Sample of an act of flooding of an apartment

Free legal consultation over the Internet 24 hoursLawyer on housing issues in St. Petersburg. Free legal consultation on labor disputes.
5/5 (3)

How to draw up a flood report correctly

The current legislation of the Russian Federation does not establish requirements for the form of the act of flooding of premises. Thus, this act is drawn up in simple written form.

If a citizen who owns a residential property on whose territory an accident occurred that led to flooding refuses to take part in drawing up a flood report, then this report is drawn up without his participation.

However, in this situation, in addition to representatives of the management company or service organization, the commission drawing up the act will need to additionally include at least 2 neighbors. These neighbors, who witnessed the incident, will be able to confirm the fact of flooding during legal proceedings.

Let us note that quite often there are situations when an accident that led to flooding occurred not through the fault of the owner of a residential property, but through the fault of the management company or service organization. In such a situation, eyewitness testimony will significantly strengthen the position of the injured citizen during legal proceedings.

The procedure for drawing up an act on the bay

Having noticed a flood in an apartment, you should not immediately panic and immediately eliminate its consequences.

Determine the location and source of the leak, and, if possible, eliminate the accident yourself.
Contact your maintenance organization or emergency service and report that the apartment is flooded. They are required to send a mechanic on duty to repair the accident.
Find the possible culprit and notify him about the incident.
Call an employee of the management company or invite another expert and draw up an act of filling the apartment.

The act of flooding the premises is the first and main legal document about the fact of flooding, which requires competent drafting. It establishes the relationship between flooding and its consequences (damage to property). Drawing up the document is the responsibility of the management company. How to do this correctly is regulated by the Regulations “On the procedure for carrying out repairs related to damage to residential premises.” There is no single writing sample, but there are recommended rules for drawing up an act.

When the emergency dispatch service receives data about a leak and flooding of the premises, a special commission is created, consisting of:

A representative of the management company - a responsible person who draws up a report detailing the consequences of flooding the apartment.
An employee of the operating organization.
The injured party.

Information about each member is indicated in the document. Without the creation of a commission, the act has no legal basis for compensation for damages through the court.

The report contains complete information about the culprit of the accident. It could be:

an individual or legal entity owning the premises above;
the organization that manages or operates the house.

If the premises are rented, then responsibility for damages lies with the owner. The culprit, whether it is a neighbor above or a company servicing the house, carries out the work to eliminate the damage in full at his own expense. If the culprit of the accident denies his involvement in the event, then the guilty party is determined during legal proceedings. The refusal of the culprit to attend the inspection is recorded in a special recording.

An authorized employee of a housing organization, in the process of drawing up a leakage report, indicates:

damage to the finishing of the apartment, walls, ceiling;
property that has lost its functionality after the flood (the exact name of the model, manufacturer, serial number and other identifiers is indicated);
as evidence, photo and video recording is made;

During the inspection of the apartment, the injured party should carefully monitor the information specified in the report. The final amount of damage depends on their accuracy. If possible, contact an experienced lawyer or expert who knows how to draw up an apartment flood report.

Reasons for the gulf

The document must indicate the reasons for the flood. They are identified during inspection of pipes for leaks, checking the integrity of sanitary communications, and identifying violations of the rules for operating sewerage and plumbing equipment. The cause of the flooding, indicating the violations, is described in detail. If the true cause of the accident has not been established, an expert commission is appointed.

The report writer must indicate the relationship between the cause of the flood and the resulting losses. Based on the inspection of the apartment, an estimate for restoration work is formed, which is advisory in nature.

The absence of any element in the report may be grounds for denial of compensation. If someone from the commission refused to sign, then a corresponding entry is made.

After inspecting the premises, you can try again to negotiate with the individual/company who flooded you on the amount of compensation and, in case of refusal, send the documents to the court, which, according to the law, will begin proceedings. Moreover, during the legal proceedings, an additional examination may be appointed to accurately assess the repair of the premises after the incident.

It is important to understand that if all procedures are not followed (for example, the parties are not notified of the inspection procedure), the flooding report may become inadmissible evidence in court, and the results of the first inspection will be canceled by the judge. Therefore, do not violate the general procedure under any circumstances and defend your right to full compensation to the end.

In what cases is an act drawn up?

In accordance with the norms enshrined in Article 1064 of the Civil Code of the Russian Federation, a citizen guilty of causing damage to someone else's property is obliged to compensate for the damage caused.

Please note that legal provisions alone are not sufficient to obtain compensation. During legal proceedings, the victim will need to prove that the damage to property was caused as a result of the actions or inaction of the defendant. If the court finds the evidence unconvincing, then it will not be possible to receive compensation.

In practice, this means that a citizen whose residential property has been flooded will need to accurately determine who is responsible for the incident, and only then go to court. Otherwise, instead of compensation for damage, the citizen will receive additional costs associated with legal proceedings.

A citizen who discovers that his residential property is subject to flooding should take measures to immediately de-energize this property. In this case, in no case should you begin to eliminate the consequences of flooding until the commission draws up a report.

Important! After a power outage, a citizen must call representatives of the management company or service organization to inspect the flooded residential property and draw up a report.

Employees of the management company will be able to determine the reasons why the accident occurred. If it becomes obvious that the flooding was due to the fault of a citizen who owns a residential property located on the top floor, then this citizen must be invited to conduct an inspection and draw up a report.

Let us note that even if the culprit of the incident agrees to voluntarily compensate for the damage caused, it is better to draw up a flood report. This will help avoid problems if the culprit refuses to pay compensation in the future.

What to do if your neighbors below are flooded?

Read here what to do if the sewage system in a high-rise building is clogged.

Where to contact if the management company is inactive, read the link:

Compiled by whom?

To record losses and further compensate them by the culprit, it is necessary to certify the damage and draw up a report on the flooding of the apartment. The procedure begins with inspecting the affected living space and establishing the cause of the flood, as well as identifying those responsible for the incident.

For a comprehensive and objective assessment of the consequences of the bay, a commission consisting of:

the victim;
the culprit (if he refuses to attend the assessment, the event is held without his participation);
witnesses;
representatives of TSN, management organization or management of MKD.

The actual drafting of the document is carried out by the house council, which is a commission. The creation of a document by victims or perpetrators is prohibited due to their interest.

The commission is obliged:

Make an inventory of the damage.
Establish a connection between the actions of the perpetrators and the flood.
To certify a document:

make sure there are signatures of witnesses and parties;
check the accuracy of the entries and the correctness of the facts.

The report must contain a description of all visible and hidden damage. Defects not reflected in the document are extremely difficult to prove.

Identification of the perpetrators

If the accident occurred as a result of negligence shown by the owners of a residential property located on the floor above, this must be recorded in the act.

It is the neighbors who will be found guilty if flooding occurs:

due to an open tap in the kitchen or bathroom;
due to clogged drainage pipes in the bathroom or kitchen;
as a result of damage to the heating, water supply or drainage system;
as a result of repair work independently carried out on water supply, heating or drainage systems by the owner of a residential property.

If the accident occurred in areas related to common property, and also if the cause of the accident was deterioration of communications, the blame for the flooding lies with the management company. The corresponding entry must be made in the act being drawn up.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.

Who draws up the document and is present at the time?

Before you begin drawing up a flood report, a commission should be convened. If the act is drawn up by the owner of the residential property subject to flooding alone, then this act will not have legal force.

The commission, in addition to the owner of the residential property subject to flooding, includes:

representatives of the management company: chief engineer, employees of the repair and technical department, plumber;
employees of the organization responsible for maintaining communications as a result of damage to which an accident occurred;
the owner of the residential property on whose territory the accident occurred;
eyewitnesses to the incident.

It is advisable for a citizen who has suffered as a result of flooding to invite a lawyer who will represent the interests of this citizen to the procedure for drawing up a report.

Please note! The flooding report is drawn up in three copies, each of which is sealed with the handwritten signatures of the commission members and the seal of the management company.

If you are refused

The report, according to Resolution No. 354, is drawn up within 12 hours from the moment the signal about the accident is received. But in practice, this resolution does not always work.

The deadline for drawing up the report is extended to three days in the event of an accident on Friday evening, a weekend or a holiday. The mechanic on duty can only fix the leak, but he has no reason to draw up and sign a flood report.

The act is drawn up in three copies: for the parties to the dispute and the management company. With the received report, you can go to court to recover damages. Do not rush to make repairs, as in the event of litigation, a forensic examination may be appointed. You must keep your copy until all disputes and disagreements are resolved.

If the management company is considered a possible culprit for the flooding or refuses to record the fact of the leak, a letter must be sent to its address with acknowledgment of delivery (you need to make a photocopy for yourself). One letter is sent to the culprit, the other to the service organization. The report must indicate that the Criminal Code was notified of the examination, but did not appear for the inspection.

In case of refusal of peaceful compensation for damage, you should contact the courts or insurance companies. It is first necessary to obtain an independent assessment of the damage caused. This assessment is provided by specialized agencies.

Since the final consequences of flooding appear only after 14-30 days, you cannot immediately apply for a final assessment of the damage caused.

During this time, it is necessary to prepare the necessary package of documents:

Technical passport indicating the area of individual premises,
Documents confirming ownership of real estate,
Copies and originals of passports of owners of residential premises,
If the owner is absent during the inspection of the premises, a power of attorney will be required for his representative.

If you have insurance for real estate and property, you should immediately contact the insurance company, which will conduct its own assessment of the damage.

IMPORTANT: when receiving insurance compensation, the owners cannot claim full monetary compensation for the damage caused by the culprit of the incident.

The fact of a flood must be reported to the management organization as soon as possible. You should not try to eliminate its consequences immediately after the flood. Such actions can further damage the premises and also affect the reliability of the inspection results. It’s better to leave everything as it is and call an emergency team.

Authorized specialists are required to respond to calls as quickly as possible. The maximum period for drawing up a report and waiting for inspection is 12 hours. This period is indicated by Regulation No. 354 “on the provision of public services”. Calls from utility workers must be recorded in the application log.

If the management company refuses to accept the challenge or fulfill the obligation to draw up an act, the victim can file a complaint about the organization’s inaction:

to Rospotrebnadzor;
to the Prosecutor's Office;
to Goszhilnadzor.

After three days, if the management organization does not respond to the call, the victim has the right to draw up a flood report independently, using the authorized sample document.

The need for a home flood act arises in situations where the victim needs to protect his rights. If the premises are flooded by neighbors or an emergency occurs, then the paperwork that will serve as the basis for compensation should be completed in a timely and correct manner. The absence of an act may lead to the court’s refusal to compensate for losses. Then we can only hope for the good faith of the guilty citizens.

If you have any questions, you can ask them free of charge to the company’s lawyers in the form provided below. An answer from a competent specialist will help you make the right decision.

Nuances of drawing up an act

Even when the flooding of a residential property was not immediately discovered, or if minor damage was caused as a result of this flooding, it is still necessary to draw up a flood report. This must be done, since water can accumulate in the ceilings, as a result of which the consequences of flooding will appear after a while.

Please note that a citizen whose apartment was flooded can count on receiving compensation only if there is a properly executed act. Errors made when drawing up a flood report, as well as failure to include various details in this report, can lead to the fact that the victim will not be able to recover compensation from the culprit.

Watch the video. Apartment flooding report:

Purpose of compilation

The main purpose of drawing up an inspection report of the premises after the flood is to record the following circumstances:

Fact of leakage.
Damage caused to each flooded room.
List of damaged and destroyed objects (furniture, appliances, doors, windows, etc.).
Indication of the fact of inspection:

guilty (with his consent);
employees of the management organization;
witnesses.

The recording procedure is mandatory in any case, even if the fact of the flood was not discovered immediately. Regardless of what form and sample the document is drawn up, it must reflect the fact of the leak and the corresponding material losses of the victim. This report can be used in court as a document confirming the plaintiff’s claim to cover the costs of repair work.

If the culprit was not present

Note that the citizen responsible for the flooding may refuse to be present when the act is drawn up.

In practice, the following situations most often occur:

the citizen through whose fault the flooding occurred refuses contact with the victim;
the citizen responsible for the flooding enters into negotiations with the victim, but completely denies responsibility for the incident;
the citizen responsible for the flooding refuses to join the commission and does not participate in the procedure for drawing up the flooding report;
the citizen responsible for the flooding agrees to be a member of the commission, participates in drawing up the act, but refuses to sign this act.

What is the registration procedure?

The period for drawing up the document should not exceed 12 hours; after the owner of the apartment contacts the management company, it creates a special commission that will determine the cause of the accident and examine the damage caused.
The commission must consist of three people: the culprit, the victim and an employee of the management company. If the composition is incomplete, then the court may recognize the drawn up act as imaginary and invalid.
If the damage was caused by the actions or inactions of neighbors above, then their presence is mandatory. If they refuse to take part in the inspection of the crime scene, then this should be written in the act signed by the participants in the inspection. Very often the culprit refers to his absence when drawing up the act, but if a record of the refusal is present, then this will be accepted as his presence when drawing up documents on the flooding of the apartment.
The header of the document contains the address of the victim, indicating the apartment number, the date of preparation and the names of the participants in the process.
The cause of the flood is described in detail, indicating the disturbances that caused the flood.
The culprit of the accident is also listed and his apartment number is indicated.
A full description of the damaged property and premises is made.
If the true cause of the incident has not been established, an expert commission is appointed to identify the causes.
The act is drawn up in triplicate and signed by all members of the commission.
One version of the act remains with the management company, others are transferred to the victim and the culprit of the accident.

The report is retained until all causes of the accident are resolved, its consequences are eliminated and until the amount of compensation is paid.

If an expert commission is created to assess the damage caused, then a document on the inspection of the damaged apartment and the assessment of the damage caused by the accident is attached to the report. In addition, an independent examination is carried out in the presence of a representative of the management company and the person responsible for the incident; a footnote is made about this at the end of the document, and their signatures are affixed agreeing with the assessment. If the assessment is made without the presence of these persons, the court may invalidate it.

The evaluation document is drawn up according to the established rules:

Photographs of damage to the apartment and property are taken.
Damaged areas are verified.
All damage caused by the flood to finishing materials, floors, and ceilings is described in detail: swelling, peeling.
Based on these data, a full calculation of the compensation due is made at market prices.

Collection of evidence

A citizen who owns a residential property subject to flooding will need to substantiate the claims, including the amount of compensation, presented to the defendant during court proceedings.

To do this, you will need to record the damage caused to the victim’s property in a photo or video. If recording will be carried out on video, then filming must begin from the entrance in which the flooded apartment is located, right up to the flooded residential property.

Video recording should not be interrupted. It must record all flooded premises and property damaged as a result of this flooding.

Photo and video recording must be carried out in the presence of witnesses who, during legal proceedings, will be able to confirm the authenticity of these materials.

Before going to court to demand compensation from the defendant, a citizen must assess the damage caused to property as a result of flooding. To do this, you will need to contact an expert organization or an independent appraiser.

We especially note that the expert organization must have a license to carry out the relevant type of work. Otherwise, the conclusion issued by the expert organization cannot be used as a justification for the amount of damage caused.