The culprits for flooding an apartment can be either its owners themselves, or neighbors or repairmen of utility lines when they moved water or sewer pipes. There is a certain procedure for the proceedings, following which you can eliminate all problems as quickly as possible and resolve the issue of compensation for damage caused to property after flooding.
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But to do this, you need to know who is involved in assessing the damage, how the assessment procedure takes place, who should compensate for the damage in a particular situation, because circumstances can develop differently.
Who evaluates
In order to behave correctly when your apartment is flooded and resolve the issue of compensation for damage as quickly as possible, you need to know the sequence of your actions, which should be taken first.
The action algorithm in this case will be as follows:
- Call a specialist from the organization that services the house - TSE, TSN, Housing Office, TOS or some other organization.
- Calling an expert damage assessor.
- After this, all documents received, including reports after the damage assessment, are sent to the person responsible for the communal accident to cover the damage to the owner of the affected apartment.
It is necessary to call a specialist from the HOA or another organization that maintains the apartment building (apartment building) for the reason that in order to further resolve the case, you will need a paper confirming the fact that the apartment has been flooded.
This is exactly the kind of paper that an employee of the partnership draws up - an act of property damage due to flooding of the apartment. This report reflects the leaks themselves, the places where the water flowed, and briefly outlines the extent of the damage.
All damage to the property of the apartment should be assessed in detail by another specialist - an expert appraiser, who will not only identify damaged items, objects and elements of housing, but also set an approximate market value:
- new materials to replace damaged ones;
- spare parts for replacement of household appliances;
- repair work of broken equipment;
- services for the restoration of wall coverings, floors, ceilings - plaster, tiles, wallpaper, laminate and other things.
You should seek the services of an expert from a special organization of expert appraisers on housing issues. Because there are different experts who conduct, for example, auto examinations or others.
Not all such organizations employ appraisers who specialize in housing stock and monitor changes in market prices for repair services or the cost of building materials to restore flooding in an apartment.
After all, all these details are extremely important for the qualified and competent work of a specialist who assesses the damage, its magnitude and volume, in order to arrive at the final amount to eliminate the damage.
Note! Each expert who will conduct a damage assessment must have a valid license to conduct such types of services.
The organization in which he is a staff member can be either public or private - here it doesn’t really matter which appraiser should contact. But there are also lone experts who work privately and are registered in the Unified State Register of Individual Entrepreneurs as individual entrepreneurs.
What to do if your apartment is flooded is described in the article: apartment flooding. You can see reviews of apartment insurance against flooding for neighbors by following the link.
We present evidence
Do not forget that moral damage must be proven, like any other. The injured party will need any documents proving that its claims are not groundless and that there is a cause-and-effect relationship between the fact that the apartment was flooded and moral suffering. For example, if the flooding of the apartment caused such stress for the injured party that her health and performance deteriorated sharply and she was forced to buy expensive medications, then all medical certificates, prescriptions, copies of sick leave and receipts from the pharmacy should be preserved. If residents were planning to go on vacation abroad, but after they were flooded by their neighbors, they were forced to cancel the trip and as a result lost a large sum of money, then they will need a certificate from the travel agency and their place of work. You can also use witness testimony, but please note that witness testimony is usually interpreted as circumstantial evidence.
How does the assessment work?
Upon arrival at the scene of an apartment disaster, the expert inspects all the damage and draws up a report that will reflect the amount of all damage, as well as the amount of money to restore the damage.
All prices for calculations are taken by the appraiser based on market rates that are current on the date of the flooding.
The cost of building materials, apartment renovation services, household equipment, spare parts for repairing household appliances is constantly changing. The market is dynamic in terms of price jumps and can show different levels annually and even quarterly.
In general, we can highlight the main stages of the work of an expert appraiser:
- Calling a specialist from the housing management company is mandatory.
- The specialist draws up a report in 2 copies on the existence of the fact of the “flood”.
- The owner of the apartment must officially invite in writing the person responsible for the flooding at the same time as the appraiser is scheduled to arrive.
- Upon arrival at the site, the appraiser is required to show his license, and the apartment owner is required to check the license for its validity.
- Inspection of damage, damage to the property of the apartment, objects of the apartment itself as a result of flooding.
- The appraiser also photographs all damage, measures it, and records it in a special document.
- Calculating the cost of repairs and finding prices for new parts, elements, materials to replace damaged ones. Usually this stage is longer; the law allows a period of no longer than 7 days for such a procedure.
- Drawing up an act with attached details and calculation of the cost of damage, which also highlights the total amount of damage.
- One copy of the act is given to the injured party, the second to the culprit, and the third remains with the expert.
Note! To invite the culprit of the accident to conduct an examination, it is enough to send him a letter with notification of receipt by regular mail, which will indicate the day and time when he should appear at the scene of the accident.
The act that is drawn up by the HOA specialist (or any other institution managing the house) must be signed:
- home owners;
- 2 witnesses;
- by the specialist of the home maintenance company himself.
One copy of the completed act is given to the injured party, and the second is sent to the management company for storage.
Note! If you use the services of an expert who does not have a permit to carry out this type of activity, or whose license is expired, then his inspection reports will not have legal force.
This means that in court all the papers that he compiled will not be considered evidence; the court simply will not rely on them when making a decision in favor of the apartment owner.
Don't confuse terms
Moral damage is physical or moral suffering of a non-material nature to which the injured party is exposed as a result of the actions or inaction of the offender, and subject to compensation.
When making a decision, the court takes into account the degree of guilt of the offender and the amount of suffering experienced by the victim. Please note that, according to judicial practice, the suffering you experience as a result of moral damage has nothing to do with your property and material losses. In other words, if your neighbors flooded you and your favorite wallpaper was irretrievably destroyed, and you are very upset about it, this is not moral damage, no matter how worried you may be about it, it is damage to your property. But if a neighbor, whom you politely asked to turn off the water, rudely cursed your aunt, and she had a stroke, then this will be interpreted as moral damage. In some cases, material and moral damage are closely related. For example, if as a result of a flood in an apartment, property was damaged that directly affects the health of the residents: the medicines that the patient constantly takes became wet and became unusable, or as a result of a short circuit, the residents were forced to live in an unheated house for some time, as a result of which they caught a cold and got sick. Then we are talking not only about material, but also moral damage.
Is it possible to do it yourself
It would be impractical to conduct the assessment yourself. After all, you will not have any supporting documents in your hands where you have calculated the amount of damage.
But in order to prove in court not only the guilt of the defendant, but also the correctness of the calculated amount and its compliance with market parameters on the date of the incident, documents are needed from specialists who can confirm all this.
An expert assessment is necessary in the following cases when an apartment flood occurs:
- due to oversight and poor quality maintenance of the operational service;
- due to roof failure;
- negligence of neighbors living upstairs, directly above the damaged apartment;
- The owner himself is the culprit of the flooding, but in his opinion, the amount of damage is too great to independently eliminate all the consequences of the accident.
You should also not independently repair the damage caused by those responsible for flooding your apartment. Especially if you are expecting the arrival of an expert appraiser. If you cleaned up the leaks yourself, then the appraiser will have nothing to evaluate in order to calculate the amount of damages.
You can independently calculate the damage and eliminate traces of the “flood” when the owner has peacefully agreed on everything with the culprit and has already received the appropriate amount of money as compensation.
Note! In case of independent calculations of damage, the culprit should be presented with checks, sales receipts, invoices, receipts, and other payment documents reflecting the expenses that the owner of the apartment incurred during its repairs.
There may also be receipts or other documents for household appliances damaged as a result of the flood, and so on.
But then there is no need to call an appraiser; it is enough to call only a specialist from the company managing the residential building so that the fact of flooding of the apartment is recorded.
An expert appraiser is needed only when it is planned to resolve the issue of compensation for damage through a court, or the apartment is insured and you need to obtain insurance for damage.
Also, his services will be required when there are disputes between the parties to the incident - the victim and the culprit, or the victim and the HOA organization, or the culprit and the HOA organization.
Note! The culprit, and not just the injured apartment owner, can also call an expert appraiser to inspect the damage.
Advantages of this method
The agreement under consideration for compensation for damage by flooding an apartment is more profitable than filing a claim in court because it saves:
- The time it takes to consider an appeal to the court;
- Money for legal services, state fees, expert opinion.
It takes 2 months to consider a claim only in the first instance according to procedural legislation. There are also provisions for appeal and cassation, which is why the process can drag on for six months to a year or more.
The objection that all costs incurred will be passed on to the defendant is valid if the claim is successful. Otherwise, they will not be reimbursed. And the result of the consideration of the case is not obvious, especially when saving on legal services.
The law (clause 1 of Article 1064 of the Civil Code of the Russian Federation) establishes that those responsible for causing damage to the property of another person are obliged to compensate it in full.
In addition, the financial situation of a neighbor who has flooded an apartment may be precarious. The court makes a decision, the writ of execution is sent to the Federal Bailiff Service, which will not be able to execute it if the culprit does not officially work, and his property includes old office equipment and furniture.
We invite you to read: Fire from household appliances compensation for damage
How is it calculated
The damage is always calculated by an expert appraiser or a forensic expert; it is not recommended to carry out an independent calculation if you are going to go to court and file a claim against the culprit.
For calculations, of course, receipts, sales receipts and other documents that confirm that the owner of the apartment purchased this or that property damaged by flooding will be useful.
But people do not always save receipts, not all property has payment documents, and so on. For example, if part of the plaster, which was already applied by developers to the wall at the time of purchase of the apartment, was damaged, then the market prices of the finishing material and the labor intensity of the work required to apply it will have to be raised.
The procedure is quite lengthy; the experts themselves take at least 5-7 days. Therefore, independent calculation will lead to errors, oversights, or excess of any details.
We take into account the nuances
If it was not possible to reach a consensus immediately and you have to go to court, it is not necessary to wait for a verdict. The culprit can be persuaded to enter into a settlement agreement if the apartment is flooded. This is better than waiting for a court decision and the results of the bailiffs' work.
Features of the settlement agreement:
- Drawed up both during judicial and enforcement proceedings;
- Approved by the court considering a claim for compensation for damage due to flooding of an apartment.
We invite you to read: Transfer of common ownership of a land plot when purchasing an apartment
The culprit does not always cooperate immediately; he believes that it will not come to trial. Indeed, complying with all the requirements and correctly recording the damage is not easy. But a summons to court is a reason to think about it and meet the needs of your injured neighbor.
If the parties reach mutual agreement, they draw up and sign the specified document.
Who reimburses
If the party responsible for flooding the apartment does not object to compensation for the damage caused, then the amount of damage withdrawn by the appraiser is sent to the account of the apartment owner.
If there are objections or refusal to pay compensation, the owner of the damaged apartment has every right to sue the culprit.
Even when the culprit agrees to pay, but is not ready for such expenses, the owner of the flooded home also has the right to file a lawsuit demanding compensation for material damage.
Attached to the claim is a package of documents that were drawn up by TSJD specialists and an expert appraiser. These documents serve as confirmation of the fact of flooding and have sufficient, reasonable information about the amount of compensation for damage.
Moral
In addition to material damage, it is also possible to compensate for moral damage if, during the proceedings, insults against the victim were recorded from the culprit.
To do this, the lawsuit must be accompanied by some documentary evidence, evidence of a case of moral damage.
This could be eyewitness testimony, photo or video recording of the scandal, and so on. Compensation for moral damage is calculated and issued as an invoice for payment by the culprit, the judicial authority.
You can file a claim for such compensation at the same time as filing a claim for financial compensation for damage.
Compensation for damage in case of flooding of an apartment
Direct compensation for damage after water has entered the apartment and created a flood causing damage to property can occur through the following institutions:
- court;
- Insurance Company.
In the first case, they turn to the judicial authority when the apartment is not insured for the risk of flooding by neighbors.
In the second case, if you have an insurance policy that includes a risk similar to the incident.
In order to freely receive compensation for damage after flooding of an apartment, it is necessary to obtain documented confirmation of the following circumstances:
- date of flooding and time;
- cause;
- culprit;
- a list of property damaged as a result of flooding;
- amount of damage.
It is these details that the insurance company pays attention to, if the apartment is insured, or the court.
Due to the fault of the residents
When it turns out that the apartment was flooded by its residents themselves, then the damage can only be compensated after an inspection by an expert, an assessment and a court review of the income and expenses of the residents themselves.
In this situation, it is extremely important to find out whether the tenants really cannot pay for the repairs and restoration of their property and will need some financial assistance.
In case of a satisfactory outcome of the case, according to the court decision, the owner of the apartment will receive the amount of compensation at his own expense from the state budget.
But this rarely happens; most often people try to insure their apartments, so they receive compensation directly from the insurance company.
Due to the fault of the management company
The cause of flooding may be the unscrupulous fulfillment of its obligations to residents by the company itself that manages the housing stock. For example, if the roofs of houses were not repaired on time, then flooding of the upper apartments is inevitable.
When the management company is to blame for the flooding of an apartment, then it is necessary, first of all, to request an inspection report from it because in this case such companies often like to delay the preparation of the report or issuing it to the owner of the affected property. To draw up an act, a separate commission is needed, which will carry out its own check and create this document.
Pre-trial compensation for damage caused by flooding of an apartment
There is an opinion that the pre-trial procedure for resolving a dispute regarding compensation for damage caused by the gulf is mandatory.
In fact, this is not the case - it all depends on who is at fault for causing damage to your property.
It is not advisable to file a claim if the flooding was caused by your neighbors. In this case, it is enough to find out the position of the apartment owner from above (it is the apartment owner who is responsible for causing damage).
Go to your neighbors with a ready-made damage assessment report and find out if they are ready to compensate for the cost of repairs voluntarily, and if so, in what amount.
If neighbors are ready to compensate for damage voluntarily, it makes sense to record the agreement in writing by drawing up an appropriate agreement.
If from the conversation it became clear to you that you cannot count on a pre-trial resolution of the issue or the amount of compensation offered does not suit you, you can immediately go to court without wasting time on useless correspondence.
The situation is completely different when the management company is to blame for the flooding (Zhilkomservice, Management Company, Homeowners' Association, Housing Collective Collective, etc.)
In this case, your relationship with the management organization is regulated, among other things, by the law “On the Protection of Consumer Rights,” which obliges the consumer to file a claim for compensation in pre-trial proceedings.
In addition, most homeowners' associations, housing cooperatives and a number of management companies (for example, St. Petersburg State Unitary Enterprise REP "Stroitel", Management Company "MIR", Management Company "Profservice", etc.) pay compensation for damage on the basis of a claim.
If the management company places the blame on your neighbors or does not agree with the amount of damage, after 10 days from the date of filing the claim, you should go to court.
Refusal to satisfy a pre-trial claim for damages allows you, in court, in addition to the amount of damage and legal costs, to demand a fine in your favor in the amount of 50% of the total amount of claims satisfied by the court.
Arbitrage practice
If a judicial procedure is required, then all claims, lawsuits, etc. are filed on the basis of the Civil and Housing Codes of the Russian Federation. Government Decree No. 491 and Federal Law No. 135-FZ also play an important role, which regulates the activities of expert appraisers.
When filing a claim, be sure to have the results of the examination in hand, where the market value of the damage is indicated.
Often, the practice of court decisions in such cases always stands on the side of citizens, apartment owners who suffered a flooding incident.
Apartment flooding is a serious problem that can affect neighboring properties belonging to other neighbors. First of all, it is extremely important to first establish the cause of the flooding and identify the culprit.
Then contact the culprit himself with a demand to compensate for the damage. If it is not possible to reach an agreement peacefully, then it only makes sense to go to court with a claim to force the recovery of damages from the culprit.
To file a lawsuit, you must attach to the claim an act from the HOA (or other housing organization), as well as an expert assessment report, where the amount of damage has already been correctly calculated.
How to draw up a report on the flooding of an apartment, read the article: report on the flooding of an apartment. Utilities for legal entities are discussed here.
Find out the pros and cons of HOAs in this article.
Sample document
Preparing for trial includes collecting all the necessary documents that will be needed to prove the amount of damage caused. Therefore, the following is attached to the claim:
- Flooding Act.
- Expert assessment.
- Complaint against the housing office or management company, response from law enforcement agencies (if the issuance of an act was initially refused).
- Copies of licenses and certificates that confirm the legality of the examination.
- Photos and video materials, if filming was carried out to record traces of damage.
- A flood compensation agreement, if one was signed, but then the culprit refused to fulfill its obligations.
The first two documents have the greatest legal force. The act must contain information about the following:
- Date of incident and approximate time;
- Causes that supposedly led to the flood;
- Bay Culprit;
- Detailed description of damage to housing;
- List of damaged property.
That is, even before the expert’s assessment, a preliminary conclusion is made about the damage caused. Therefore, it is important that the report is drawn up as early as possible, while traces of damage are clearly visible.
The document is drawn up in free form in three copies: one remains with the housing office or management company, the other two are given to the victim and the culprit. Signed by all persons who were present during the inspection of the flooded apartment.
To order an examination you must provide:
- Customer's passport.
- Certificate of ownership of the apartment.
- Real estate passport (technical or cadastral).
- Bay Act.
Having received an expert assessment, copies of certificates and licenses to carry out work, you can proceed to drawing up a statement of claim. He needs to prepare a petition to request documents from the defendant that the housing he occupies belongs to him as a lease or property. Establishing the ownership of the apartment of the culprit is included in the subject of proof in the case of flooding of the apartment.
The provision of Chapter 12 of the Civil Code of the Russian Federation establishes the limitation period for a case of flooding an apartment at 3 years. This time is enough to go to court, but it can be used to settle the dispute with the perpetrators out of court.
As stated above, the document is drawn up in any form, but it is recommended to include certain points. They make the judge’s work easier; he finds the necessary provisions of the agreement faster. The document must contain:
- A title that indicates the content, for example, an agreement on compensation for property damage;
- Place and date of compilation.
- Parties (full names) who sign the document.
- Subject of the agreement. Enter the address where the incident occurred (city, street, house and apartment number), the name of the damaged items, if they are not included in a separate application.
- The amount of damage caused in national currency, the procedure for making payments and settlements.
- Rights and obligations of the parties.
- Responsibility of the parties.
- Settlement of disputes.
We suggest you read: Can a child participate in the privatization of an apartment?
At the end, the passport details of the signatories with their residential address are indicated. This procedure will allow the parties to include specific, unambiguous conditions for the fulfillment of obligations and their volumes.
This is the recommended structure for this document.
