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The involvement of lawyers in legal disputes is due to the need to fully protect the personal interests of citizens. As practice shows, citizens avoid legal assistance in order to save money, but in practice this is associated with high costs. Even citizens with a lawyer's education do not always keep up with current changes in legislation, so it would be advisable to consult a qualified specialist.
The convenience is that consultation with a lawyer is free and online. Where and how to get free legal advice? is provided throughout the Russian Federation.
Citizens, residents of the state, as well as non-residents of the country who temporarily reside in the Russian Federation can take advantage of the support. Moreover, lawyers can advise interested parties outside Russia, but only within the framework of domestic legislation.
Legal advice is provided free of charge online around the clock, regardless of weekends and holidays. The response time from specialists on the website is up to 15 minutes.
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Sample application for balcony repair
An application for balcony repair is sent to the management company.
Legal advice can be obtained in the following ways: use the online chat service; draw up a contact form for the feedback service; call the hotline.
If she is inactive, then go to the Housing Inspectorate. At the end of the article you can download an application for balcony repair in PDF format. Application for an administrative offense under Article 7.22 of the Code of Administrative Offenses “Violation of the rules for the maintenance and repair of residential buildings” At the address __________________________________ the norms of the Housing Code of the Russian Federation are violated, as well as the Rules and Standards for the Technical Operation of the Housing Stock, namely: the balcony collapses.
According to Article 39 of the Housing Code of the Russian Federation, the rules for maintaining common property in an apartment building are established by the Government of the Russian Federation. In accordance with the powers granted to it by the said Code, the Government of the Russian Federation approved the Rules for the maintenance of common property in an apartment building, regulating relations regarding the maintenance of common property owned by the right of common shared ownership to the owners of premises in an apartment building.
According to paragraphs. “c” clause 2 of the Decree of the Government of the Russian Federation of August 13, 2006 N 491 (ed.
dated 14.05.2013) “On approval of the Rules for the maintenance of common property in an apartment building and the rules for changing the amount of payment for the maintenance and repair of residential premises in the case of the provision of services and performance of work on the management, maintenance and repair of common property in an apartment building of inadequate quality and (or) with interruptions exceeding the established duration" the common property includes:
Who should repair the balcony?
According to the rules of civil law, the owner is obliged to maintain the proper condition of the property . The concept of maintenance also includes the repair of property if the need arises.
In order to understand who is responsible for maintaining the balconies, you need to find out what kind of property they belong to. Residential premises in an apartment building (i.e., an apartment building) can be municipally owned or privately owned. Everything that is intended for joint use belongs to common property.
According to the Housing Code (Article 36), roofs enclosing load-bearing, as well as non-load-bearing structures in apartment buildings, are classified as common property.
The code says nothing specifically about balconies. Therefore, from its provisions it is not clear what the affiliation of these structures is. This issue is regulated by another document. The government, in Resolution No. 491 of August 13, 2006, defines a complete list of property common to the entire apartment building. This includes balcony slabs, as well as the walls to which they adjoin. They are load-bearing structures that are part of the common property.
Consequently, the repair of balcony slabs should be carried out at the expense of funds allocated by all owners for the maintenance of the house, by the forces of the selected management company or HOA (of course, with the involvement of other specialists). Other elements of balconies (canopies, doors leading to the apartment, double-glazed windows) are the private property of the residents. Therefore, the owners of an apartment with a balcony should be responsible for their maintenance.
In an apartment building
Repair work on various elements of the balcony in the house must be carried out by the persons who own them. Balcony slabs are common property for all owners of apartments in apartment buildings.
Therefore, the restoration of the balcony slab will be carried out by organizations chosen by the owners to maintain the apartment building.
They can do this themselves or engage specialized companies for this purpose. It is assumed that other parts of the balconies (by law) will be repaired by apartment owners themselves. These may be private individuals or the municipality, depending on the presence or absence of privatization of a particular housing. Balcony repairs by the management company or HOA in specified cases are not carried out!
Who should repair a balcony in a privatized apartment according to the law?
As mentioned above, repairs (both major and ordinary) of a balcony in a privatized apartment will be carried out either by its owners or by the management organization (involving a contractor). It depends on what kind of structure needs restoration.
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Elements of balconies that are not common are subject to repair by residents of privatized premises at their own expense.
At whose expense is the repair carried out?
Repair work is not free. The services of the organization carrying out the repairs must be paid for. This raises the question of who will bear the cost of paying for repairs.
In fact, in any case, the costs are borne by the owners of apartments in apartment buildings.
For the maintenance of property belonging to the common, they are obliged to make deductions in proportion to their share in it. Repairs to the load-bearing parts of the balcony are carried out at the expense of these contributions. .
Repairs to the canopy over the balcony or its other elements related to private property are paid by the owner of the apartment.
The balcony is in disrepair: who should repair it?
» » Having a balcony in an apartment is always considered an advantage.
It can be used in any way the owner wishes (as a storage room, a drying rack or a place to relax). However, nothing lasts forever, and the balcony slab is no exception. Under the influence of snow, wind, rain and frost, the balcony slab gradually collapses, worsening the condition of the balcony to the status of emergency.
And at this moment a number of questions arise: how to accurately determine the condition of the balcony and how to repair it. But most importantly, at whose expense should the repairs be carried out?
Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique. If you want to find out how to solve your specific problem, please contact the online consultant form on the right.
It's fast and free! Or call us at: +7 (499) 703-47-59 Moscow, Moscow region St. Petersburg, Leningrad region Federal number (free call for all regions of Russia)! The case of the balcony is very controversial, and everyone tries to interpret it in their own way. This is due to the fact that the slab itself is common property, and the parapet, roof and other structures are the property of only the owner of the apartment.
As you can see, the situation is quite controversial.
The Housing Code of the Russian Federation states that balcony slabs belong to common property.
Complaint against the management company: destruction of balcony slabs
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Many residents of old houses are wondering: what to do if the balcony is in disrepair?
Many people living in apartments in a multi-storey building are faced with the disrepair of their own balcony. Structures that fall apart over time become dangerous and unusable. But who is responsible for the repair of this premises, the owner or the housing department?
Every owner of an unusable balcony should know that this part of the apartment is an indispensable part of the common property. Moreover, a fixed amount is paid to the management company (MC) monthly for its maintenance.
Therefore, repair work to strengthen load-bearing walls and main structures must be carried out by representatives of the management company, in accordance with the legislation of the Russian Federation. But homeowners are required to independently monitor balcony parapets and other adjacent structures.
The management organization of your home should be responsible for repairing the emergency condition of the balcony. And in order to obtain the necessary repair work from representatives of the housing department or the management company, the owner will have to prove that the balcony structure is in an emergency condition.
How to submit an application for balcony repair to the management company
Free legal advice: All Russia In addition, corridors or staircases can be non-load-bearing fencing.
In order for utilities to carry out the necessary repairs, a properly completed application will be required. This document specifies the basic requirements for company representatives.
- Very often, when repairing an emergency balcony, the question arises: what should be repaired by the specialists of the management organization, and what should the owner of the apartment himself? In the Rules pp. 13 and 14 for common property provide for consideration of the issue of reconstruction of an emergency structure on the basis of an inspection report. After this, a decision is made to carry out repair work.
- Balcony railings, which are necessary for general use, should also be considered common use. These non-load-bearing structures are intended to serve several residential or non-residential premises (in the Rules, paragraph 2, paragraph “d”).
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By Decree of the Government of the Russian Federation of August 13, 2006 No. 491, in the case of management of an apartment building by a management organization, the burden of expenses for the maintenance of common property must be borne by the owners of premises in this apartment building, and the amount of payment due from them is determined by the decision of the general meeting of owners, taking into account the proposals of the management organization.
In turn, the requirements and standards for the maintenance and servicing of the housing stock are determined by the Rules and Standards for the Technical Operation of the Housing Stock, approved by Resolution of the State Committee of the Russian Federation for Construction and Housing and Communal Sector dated September 27, 2003 No. 170, which are registered with the Ministry of Justice of the Russian Federation on October 15 2003 No. 5176, published in Rossiyskaya Gazeta dated October 23, 2003 No. 214 and are binding on management organizations.
Why is the MA responsible for balconies?
The common property includes a load-bearing wall and a balcony slab, essentially the balcony floor. It is recognized as the enclosing structure of an apartment building and is under the jurisdiction of the building management organization, which is responsible for the maintenance and repair of the common property of the apartment building (clause “c” of clause 2 of the RF PP No. 491, part 2 of article 162 of the RF Housing Code). The owner himself is responsible for the remaining parts of the balcony - the canopy, roof, parapet, and glazing.
The work performed for the proper maintenance of balconies is included in the minimum list of works and services approved by Decree of the Government of the Russian Federation dated April 3, 2013 No. 290. The list includes, among other things, the identification of violations and performance qualities of the balcony slab (clause 9 of the RF Government Decree No. 290).
The management company must determine the condition and, if necessary, plan repairs of balcony slabs during scheduled inspections. Inspections of the condition of the structural elements of the house must be carried out at least twice a year - in spring and autumn (clause 2.1.1 of the resolution of the State Construction Committee of the Russian Federation No. 170).
Based on the results of the inspection, the management authority must, in accordance with clause 2.1.5 of Resolution No. 170, within a month determine the list and scope of work to repair the balcony if deformations and damage to property have been recorded.
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The MA is also obliged to:
- check the correct use of balconies by residents of the house;
- Avoid placing bulky and heavy things on balconies, littering and pollution;
- explain to residents of apartment buildings the rules for using balconies (clause 4.2.4 of resolution No. 170).
Sample application for repair of balcony slab
Contents Being an auxiliary room, a balcony is a significant “bonus” for homeowners and contributes to comfortable living. For one, this is an opportunity to breathe fresh air in the morning; for another, it is an excellent room for storing various things.
During operation, it is important to monitor its condition.
An emergency balcony brings a lot of trouble for both residents and strangers and their property.
Responsibility for the condition of balconies lies partly with public utilities. Despite this, failure to take safety measures due to a collapsing balcony can cost a lot of time and nerves, and possibly money directly to the apartment owner. Therefore, first of all, the owner himself is interested in identifying the “weak spot” in time and taking measures to restore it.
Some people repair balconies on their own, while others wait for initiative from the utility service. In order to defend our property interests in eliminating the dangers hidden in a destroyed balcony base or damaged fences, we turn to the legislation.
A reference to a legal act will be the most powerful argument in a dispute with a housing organization.
Our articles talk about typical ways to resolve legal issues, but each case is unique. If you want to find out how to solve your particular problem, please contact the online consultant form on the right → Or call us by phone (24/7). It's fast and free! Moscow and Moscow region We will determine the boundaries of responsibility of the parties.
Emergency balcony: who repairs it, how to write an application for balcony repair in 2020
› A sample application to the housing office for balcony repairs allows you to formalize procedures related to major repairs, restoration, and strengthening of balcony or loggia structures.
Despite previously common practice, the reconstruction of these facade elements in many cases should not be carried out in-house, although they belong to the personal space of the occupant.
The loggia slab rests on vertical panels or masonry, which can be destroyed under the influence of unfavorable factors, such as corrosion of embedded parts or degradation of concrete as a result of ice formation in cavities and cracks.
In case of improper operation or in the process of natural wear and tear of structures, weakening of elements occurs, which can be eliminated by restoring the load-bearing capacity of the slab and assembly. The techniques of the “home craftsman” and “jack of all trades” will not help here, since an understanding of the nature of the reinforcement of such structures and the interaction of the reinforcement and the concrete of the element is required.
Only specialists with the necessary permits and experience can repair these damages. The technical parameters of balconies and loggias place them among the structures and elements classified as the common property of the owners of an apartment building. Its maintenance is carried out by a management company based on an agreement with the property owners.
She bears contractual responsibility to the property owners for maintaining the property in proper order, and in addition, administrative and criminal liability for failure to take measures and failure to fulfill her obligations if a complaint to the management company about the alarming state of structural elements was ignored.
Balcony slab repair
- But theoretical knowledge must be confirmed by sufficient experience to know:
- Repairing minor damage
- We assess the condition of the balcony
- Strengthening the balcony slab is carried out using the following technology:
- Channel reinforcement
Sample application for balcony repair
A sample application to the housing office for balcony repairs allows you to formalize procedures related to major repairs, restoration, strengthening of balcony or loggia structures. Despite previously widespread practice, the reconstruction of these facade elements in many cases should not be carried out on their own, although they relate to the personal space of the resident . Design features The balcony is located outside the plane of the building's facade, protruding outward at a distance of about one meter.
From the point of view of fastening, it refers to cantilevering, which means rigidly fixing a beam or plate on one side. At the same time, the physical condition of the supporting assembly and the panel itself are critically important for the perception of the standard load. The loggia slab rests on vertical panels or masonry, which can be destroyed under the influence of unfavorable factors, an example of which is corrosion of embedded parts or degradation of concrete as a result of ice formation in cavities and cracks. In case of improper operation or in the process of natural wear and tear of structures, weakening of elements occurs, which can be eliminated by restoring the load-bearing capacity of the slab and assembly. The techniques of the “home craftsman” and “jack of all trades” will not help here, since an understanding of the nature of the reinforcement of such structures, interaction of reinforcement and concrete element.
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Only specialists with the necessary permits and experience can repair these damages.Legal sideTechnical parameters
Application for repair of balcony slab
Contents of the page: A good sample statement will serve to save time for more useful questions. The official document carries important data fields. To enter them correctly you need to understand the principle.
The best way to do this is to study the sample located below. Perhaps you have found an inaccuracy or error, please indicate to us the errors in the form at the end.
It is important to know that jurisprudence does not mark time in a specific point and some templates continue to quickly become useless.
It is always necessary to check the relevance of the references to points of law contained in them. It may happen that some laws have already lost force.
We live on the 4th floor in a house that is 45 years old and has never undergone major renovations. Last year, water started running into our apartment because...
that the neighbors of 2 apartments upstairs above us have deteriorated the waterproofing and cement screeds of their balcony slabs and therefore, when it rains or the snow melts, all the water flows down the seams into our apartment. We contacted the management company with a request to seal the balconies of 2 apartments above us, but they refused in a letter, citing the fact that sealing balconies is not included in the list of services provided.
The list of services provided by the management company includes such an item as sealing wall joints. In addition, my mother, as a war invalid, has the right to free major repairs, but the Criminal Code did not respond to our application with a written response, that is, she completely ignored it.
We contacted local authorities.
State fee for going to court
According to paragraph 3 of Art. 17 of the Law “On Protection of Consumer Rights”, plaintiffs are exempt from paying state fees.
Attention! State duty calculator.
The norm applies to both the consumer and other persons filing claims in his defense. For example, a claim in defense of a citizen is filed by the prosecutor, local government bodies, Rospotrebnadzor, and relevant public associations (if they have the status of a legal entity).
At the same time, Article 17 contains a provision that the grounds for exemption from payment of state duties are established by the relevant laws on taxes and fees. In particular, Art. 333.36 of the Tax Code contains a rule that if the price of the claim is less than 1 million rubles, then there is no need to pay a state fee.
Submitting an application for balcony repair: subtleties of legislation
Many residents of old houses are wondering: what to do if the balcony is in disrepair? Many people living in apartments in a multi-storey building are faced with the disrepair of their own balcony.
Structures that fall apart over time become dangerous and unusable. But who is responsible for the repair of this premises, the owner or the housing department?
Every owner of an unusable balcony should know that this part of the apartment is an indispensable part of the common property. Moreover, a fixed amount is paid to the management company (MC) monthly for its maintenance. Therefore, repair work to strengthen load-bearing walls and main structures must be carried out by representatives of the management company, in accordance with the legislation of the Russian Federation.
But homeowners are required to independently monitor balcony parapets and other adjacent structures.
The management organization of your home should be responsible for repairing the emergency condition of the balcony. And in order to obtain the necessary repair work from representatives of the housing department or the management company, the owner will have to prove that the balcony structure is in an emergency condition.
In order for utilities to carry out the necessary repairs, a properly completed application will be required. This document specifies the basic requirements for company representatives.
It is recommended that signatures of neighbors and photographs of the property be attached to the application. All this documentation will be needed to recognize the balcony structure as emergency.
According to the Housing Code, balcony slabs are considered common property.
Repair of an emergency balcony (video)
A collapsing balcony becomes a real problem not only for the apartment owner, but also poses a danger to the lives of others. If the emergency structure is common property, the owner of the apartment has the right to submit an application to the management commission. This document must be properly formatted, with a detailed description of the problem. It is recommended that the signatures of the residents of the house be attached to the application.
In conclusion, we note that if the management company fails to carry out the necessary repair work on the balcony, the applicant has the right to demand reconstruction of the structure through the court.
Submitting an application for balcony repair: subtleties of legislation
By Decree of the Government of the Russian Federation of August 13, 2006 No. 491, in the case of management of an apartment building by a management organization, the burden of expenses for the maintenance of common property must be borne by the owners of premises in this apartment building, and the amount of payment due from them is determined by the decision of the general meeting of owners, taking into account the proposals of the management organization. In turn, the requirements and standards for the maintenance and servicing of the housing stock are determined by the Rules and Standards for the Technical Operation of the Housing Stock, approved by Resolution of the State Committee of the Russian Federation for Construction and Housing and Communal Sector dated September 27, 2003 No. 170, which are registered with the Ministry of Justice of the Russian Federation on October 15 2003 No. 5176, published in Rossiyskaya Gazeta dated October 23, 2003 No. 214 and are binding on management organizations.
Important: We contacted the management company with a request to seal the balconies of 2 apartments above us, but they refused in a letter, citing the fact that sealing balconies is not included in the list of services provided.
The list of services provided by the management company includes such an item as sealing wall joints.
In addition, my mother, as a war invalid, has the right to free major repairs, but the Criminal Code did not respond to our application with a written response, that is, she completely ignored it. We contacted local authorities.
An interdepartmental commission was called, which decided that the residents of these 2 apartments were required to make a cement screed for their balconies in the warm season.
How the issue is regulated
Legal relations that arise during repair work are regulated by the Law of the Russian Federation of February 7, 1992 “On the Protection of Consumer Rights.”
This means that the consumer has the right to receive high-quality repair work carried out within a certain period of time. Failure to fulfill the obligations of counterparties allows the consumer to write a claim or file a lawsuit in court.
Important! To obtain consumer rights, formalize contractual relations with developers.
The contract is concluded before the start of repair work.
It must define:
- cost of work;
- deadline for fulfilling obligations;
- types of work to be carried out;
- provisions on settlements between the parties;
- guarantees provided upon completion of work.
It is impossible to foresee all the details in the contract in advance, therefore, during the execution of work, as a rule, various changes and additions are made to the contract.
Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.
Balcony slab repair
- Part of the slab on the balcony fell off. Who should pay for this repair?
- I am looking for a sample application for balcony repair.
My plaster and balcony slab are collapsing. - Help me fill out the correct application for the repair of a balcony slab in the homeowners association!
- How to submit an application for repair of a balcony slab.
- Should the management company repair the balcony slab and railings?
- How to write an application to the Criminal Code for the repair of a balcony slab.
- Sample application for repair of a balcony slab.
If it is difficult for you to formulate a question, call, a lawyer will help you: Free from mobile and landline Free multi-channel telephone If you find it difficult to formulate a question, call a free multi-channel telephone, a lawyer will help you 1. How to write an application to the law office for the repair of a balcony slab. 1.1. The law does not impose any requirements for the preparation of such a document.
Accordingly, you can compose it in any form, outlining all the circumstances of the case. 2. Should the management company repair the balcony slab and railings?
Responsibilities of management companies in the housing and communal services sector for housing maintenance
What should the management company do regarding the maintenance, as well as current and major repairs of residential buildings? Based on all legislative regulations, the contract with the owners must specify the following responsibilities of the management company:
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- Ensure the safety of the building through supportive repair activities.
- Engage in improving living conditions.
Establish and maintain timely and high-quality provision of utility services to residents of the building.- Make payments for services provided (how to write an application for recalculation for utility services?).
- Involve contractors, construction organizations, and other specialists to repair the house and troubleshoot problems. Conclude agreements with them for the provision of services.
- Provide safe accommodation.
- Conduct systematic inspections of the building, various rooms and structures for wear and damage.
- Ensure cleaning of the local area and removal of waste.
- Respond to requests from residents regarding malfunctions and wear and tear of the house and its components. Upon receipt of a complaint, an inspection must be carried out, and any problems found must subsequently be eliminated.
