Your rights
Every homeowner or tenant is a consumer of services, as specified in Art. 4 Federal Law “On Protection of Consumer Rights”.
There are other legislative acts regulating the rights of tenants:
- Housing Code of the Russian Federation Art. 162, 166.
- “Rules for the maintenance of common property...”.
As soon as the first spots of moisture are noticed on the ceiling, it is worth sounding the alarm before the disaster turns into a large-scale incident, fraught not only with damage to the finishing of the ceiling and walls, but also with damage to the floors, the appearance of mold, a short circuit in the electrical network, and also the seepage of moisture into the apartments below.
There can be many reasons for water leaking through the roof, the most common being:
- wear of the coating;
- violation of the integrity of the roof;
- actions of negligent contractors working on the roof when installing antennas, split systems, and cleaning ventilation. channels, etc.
In any case, this is not the tenant’s fault, but there is inadequate maintenance of the housing and communal services of the common property - roofs have not been inspected, damage has not been identified, and routine repairs have not been made.
In any case, the rights of owners and tenants consist in demanding compensation for damage caused by a leak (Article 1064 of the Civil Code of the Russian Federation).
If the housing and communal services does not respond to the claims, then the tenant has the right to go to court.
Procedure for going to court
If it was not possible to resolve the problem peacefully, then you need to resort to solving it in the courts. Going to court is a last resort in a situation where the roof is leaking, and utility services, despite appeals from the affected resident or residents, do not want to do anything.
34.0 KiB 74 Downloads Details
| Date of: | 26.07.2017 |
Before exercising your right to go to court, you should carefully prepare for this and collect materials that provide grounds for filing a claim:
- roof leak report, which was drawn up by an authorized commission;
- a copy of the application submitted to the Criminal Code;
- available evidence of the leak and the damage caused by it;
- conclusion about material and financial losses due to the damage caused.
The appeal submitted to the justice authority should include information about:
- the time that has passed since the roof leaked and the apartment was flooded;
- details of the utility service, where an application was previously sent with a request to eliminate the leak;
- Full name of the head of the company that refused to restore the roof.
The filed claim must provide detailed and chronologically consistent information about what happened. If you wish, you can try to resolve the issue again peacefully by visiting the office of the management company again and talking with the management, informing them about your application to the court. Pre-trial resolution of the issue is beneficial to both parties.
Action plan
You need to call the office immediately after discovering a problem, write down the name and position of the person who received the telephone message.
On the same day, but no later than the next morning, you need to write a statement and call housing and communal services representatives.
This could be a site foreman, a maintenance engineer, a building superintendent, or other officials.
It is important to take a photo or video recording of traces of a leak on the ceiling, walls, etc., from the most favorable angle and displaying the date of shooting. This will not be superfluous, because in a week everything will dry out and only stains will remain, the age of which cannot be proven.
Representatives of housing and communal services should:
- inspect the premises;
- draw up a leak report signed by both parties (Article 33 of the “Rules...”);
- draw up an estimate based on the act, the total of which will be equal to the amount of damage;
- satisfy the applicant's requirements.
An application for a roof leak must be drawn up competently, with full awareness of your rights and specific requirements for housing and communal services.
The roof is leaking - we will draw up a statement according to the sample
You need to change the name of your management company, name, and contacts to your own in the header of the application. We write in the application the essence of the problem with the roof leak, sign it, and set the date.
The application must be submitted in two copies, one remains in the management office, and the second is signed by the office on acceptance of the document and remains with the applicant. Don't forget to make sure that you put the incoming number, date and signature on receipt on it. The application must be certified by two witnesses, and the copy that remains with you must have the seal of the management office.
How to write a statement to the housing and communal services about a roof leak: sample
The application to the housing and communal services is drawn up in free form, in 2 copies.
The paper should be addressed to the head of the housing and communal services department.
The affected owner should enter his full name, residential address and contact numbers for feedback.
Since the relationship between the housing and communal services and the owner, the tenant, is determined by an agreement between them, then emphasis should be placed on this paper, in which the housing and communal services have undertaken to provide quality services. In addition, Article 10 of the “Rules for the content of general…” and Art. 4 “Laws on the Protection of Rights...” were violated, which manifested itself in the flooding of the apartment through the roof.
It should be noted that, for its part, the applicant fulfills its obligations by systematically paying for utilities, for the maintenance of the house, and for repairs.
And one of the main conditions for a correctly drawn up application is the formulation of clear requirements - what exactly the applicant wants to receive from the housing and communal services, in addition to eliminating the cause that led to the trouble:
- repair rooms affected by leaks;
- get funds and do the repairs yourself.
The text part consists of several conditional parts:
- establish a violation of rights;
- describe in detail the essence of what happened;
- make demands;
- list applications;
- indicate the date and sign.
When describing the problem, it is not enough to just indicate that water leaked as a result of rain or melting snow, you need to indicate when it happened, who called the housing and communal services, who received the telephone signal.
It is important to describe how seriously the walls and ceilings were damaged, and in which rooms. It’s a good idea to include photographic materials. It is advisable to indicate the amount of actual damage.
In the end, you need to justify your claims something like this:
“The roof leak was caused by the housing and communal services (Appendix No. 2 of the Resolution of the State Construction Committee of the Russian Federation No. 170 of September 27, 2003). If they refuse to fix the roof and eliminate the leaks, I intend to turn to the veins. inspection and prosecutor's office due to your violation of Art. 7.22 Code of Administrative Offenses of the Russian Federation.
I ask you to compensate for material damage in the amount of such and such and to adjust payments for the maintenance and repair of the housing stock. If my demands are ignored, I will be forced to go to court in order to recover material and moral damage and adjust the receipts.”
It is important to follow the procedure for sending the application: it is better to personally pay a visit to the housing and communal services office and hand over the entire package of papers to any employee, preferably a secretary or dispatcher, against signature, indicating the registration number.
In case of refusal, you should take with you 2 witnesses from among the residents who will certify with their signatures that the paper was handed over. You can send a registered letter with return receipt requested, but it will take longer.
The main part of the application for roof repair
The time allotted to the service company for the repair of common building parts and building systems is established by Decree of the State Construction Committee of the Russian Federation dated September 27, 2003 No. 170. The roof needs to be repaired:
- per day - if leaks have formed in certain places;
- 5 days in advance – if parts of the drainage system are damaged.
The answer to this question mainly depends on what method of management was chosen by the owners of the residential building at the general meeting. In accordance with paragraph 2 of Art. 161 of the Housing Code of the Russian Federation, the following options are possible:
- Independent management of the common property of the apartment building - in this case, the apartment owners will decide among themselves the issue regarding roof repairs.
- Creation of a HOA, residential complex or specialized consumer cooperative - with this method of management, the application must be sent to the chairman of one of these associations.
- Transfer of functions for managing a residential building to a management company - therefore, a written request for roof repairs will need to be sent to this organization.
Question: “There was a hole in the roof through which water came in when it rained. The leak damaged not only the ceiling, but also the walls. Should the entire room be repaired or just the part where the leaks are clearly visible? There was stucco on the ceiling from Soviet times, it was also damaged as a result of a leak from the roof, should I restore it?
Every year, residents of the top floors are faced with a difficult issue - after rain or during the period when the snow melts, a leak forms from the roof. Unfortunately, not all victims are aware of their rights and decide to seek compensation from the management office for damage that was caused to their property.
How can the law protect ordinary people and achieve justice? Articles 36 and 162 of the Housing Code of the Russian Federation and the Rules for the maintenance of collective real estate of a multi-storey building oblige the management office to carry out repairs to the house under their care, as well as to repair the roof.
If the management office does not fulfill its duties and does not provide timely repairs, they are liable in accordance with Decree of the Government of the Russian Federation No. 491 of August 13, 2006.
According to Articles 40 and 42 of the Decree of the Government of the Russian Federation and the Housing Code, Article 4 “On the Protection of Consumer Rights”, roof repairs must be carried out by the management office, and the leak must be repaired within 24 hours. Also, victims may demand compensation for material damage that was caused due to a leak from the roof and compensation for all losses.
A very important factor is to immediately assess the damage that was caused to your property by a leak from the roof, in front of witnesses. You can assess the damage yourself, but in this situation the management office may not agree with your data and claims. Therefore, it is recommended to hire specialists and perform an independent assessment in a specialized company; the cost of the services of this organization can be included in the amount of compensation.
In this case, it is imperative to draw up an estimate with a detailed price list, which will indicate the estimate for repairs, attach receipts for repairs already completed (if any have already been completed) and materials purchased to eliminate the consequences of the leak. Typically, the estimate includes: whitewashing, painting, wallpaper, etc., as well as the cost of restoring decorative elements (for example, stucco). This also includes all property that was damaged by the leak: things, furniture, equipment. All these facts must be confirmed by examination.
After drawing up a document about the damage caused, it is submitted to the management of the management office, which is obliged to accept it and officially register it, carry out repairs or compensate for the damage financially.
It is not uncommon for property management offices to refuse to compensate for damage caused by roof leaks. Therefore, in order to achieve their rights and receive compensation, residents have to go to higher authorities: district courts, special inspections, in order to satisfy the claim for material costs and moral damage. In practice, you can only lose in court if the documents were drawn up incorrectly and there is no clear evidence confirming the fact of the leak.
Routine repairs and maintenance of the condition of common property is the direct responsibility of the management company. The Housing Code in Articles 39 and 156 speaks directly about this.
The management company’s obligation to carry out routine repairs is also specified in contracts that must be concluded with each owner of residential premises in an apartment building.
If managers are in no hurry to respond to your application, submit a statement to the regulatory authorities (Housing Inspectorate, Rospotrebnadzor, prosecutor’s office).
Describe the situation again and indicate the date of contact with the Criminal Code. As a rule, such appeals end successfully for the residents and the management company still carries out roof repairs and pays compensation. The same actions will help solve the problem when repairing entrances.
As soon as you notice water stains on the ceiling or walls of the apartment, sound the alarm. Don't think that someone will rush to solve the problem without your participation.
Timely submission of an application to the Criminal Code will help prevent the unpleasant consequences of a leak in the roof of your home.
If you find an error, please highlight a piece of text and press Ctrl Enter.
Here we need to reflect the essence of the problem. It will not be enough to simply write that the roof is leaking - the statement must reflect the full picture. Namely: when and by whom the roof malfunction or leak was noticed, the number of the apartment that needs roof repair and the amount of damage caused.
Next, describe in detail everything that will prove the need for urgent repairs: the date and time when the roof malfunction caused damage to the property and where in the apartment it happened. In addition, it is important to describe the nature of the damage - flooding, collapse, etc. It’s also a good idea to indicate the amount of material damage.
Description of property damage
It is better to use the following phrases: “Based on the above, guided by Articles No. 162 and 36 of the Housing Code of the Russian Federation, Article No. 4 of the Federal Law “On the Protection of Consumer Rights”, paragraph B of Article 40 of the “Rules for the maintenance of common property in multi-apartment residential premises”, Appendix No. 2 “Rules and norms for the technical operation of housing stock,” please...”
It is worth stating requests under serial numbers and formulating them very clearly. Next - a request to eliminate the flooding, as well as draw up an appropriate act to compensate for material damage.
At the end we also indicate a list of documents attached to the application and a photo of the damage caused.
You can submit your application in person or by registered mail with notification. If in the first case the dispatcher refuses to accept the application or put a signature and mark in the register about the application, then you should pay a visit to the housing office with one of the other residents and, in the presence of 2 witnesses, put the appropriate note on the document, and also endorse it with the signatures of these witnesses.
In addition, you can take a sample application with you - roof leaks are always unplanned.
Important points:
- It is better to prepare a statement about a roof leak, a sample material damage assessment report, in two copies - one for the housing office, the second must be certified by the responsible employee;
- if there is no reaction from the housing office employees, it is worth contacting the department again and demanding an official written response (often utility officials are afraid to refuse to comply with the legal demands of residents, so such a measure will speed up roof repairs);
- in the application itself, describe in detail what damage such a malfunction could cause if the housing office does not take action;
- you should insist on a visit from a technical worker and drawing up a report of malfunctions (this may be useful in court as evidence of the inaction of utility services).
Repair work on the roof
Typically, the housing office’s subsequent response to a roof leak claim is as follows: utility services must immediately contact a specialized contractor. You may need to take a sample roof leak statement from them and write another one in their name.
READ MORE: Refund of overpaid insurance premiums in 2020
Next, the organization is obliged to send its specialist on the same day. He inspects and prepares an estimate for repair work.
Then the estimate goes to the housing office. If everyone is satisfied with the cost of the work, then the utility services draw up an agreement with the contractor to repair the roof. Typically, the estimated cost of work is divided among all residents of the house.
- Utility companies do not immediately respond to statements. Employees of such services should be reminded by telephone and in person of the need to take action.
- It is important to monitor the housing office until all work to eliminate the roof leak is completed.
- It is best to team up with several active and caring neighbors.
- A collective statement has a good effect on representatives of housing and communal services.
Roof leaks are the most common cause of conflicts between citizens and utility workers. It often happens that this statement is far from the last one to be written.
This may be followed by appeals to the Housing Inspectorate, then to the Prosecutor's Office or court. The above application for roof repair is a sample that can be used when drawing up any of the similar documents.
Certificate for eliminating roof leaks
The entire essence of the document should reflect the problem in all its manifestations. In this part of the application, it is not enough to simply write that the roof is leaking. It is necessary to give a complete picture of the problem. That is, it is important to reflect when and who noticed the malfunction or leak, the number of the apartment in which it was discovered, and even the amount of damage caused.
It is then important to detail the evidence for why it is necessary to carry out
urgent roof repairs
. It is important to describe the nature of the problem and the damage it caused - collapse, flooding, cracks, etc.
Typically, the reaction of housing office workers to an application should proceed as follows: utility services promptly contact the contractor organization that is directly involved in roof repairs. It is quite possible that you will have to write another statement about the leak, but this time in the name of the contractor. Next, if everything goes smoothly, the contractor sends a specialist to inspect and draw up
sample estimate for roof repair
.
Entrance repairs and responsibilities of the management company
Residents of an apartment building at a general meeting of neighbors are required to independently choose how to manage it. Most often, citizens decide to involve a professional management company. If the owners of the apartments are not identified within a year, the city administration will appoint managers in the housing management sector. An agreement on service in the housing office must be drawn up between the management company and the residents, which clearly stipulates that citizens contribute monthly funds to keep the house clean and tidy, and the management company must take a number of measures aimed at creating comfortable conditions for homeowners and their neighbors . It is established at the legislative level that the responsibilities of the management company include:
- carrying out current and major repairs of the entrance;
- concluding agreements with providers of housing and communal services;
- facade finishing;
- checking and repairing roofs, ceilings, communication systems;
- replacement of water supply riser;
- cleaning the local area, etc.
Read also: Complaint about lack of heating: correct drafting
When concluding an agreement with a management company, apartment owners can draw up a separate act and add separate conditions and functions that the company must perform in the housing office. The Criminal Code will act as a link between citizens and housing departments. At the same time, the management company is subordinate to the housing office, therefore, if the management company violates contractual obligations in the housing and communal services sector, residents can draw up a special act and file a complaint with the housing office or the Housing Inspectorate.
If you are concerned about a roof leak, a statement, a sample of which can be found on the Internet, will help attract the management company or housing department to the problem when it does not independently resolve the issue of troubleshooting. It is important not to panic and not be afraid to seek help from the Criminal Code, the City Housing Inspectorate, Rospotrebnadzor, and, if necessary, law enforcement agencies. Relations between managers in the housing and communal services sector and citizens are of a consumer nature, which provides a number of advantages to each party to the transaction.
