of the defects were not caused by flooding. If a person is personally present at the inspection, it is almost impossible to accuse the owner of exaggerating the damage.

A sample act on flooding of non-residential premises is shown in the photo below:

Procedure for flooding of non-residential premises. Sample act, fee collection and damage assessment

Owners of residential and non-residential properties are responsible for their condition. In some cases, violations during the operation of premises may result in losses for the owners of adjacent properties.
In particular, such situations relate to flooding of non-residential premises. A large number of commercial properties are located on the ground floors of apartment buildings. Accordingly, owners of apartments located higher up often flood these objects. Such situations cause serious disputes and conflicts. Often, they have to be resolved in court.

Determining the culprit

If the leak occurred due to improper actions or breakdowns in the room above, then the culprit is its rightful owner. If the building is completely non-residential, but it has an owner, then he will be the culprit.

If a retail or other space is leased from the state, then the culprit should be determined after a technical inspection of the entire building, recording damage and conducting an examination.

Important! If the culprit of the flood cannot be determined, a note about this is made in the act.

Who signs?

The flooding report is signed by all persons who took part in the inspection of the premises after it was flooded:

A representative of the owner of the building or the company providing its maintenance.
Emergency utility service representative.
Representative of the injured party.
Representative of the alleged culprit.
Witnesses.
An expert appraiser, if he was involved in the inspection.

Fixing damage

After the flooding has been stopped, the damage must be carefully recorded:

Measure and indicate the area of damage on the walls, floor, and ceiling.
Carefully describe the damaged furniture.
Enter the models of the affected household appliances.
Make an inventory of the damaged goods.
Take photos/videos of what happened.
Indicate what kind of water - hot or cold - flooded the room.

All these details are included in the act and certified by the commission.

Valuation of the management company

The management company assesses the damage based on the drawn up report. The inventory includes the work that needs to be done to repair the damage. It also includes the price of damaged furniture, appliances, and the costs of putting the room in order.

A representative of the management company inspects the affected areas, studies the causes and results of the flood, and records the total amount of damage in his report. This document is then presented to the guilty party for compensation. The victim has the right to involve independent experts in the assessment, and also include lost profits in the amount of payments.

Act - confirming document

The injured party initiates the drawing up of an act. Representatives of the management company, owners of the premises, owners of the area that caused the flood (if identified), engineers or other technical specialists of the service organization should participate in its preparation.

Reference. The document is necessary in order to rely on the Civil Code of the Russian Federation (Article 1064), which states that any material damage caused must be fully compensated by the culprit.

The report must be drawn up as soon as possible, preferably immediately after the accident has been eliminated at the scene after a visual inspection - within 12 hours. If the accident occurred during non-working hours (holidays, weekends), the document must be drawn up no later than three days later. The law does not provide for the form of the act and its compiler.

Employees of the management company can draw up a document only while at the scene of the accident; the victim also has the right to draw up a report.

The act is signed by representatives of the management organization and the owner (in the case of non-residential premises, the tenant also has this right). The report contains a statement of the fact of the accident, a list of persons involved (perpetrators) and an inventory of the damage caused. Often representatives of organizations have samples and forms of such acts, but free drafting of the document is allowed.

The act must indicate:

Serial number of the document.
Information about all members of the commission. It is necessary to indicate positions in the management organization. If there are outside witnesses present, recording their passport details is mandatory.
Time, place, date of document preparation.
Flood address.
Causes of the flood (for example, “the commission found that the accident occurred due to a breakdown of the hot water supply system; a pipe with a diameter of 55 millimeters was broken”).
Details of the culprit (if it was possible to identify it immediately).
Description of the damage caused. Here you need to list all the damage and the volume of the affected area. For example, “a non-residential premises (office) with an area of /specify/ suffered the following damage: the ceiling is flooded, there are wet spots, stains. On the walls there is paper wallpaper, filled in (along the perimeter of the walls 4.62X2.5, 2.95X2.5 2.8X2.5 lag behind the walls, there are leaks and peeling). The windows are plastic, not damaged, the floor is linoleum, there is some swelling. The plastic doors - 3 of them - were swollen. Utility room /specify area/: the ceiling is completely filled, there are yellow spots, the walls are whitewashed, there are wet spots on them. The windows were not damaged. Floors: wooden parquet, swollen.”
It is imperative to indicate in the act the cause-and-effect relationship between the accident and the damage caused. For example, “due to a burst hot water pipe, an office located on the first floor, directly below the leak, was flooded.”
Signatures of all commission members.
You can also specify:
Is there insurance?
Are there any outstanding payments?

Important! Even if the culprit is not present when the document is drawn up, the act is still drawn up. It is advisable to have it in triplicate.

Act on damage to property during delivery or transportation of goods

Even if delivery is carried out with all due care, damage to the goods transported cannot be ruled out.

Without delving into the reasons and the search for the culprits, it should be noted that the cost of damaged or damaged cargo must be compensated - through insurance, the financial liability of the guilty party, or in another way.

The damaged goods themselves must be included in losses when summing up the balance sheet. To do this, you need a documentary basis - an act of damage to property during cargo transportation.

If such problems are discovered upon receipt of the goods, the buyer (recipient), together with the person who delivered the goods (forwarder, courier, driver, company representative), must find out important details that will be mentioned in the act:

name of the damaged product
the amount of spoiled cargo in standard units of measurement (pieces, kg, meters, etc.);
the nature of external damage to the packaging;
whether the goods were properly packaged, whether there is the necessary marking on the packaging.

IMPORTANT! The act must be drawn up immediately after delivery, in the presence of the party who delivered it.

In addition to these details, the act should indicate:

place of delivery and destination of the cargo;
data about all parties: sender, carrier, recipient;
delivery time (according to plan and actual);
description of goods (in accordance with the documentation);
what the cargo looked like upon arrival;
approximate amount of damage.

The findings should establish the cause of the damage and the person responsible for it (if possible).

To ensure reliability, at least two more people must be invited as members of the commission. They can be qualified workers who can assess the damage and certify the damage, for example, an accountant of the recipient organization, a lawyer, a supply manager, etc.

It is advisable to attach additional documentary evidence: photos of the cargo, video recording from the carrier’s car, written evidence from eyewitnesses, etc.

You need to make at least 3 copies of the act:

for the supplier of goods;
for the person or company who carried out the transportation;
for the recipient of the goods.

ACT No. 12 On damage to delivered cargo

Penza, August 17, 2017

The receiver of the goods, representative of Leto LLC Zarubin V.V., drew up this report on the damage to the delivered goods upon receipt.

Sender of the goods: LLC "Our Lemonade".
Recipient of the goods: Leto LLC.
Transportation of goods was carried out by the carrier company Magistral LLC.
Product description: 30 plastic boxes of Bell lemonade in glass bottles with a capacity of 0.33 l, 12 bottles per box.
Value of the goods according to documents: 21,510 rubles.
Consignment note No. 000045278 dated 08/17/2017
Cargo departure point: Penza, st. Belyakova, 19, warehouse 1.
Cargo destination: Penza, st. Austrian, 68, warehouse 2.
Transportation time: estimated - from 12:00 to 14:00 (2 hours), in fact - from 12:30 to 13:45 (1 hour 15 minutes).
Description of cargo received: upon delivery, 30 plastic boxes of lemonade were received, 12 bottles each, including 2 damaged boxes and 18 broken bottles.
The packaging has not been opened, the seals are intact.

Applications:

photographs of damaged boxes;
photographs of broken bottles.

The established cause of cargo damage: excessive speed during delivery, which led to an accident - violation of transportation standards.

The recipient of the cargo, Leto LLC, is required to reimburse the amount of 2,000 rubles.

Members of the commission Head of the reception point of Leto LLC /Zarubin/ V.V. Zarubin Chief accountant of Leto LLC /Nezlobina/ E.P. Nezlobina Head of Warehouse No. 1 Leto LLC /Petukhov/ G.K. Petukhov

The driver of Magistral LLC /Rukavichkin/ R.A. has been familiarized with the act. Rukavichkin

If the company does not want to compile it

Often it is the management company that is to blame for the flooding and refuses to draw up a report. In this case, the act is drawn up independently (in the presence of witnesses) and sent to the organization by mail (with notification of receipt).

Source: https://advokatymurmanska.ru/zhile/akt-o-zatoplenii-nezhilogo-pomeshcheniya.html

Conducting an independent damage assessment

An independent damage assessment is carried out to justify the amount to be recovered. The document drawn up as a result of the examination is proof of the damage caused.

This rule is defined by the Federal Law “On Valuation Activities in the Russian Federation”. Only a company with a license to engage in appraisal activities can conduct an examination.

IMPORTANT! If the specified license is missing, the completed assessment report is invalid.

The appraiser carries out the following work:

inspection of the premises;
determination of damage;
fixing the area of damage;
establishing the cost of damage;
calculation of the cost of work and construction materials necessary to correct defects that have arisen.

The specialist attaches photographs from the scene of the incident to the report.

Helpful information

If it is impossible for the consumer (or his representative) to sign the document, including due to his absence from the occupied premises, the act must be signed by 2 disinterested persons in addition to the executor.

The paper is drawn up in 2 copies, one of which is given to the consumer (or his representative), the second remains with the contractor.” Problems that plague many of our clients are service organizations that refuse to draw up this document on time, or even refuse to draw up this document at all. In this case, you need to come to the housing developer’s office and write a statement about the need to conduct an inspection and draw up this document. Receive a copy of the application with the seal of the organization about receipt of the application. Natalia Stanislavovna!

If your apartment is flooded and it was not possible to resolve the issue peacefully, you can file an application with the court demanding compensation for the damage caused.

According to Art. 1064 Civil Code of the Russian Federation

“harm caused to the person or property of a citizen, as well as harm caused to the property of legal entities, is subject to compensation in full by the person who caused the harm”

.Record (with a camera, video camera) damage to premises, decoration, interior items, furniture, and household appliances.

Contact the operating organization to draw up an Apartment Flood Report and a Defective Statement. The Flood Report is the first and main document that the victim will need for subsequent compensation for damage. To draw up a flood report, you need to contact the organization that operates your house. Moreover, this should be done, if possible, immediately after the “flood.” Due to the presence of suspended ceiling structures in the bathroom and adjacent room (hall), hidden damage to the ceiling and walls is possible.

Thus, due to the absence of cold and hot water risers, as well as sewerage in the bathroom of apartment No. 77 (they are laid through the bathrooms of the entire residential building), the cause of the flood (water leakage) of apartment No. 77 was the ingress of water from the premises of the apartment No. above. 666.

Additionally, on February 12, 2014, at about 7:30 p.m., photography was taken of the premises of apartment No. 77, damaged as a result of a flood (water leakage).

A China iPhone 4g phone was used for photography. The photographs were taken by the Wonderful E.E. in the presence of the chairman of the Svetlyachok HOA, A.A. Sledyaschaya, and the representative of the owner of apartment No. 77, A.E. Wonderful. Act on the consequences of the flood (water leakage) in the premises of apartment No. 77 dated 02/12/2014. Act on the flood (flooding) of the premises, Act on flooding, Act on leakage, Act on causing damage - whatever it is called - this is the first and most important a document that establishes a cause-and-effect relationship between an event (an accident, for example) and its consequences (damage to property).

It is the responsibility of the organization operating the house to draw up such a report (this could be a departmental department, housing office, housing department, management company, etc., etc.) A report on the flooding of the premises is drawn up based on the results of an inspection of the premises. Often it depends on your competence how competently and completely this document will be drawn up.

The procedure for drawing up the Inspection Report is given in Appendix No. 2 to the Order of the Department of City Orders and the Department of Housing, Communal Services and Improvement of the Moscow Government dated March 12, 2001.

Deadlines and amount of fees

The flood report must be drawn up within 12 hours after the incident. Damage assessment is carried out within three to seven days. There is no need to rush through the examination. All damage will be most clearly visible a few days after the flood. The standard time limit for filing a claim in this case is three years.

The amount of the fee paid to file a claim is determined depending on the amount of damage that is planned to be recovered. To calculate the fee, you can contact a lawyer. If the defendant is found guilty, he must reimburse both the fee and the cost of the damage assessment company's services. These items are included in the list of legal expenses of the plaintiff.

Flood inspection report

Any event in life that is in the plane of commodity-money relations requires careful and pedantic documentation. If you have a flood, you need to ensure that the necessary papers are correctly drawn up so that later, without problems and delays, you can receive the necessary amount of money to restore your living space. Flooding of the premises is damage to the premises, interior items, furniture and other property due to prolonged contact with water masses. In accordance with the current Russian legislation, the culprit is obliged to compensate the damage caused to the property in full (Civil Code of the Russian Federation, Art.

1064).The main task of the injured owner is:

establish the fact of flooding in a timely manner;
determining the causes of the flood;
identifying the culprit.

You cannot carry out these activities yourself; in some cases, this may be fraught with administrative or even criminal liability (Criminal Code of the Russian Federation, Article 139). To inspect the premises and investigate the causes of the flood and identify the culprit, it is necessary to invite authorized persons to the scene of the event:

district police officer (if it is necessary to open the door of an adjacent room).
representatives of the management or operating company;
employees of the Ministry of Emergency Situations (emergency dispatch service);

The result of their work is a flooding act. This document is fundamental in any development of a conflict situation:

drawing up a peace agreement on compensation for damage;
judicial consideration of a claim for flooding.
receiving an insurance premium from the insurer;

If you find that you are being flooded, you must strictly follow a certain procedure. This will help you not only preserve the property that has not yet been damaged by water, but also receive compensation for repairs and the purchase of new furniture, appliances, etc.

Power outage – it is necessary to de-energize the scene of the incident, as a short circuit in the electrical network can lead to a fire or accident.
Detection of a flood - priority actions include an independent attempt to stop the flood (shut off the general water supply, notify neighbors and demand that the tap be closed, etc.).
A call to the Ministry of Emergency Situations and the office of the management company - calls to these organizations are recorded in the reporting journals and are the determining factors in determining the time of flooding and the performance of the management company’s duties. Also, it is the representatives of the management or other operating company who form the basis of the commission for drawing up the flooding report.

It is important to remember that the act of filling is the main document for determining:

causes of the flood;
the culprit.
fact of flooding;

An example can be seen here.

Despite the fact that it must necessarily reflect all visible damage to the premises and property, the flooding report is not an assessment document. In order to reasonably present the culprit of the flood with a monetary amount of compensation for damage, it is necessary to resort to the services of independent experts. Conclusion of an assessment examination is an objective and unambiguous calculation of the amount of damage incurred (Federal Law No. 135-FZ Art.

12). For the examination, it does not matter who the customer is (individual or legal entity).

An example of identifying the reasons is presented here. Notifying the service company about the occurrence of flooding of the premises should be at the top of your list of mandatory actions for a number of reasons:

service company specialists are responsible for common property in an apartment building and in the event of a break in communication pipes, they are the ones who must eliminate the cause of flooding;
Often the management company is to blame for the flooding, so the presence of representatives is also necessary as the guilty party when drawing up the flooding report.
representatives of the management company form the “backbone” of the flooding commission and are directly involved in drawing up an inspection report of the premises after flooding, a sample of which they must have with them;

There is an opinion that when a flood is detected, the main thing is to accurately record all the damage. This is true, but if the fact of flooding is not recorded, there will be no one to whom claims for damages will be made.

Let's look at an example. Having discovered a flood in his apartment, citizen N began to scrupulously compile a list of property damaged by water.

At this time, the culprit of the flooding (the upstairs neighbor) eliminated all visible evidence that the water came from his apartment and left the house. When flooding is detected, first dial the emergency service number, your call will be saved and recorded in the reporting documentation. In order to calculate To receive the required amount of money for restoration repairs and compensation for damage from flooding, you must have a flood report in hand. See an example here. This document is needed for:

receiving an insurance premium from a specialized company upon the occurrence of an insured event;
drawing up a statement of claim to the courts to recover compensation for damage suffered;
concluding an agreement on payment of damages between the victim and the culprit of the flooding.

To avoid problems with compensation for damage after a flood, you need to know how and when to correctly draw up a flood report. The optimal time for drawing up a flood report is within a few hours after the flooding of a residential or non-residential premises is detected. We suggest you read: Bankruptcy of individuals new changesPreliminary you need to perform a number of actions:

notify authorized authorities (Ministry of Emergency Situations, emergency dispatch service, service company engineers);
de-energize the scene of the incident.

The responsibility for drawing up a flood report is assigned to the members of the commission, which should include:

the culprit of the flooding (if the culprit refuses to attend the inspection or is absent, this fact must be noted in the flooding report).
the owner of the affected property or the person responsible for the rented premises;
representatives of the management or operating company (housing office, REU, etc.) in the amount of at least 3 people;