DIY

Rules of conduct in case of flooding of the apartment. Dangerous situations in the home and rules for action Flooding of the home causes and actions

Most often, flooding begins in the bathroom or in the kitchen, it even happens in the attic and basement.

In our home, it can happen for various reasons. Here are the most common ones:

  • malfunction (failure) of taps, frivolous attitude of residents to water leakage;
  • washing machine breakdowns
  • inattention (forgot to turn off the tap);
  • clogging of the sewer system;
  • failure of the heating system, pipeline;
  • leaking roof, ceiling during heavy rains;
  • flooding resulting from heavy rains or during the spring flood of rivers and snowmelt.

What should be done in case of technical accidents?

  • First of all, try to turn off the tap or shut off the water supply. If you can't do it yourself, ask an adult to help you.
  • Report the incident to your parents or neighbors. When they are not at home, then the dispatcher of the managing organization.
  • Warn the neighbors downstairs.
  • Place basins, pots and buckets in places of leaks, collect water from the floor in them with a rag. This way you can protect the neighbors from below from flooding.
  • If water is running down the walls or dripping from the ceiling, turn off the electricity.
  • In case of severe flooding (flooding) of the entire floor or house, it is better to leave it without using the elevator and taking the necessary things and documents with you. Walls and ceilings may collapse.

To prevent flooding in the apartment through your fault, follow these simple rules:

  • do not leave the water flowing from the tap unattended;
  • before leaving the house, check that the taps are turned off, especially on those days when the water in the whole house is turned off;
  • do not play, do not jump, do not swing on radiators and heating pipes;
  • do not clog the bath, sink and sewer system;
  • When leaving home, do not leave windows open. Heavy rain can flood the premises. Apartments on the top floors of buildings are especially vulnerable.

Questions

  1. What can cause residential flooding? Name at least 5 reasons.
  2. What needs to be done if you are alone at home, and water is flowing along the walls, chandelier and ceiling?
  3. How should you behave so that your house or apartment is not flooded through your fault?

Tasks

  1. List reasons why you should conserve water.
  2. Using additional literature, find information about a natural disaster - a flood. Do It short message. The plan will help you:
    • What is a flood. What natural phenomena can cause flooding?
    • How dangerous is flooding?
    • What Services Provide Flood Assistance?
    • Is it possible to foresee flooding and prevent its destructive effect.
    • An example of a flood described in fiction.

Conflicts between neighbors apartment building arise from different reasons. The most common motive for disputes is the flooding of the apartment and the valuables in it. But the flooding of the apartment can also occur due to the fault of the management company or the negligence of the owner himself. In this article, we will cover all the nuances of this topic and tell you what to do in a similar situation.

Reasons for flooding the apartment

Flooding of an apartment, as noted above, causes a limited range of causes. The main one is the inattention of the residents. An open faucet in the apartment above or, for example, a clogged sink can lead to flooding. Breakdowns of the toilet bowl, leaks of a washing machine or dishwasher, breaks in sewer pipes, battery malfunctions, and violation of the tightness of the joints are not ruled out. If all these problems appear, the ceiling and walls, along with furniture and other property, will certainly get wet at the neighbor from below.

Worst of all things are when the troubles are associated with plumbing or heating pipes. Here, self-repair of the pipe is possible only if the breakdown was minor. This requires access to the pipeline, which is not always realistic. There were cases when the pipe broke through during the absence of the owners in the apartment. The only way out was to block the water supply riser.

Note that it is the management company (MC) or another enterprise servicing the MKD that is responsible for the condition of the pipes at the facility. The responsibility of the organization must necessarily include control over the state of communications.

Flooding of the apartment by neighbors

How does the owner of housing in the MKD react in case of flooding? Usually panicked. However, it is essential to remain calm. Actions during the flooding of the apartment, their literacy and efficiency become important. It is necessary to stop the bay as soon as possible and record the fact that damage has been caused.

What should the owner do to stop the flooding of the apartment?

  • Climb up to the owners of housing from above and report what happened. If the neighbors are in place, the bay can be stopped.
  • If there are no apartment owners in the house, it is necessary to turn off the water supply at the entrance, the keys to which are kept by the management company or the HOA.
  • Call the Criminal Code or the HOA so that representatives of the organization come and draw up an act of flooding.
  • Hide property under the oilcloth, move and cover furniture, place basins or buckets in those places where water flows from above. Wipe off the water.

Flooding of an apartment is an unpleasant incident, the consequences of which often become very serious. The culprit of the flooding of the apartment is obliged to compensate the financial losses to the injured party. Persons who have suffered damage during the flooding of the apartment should contact their neighbors with a personal appeal or send a claim in writing. In addition, it is necessary to bill the guilty for the upcoming repairs after the flooding of the apartment, justifying the amount indicated in it.

Usually, the neighbors who allowed the flooding of the apartment agree to resolve the issue amicably. Note that when resolving the issue in court, the party that caused damage when the apartment was flooded not only compensates for the losses associated with the bay, but also bears the costs, for example, for an examination.

After the injured persons have received compensation, they draw up a receipt that the money has been received from the perpetrators, and the claim for flooding the apartment has been exhausted. If the guilty party refuses to compensate for the damage peacefully, the owners of the damaged property can go to court, and the flooding of the apartment will be considered at the legislative level.

Flooding of the apartment due to the fault of the management company

As we said earlier, the management company may also be guilty of flooding the apartment. Bays often occur for reasons such as:

  • breakthrough in the sewer system;
  • defects in the roof;
  • pipeline breaks.

In any case, the first thing the owner should do in case of flooding of the apartment is to turn off the electricity. Next, he should make sure that the bay is caused precisely by malfunctions in engineering systems (for example, a pipe break), and not by malfunctions in washing machine or the forgetfulness of other tenants who made a mistake.

It is very important to identify whether the damage was caused through the fault of the Criminal Code. Only an expert can make an appropriate conclusion. If the situation is considered by the court, the flooding of the apartment will be assessed by an expert, and only the opinion of a competent specialist will be taken into account. With regard to the statement of the injured party itself, the judicial authority will most likely not consider it to be conclusive evidence.

What should the owner do if the apartment flooded

Stage 1. Drawing up an act.

Flooding of an apartment is a circumstance that must be recorded in the documents. This should be done by all means, even if the guilty party does not deny the fact of the bay due to its negligence and does not argue with the fact that it bears compensation for damage when the apartment is flooded. It is always worth remembering that in the future the perpetrators may retract their words to compensate for the losses. If the gulf act is not properly executed, it is more likely that you will not be able to prove your case.

It is necessary to draw up an act on the bay (leakage, flooding) of the apartment in the shortest possible time. Ideally - immediately after the flooding of the apartment.

So, how to draw up an act of flooding an apartment? Its form is free. When compiling the document, there is a commission, which includes:

  • the owner of the flooded apartment or his authorized representative;
  • the owner or owner (for example, a tenant) of housing, through whose fault someone else's apartment was flooded;
  • representatives of the management company (for example, housing cooperatives, HOAs or housing departments, DEZ, etc.). The presence of the chairman of the given MA and a technical specialist is preferable.

The act of flooding a dwelling should include information about three important points.

1. The fact of flooding and property damage.

The document prescribes exactly where the leak occurred, the extent of flooding, as well as the type of damage during the bay:

  • damaged whitewashing or painting on the ceiling, malfunctions, defects on the tension or suspension structure (dimensions must be indicated in m2);
  • damaged coatings on walls, wallpaper, paint (the extent of damage is also indicated in m2);
  • detailed list damaged valuables (furniture, household appliances, etc.). Here it is necessary to indicate the distinguishing features of the broken property, for example, the manufacturer of the TV, microwave oven etc.

If possible, enter in the act information about how the property is damaged.

2. Cause of flooding.

It is necessary to describe what specifically caused the flooding of the apartment. Here are typical examples:

  • homeowners above the apartment left the sink or bath unattended;
  • a heating riser (sewer riser or hot water or cold water riser) was leaking into the dwelling above the apartment;
  • the roof leaked.

3. Causal relationship between the identified cause of flooding and the damage caused.

It is necessary to enter information in the act that the property in the apartment was damaged precisely because of flooding. The document must be signed by all members of the commission. If any participant refuses to sign the act, make a note about it. The act is stamped by the Criminal Code, in the statement of which this MKD is located.

Stage 2. Determination of the guilty.

So, the act on the bay of the dwelling has been drawn up. Now it remains to be seen whose fault the apartment was flooded. It can be difficult to determine this. But in the provisions of Part 1 of Art. 290 of the Civil Code of the Russian Federation, part 1 of Art. 36 of the Housing Code of the Russian Federation and Section I of the Rules for the maintenance of common property in the MKD (approved by Decree of the Government of the Russian Federation of August 13, 2006 N 491) reflects the scheme for identifying the perpetrators of such incidents.

  1. Responsible for cold water and hot water risers to the first shut-off device or shut-off and control valve located on the outlets (branches) from the risers in the apartment (including these devices and taps), is the Criminal Code, which is in charge of the MKD. It can also be DEZ, ZhSK, ZhEU and other UO.
  2. Responsible for everything in the home or connected to it after the designated equipment (switch-off device or shut-off valve) is the owner of the apartment. Thus, the homeowner is responsible for all wiring, plumbing, etc.
  3. Responsible for the heating system which includes risers and heating elements (heating radiators), control and shut-off valves and other equipment on these networks, is the Criminal Code. For example, the Federal Antimonopoly Service of the Urals District, in its Decree dated May 24, 2007, in case N Ф09-3841 / 07-С1, confirmed that the common property includes a radiator, a heating riser and a heated towel rail. It followed from this that the management company should maintain, maintain, operate and repair this property. That is, the owner of housing in the MKD is not responsible, for example, for the fact that the heating radiator is leaking. Moreover, this element is located on the territory of his apartment. As an exception, we can mention cases of repair or replacement of elements in the heating system, which were carried out directly by the owner. In these cases, he is responsible for the quality of the repaired or replaced parts. Therefore, either the owner of the premises from where the bay originated, or the Criminal Code will be responsible for the flooding of the apartment located below. It all depends on who is in charge of the broken part that caused the flood.

Stage 3. Presentation of requirements.

There are two options here.

  1. The injured person and the owner of the apartment from which the flood occurred personally agreed on the amount of compensation. The culprit does not refuse to pay damages when the apartment is flooded. In this case, the injured party must document the agreement. You can draw up an act and indicate that the person responsible for flooding the apartment does not deny the fact of flooding, agrees to voluntarily compensate for the damage, and also prescribe the amount of damage, the scheme and the period for paying compensation.
  2. The guilty party refuses to compensate for the damage voluntarily or does not agree with the amount of compensation. The owner of a flooded apartment should take care to involve a specialized expert organization in order to determine the amount of damage and prepare materials for filing a lawsuit in court. Flooding of the apartment will be considered in this case by experienced lawyers.

Independent expertise after the flooding of the apartment

In the course of an independent examination, an assessment of the apartment is made after the flooding, officially recorded and confirmed. The expert is provided with the following information:

  • how much damage was caused by flooding the apartment;
  • How much will the restoration work cost?

Experts always draw up conclusions in the form of documentation, on which seals are affixed, there are signatures of professionals whose duties include assessing the flooding of an apartment, and annexes to it.

Institutions in whose competence the expertise in case of flooding of an apartment and the assessment of the amount of damage must be members of the SRO and (or) have licenses to conduct activities of this kind. Before ordering a service, be sure to check whether the organization has all the permits.

The form of the contract with the expert appraisal organization is simple, written. When drawing up a document, it is very important to strictly comply with the current norms of the Civil Code of the Russian Federation. According to the terms of the transaction, both the contractor and the customer are endowed with certain rights and obligations that must be followed when interacting.

The conclusion of the contract may take place on the territory of the office of the expert appraisal company or the facility of the person who ordered the service. The parties agree on the amount of payment to the expert in advance.

Below are the circumstances on which the price for an independent assessment depends.

  • The number of filled rooms.

With any expert assessment, prices depend primarily on the footage of the premises and the number of objects to be inspected. This is quite logical: the cost of the assessment is directly proportional to the time spent by the expert, the number of various measurements and calculations. At the same time, in most organizations, the price of services depends not only on the number of flooded objects, but also on the level of their damage.

  • The value of the damaged property.

The price of damaged property also affects the cost of an expert assessment. The specialist calculates the amount of damage, using special formulas for this, based on the market value. The final price consists of such components as:

  • damaged technical elements of the apartment (walls, windows, openings);
  • damage to property (furniture, appliances).
  • Location of the apartment.

The price of an independent examination depends on the influence and location of the housing. This is due to the fact that the cost includes payment to the team for arriving at the facility. That is, if the appraisal company is located far from the flooded apartment, the cost of services will be higher, and vice versa.

An examination during the flooding of an apartment assumes that the profile organization has such documents as:

  • act of inspection of housing, which was carried out by specialists of the Criminal Code;
  • title documentation (we are talking about a certificate of ownership and other civil law documentation: a donation agreement, rental housing, etc.);
  • technical documents (this includes a floor plan, an explication of housing and a cadastral passport).

As a rule, it is possible to collect this documentation in as soon as possible. The collection can be carried out during the period that is needed for a detailed study of the consequences of flooding.

This is followed by a trip to the territory of the flooded dwelling, where the expert examines the area using special devices - levels (when door and window openings are skewed), magnifiers, magnifying glasses. All this is necessary to carefully examine the damp walls, wallpaper and plaster. Works can be carried out in the presence of the person(s) through whose fault the apartment was flooded. In total, the examination of the flooding of the apartment takes from one to two days.

When determining the amount of compensation for damage caused by flooding an apartment, the actual damage to the technical elements of housing is taken into account and the price for restoring the area is added to this. All this is done by a professional appraiser, who, as a rule, has a higher legal, technical or economic education.

Upon completion of the work, the appraiser of the flooding of the apartment provides a reporting document, which displays information about the position of real estate on the market in a certain region. The report also details all hidden and visible damage to the dwelling. They also indicate the market value of valuables that have deteriorated due to flooding.

The document provides for a separate part - an estimate, where the amount for reconstruction is calculated. The estimate includes the price of:

  • materials;
  • delivery of building materials;
  • decoration of the apartment.

Among other things, the act should also state the reasons that caused the flooding of the apartment, and a competent justification for the foregoing. Together with the expert opinion, they provide:

  • copies of title documents;
  • a certified copy of the license;
  • photo table of all damages.

The person, through whose fault the apartment was flooded, is notified of the results of the expert assessment, if the injured party so desires. Both verbal and written notification is allowed. On the recommendation of lawyers, it is preferable to send a copy of the expert assessment to the person responsible for the flood by registered mail with notice.

It is not uncommon for both victims and victims to be dissatisfied with the results of an independent assessment. In such cases, it is forensic examination when the apartment is flooded.

Expert opinion

How to check estimates of appraisers

E.V. Shestakova,

candidate of legal sciences, CEO Actual Management LLC

When evaluating budget documents, its analysis is very important. In particular, you need to focus on the following points:

  • what works are mentioned in the estimate documentation;
  • the size of the defects taken as the basis for the calculations;
  • salary level taken as a basis for calculations;
  • the price of finishing materials.

The works mentioned in the estimate documentation often do not correspond to the nature of the damage caused, on the basis of an act drawn up by the parties after the flooding.

Example. The act indicates that after the flooding of the apartment, it is necessary to repair the walls and ceiling in the bathroom. The estimate compiled by the affected persons contains information about the repair of walls, ceiling and floor in this room, as well as reconstruction in the toilet (we are talking about a separate bathroom). In such a controversial situation, additional expertise is needed when flooding an apartment. Another option is to have an expert confirm that the floors are not damaged.

The estimate may also display an inflated amount that is required for finishing. Important here is the technology of the intended finish. For example, you need to paint the ceiling over its entire surface, and not just in the place of flooding. If we are talking about the repair of parquet, you can get by with a partial reconstruction. It is the appraiser of the flooding of the apartment that determines the extent of the proposed repair, determines whether partial, rather than complete, finishing is possible.

Next, one should take into account the salary level regulated by the Ministry of Construction of the Russian Federation and assess the correctness of the choice of indicators of income and administrative expenses. When calculating overhead costs, it is necessary to check the numerical parameters for the application of reducing factors.

It is also necessary to check the multiplying factors that take into account the labor costs for repairs after the flooding of the apartment, the complexity of the finish or the influence of conditions on its implementation.

So, the estimate has been studied, and inaccuracies have been identified in it. What to do?

  • send claims to a specialized company that evaluated the object or carried out expert work on it;
  • send a claim to the injured party with an updated estimate;
  • send a claim to a self-regulatory organization, asking for an objective assessment of the damage caused by flooding an apartment;
  • point out inaccuracies to affected persons and settle the dispute by agreement.

The responsibility of the self-regulatory organization will include an independent assessment based on the complaint. Such a measure is provided for in Article 24.3 F3 of July 29, 1998 No. 135-FZ “On Appraisal Activities in the Russian Federation”.

Where to file a claim for flooding an apartment

If the perpetrator of the flooding of the apartment refuses to pay the full amount of damage or evades it, the owner of the flooded apartment has the right to apply to the court.

In order to file an application with the court (flooding of an apartment is a fairly common reason for applying), an act of housing inspection is often required. To determine the amount of compensation, you can resort to an independent assessment indicating the amounts needed to repair work. Finances spent on the services of other persons for reconstruction are losses, and they also need to be reimbursed. All finances indicated are the price of the claim. They are claims.

If the defendant caused moral damage (physical and moral suffering), this must also be mentioned in the application and demand compensation for the damage, on the basis of Art. 151 of the Civil Code of the Russian Federation.

The claim is filed with the magistrate (if its value does not exceed 50 thousand rubles) or with the district court at the place of residence of the defendant. The calculation of the state fee is carried out on the basis of the cost of the statement of claim. The document must be accompanied by an inspection report, receipts confirming the purchase of building materials, work contracts (where payment is confirmed) and the provision of services on a reimbursable basis. Also, all financial documentation confirming the amount of damage is attached to the document.

Flooding of an apartment: judicial practice depending on 3 circumstances

Not only the consequences of flooding the apartment are difficult, but also the litigation that arises as a result. Consider the judicial practice of flooding an apartment, depending on the circumstances of the incident.

  • The fault of the other owner.

Based on Art. 1064 of the Civil Code of the Russian Federation, if a person has caused harm to another citizen or his property or caused damage to the property of a legal entity, he is obliged to fully compensate him. If a person provides evidence that the harm was caused through no fault of his, then, in accordance with the legislation of the Russian Federation, he is released from obligations.

Example: from the testimony of witness T.N. it was possible to establish that he was carrying out his professional activity in OOO Zhilkomservis No. 3 of the Moskovsky District. In connection with the performance of work duties, T.N. was called to draw up an act two days after the discovery of a leak.

Wet footprints were found in C.I.’s apartment, and power outages were observed in the kitchen and corridor. In K. V. A.'s apartment, the witness noticed a broken filter near the cut-off device. Destruction of the coarse filter caused leakage. The filter itself was located after the first disconnecting device on a branch from the riser.

On the basis of the foregoing, it was possible to make a legitimate conclusion that it is necessary for the plaintiff to be responsible for the damage caused by K. V. A., since it is he who is the owner of the apartment (Article 209 of the Civil Code of the Russian Federation).

The common property is the in-house engineering systems of hot water supply, cold water supply and gas supply. These systems contain risers, collective meters for accounting for hot water and cold water, the first shut-off and control valves on the outlets of the intra-apartment wiring from the risers, as well as mechanical, electrical, sanitary and other equipment.

  • The fault of the organization managing the MKD.

In the decision of the Federal Antimonopoly Service of the Volga-Vyatka District dated April 9, 2012 in case No. A43-29905 / 2010, the court expressed its position regarding the proceedings with the HOA. In accordance with the court decision, the homeowners' association had to pay a fine, since the organization's guilt was proven.

The essence of the dispute. The pipeline as part of the common property broke through, which led to the flooding of the apartment. When the injured party presented evidence of the HOA's guilt, the organization was ordered to pay damages. An act was drawn up dated August 20, 2010, where it was indicated that the apartment belonging to the injured party had been flooded, and its property had deteriorated. The act of flooding the apartment was drawn up with the participation of the chairman of the HOA, who did not dispute the fact of flooding and damage to property.

The amount of financial losses was established by the expert organization in the conclusions of 08.11.2010 No. 7709 and of 10.11.2010 No. 7709/1 drawn up by a professional appraiser, and the defendant did not appeal against their amount. Based on paragraph 4 of Art. 138 of the Housing Code of the Russian Federation, the responsibilities of a homeowners association include maintaining common house property in proper sanitary and technical condition. Common property also includes engineering systems for hot water and cold water inside the house (clause 5 of Rules No. 491).

The act of August 20, 2010, at the execution of which was attended by an authorized representative of the HOA, contained information that the flooding of the apartment and damage to the valuables that were in it at the time of the bay were due to a pipeline break in the MKD. All things considered, the homeowners' association did not manage the common property well enough.

The Arbitration Court of the Volga District dated 09/03/2014 in case No. A12-29520/2013 also took the side of the plaintiff, and not the HOA. The court ruled that the flooding of the object in the basement of the MKD was proved. At the same time, the homeowners association is obliged to maintain engineering networks in good condition, to take care of their technical serviceability. According to the rules for maintaining common property in MKD, which were approved by Decree of the Government of the Russian Federation of August 13, 2006 No. 491, common property must be maintained in accordance with the requirements of the law of the Russian Federation.

On the basis of paragraph 42 of the designated Rules, the Criminal Code and citizens providing services and carrying out a number of works within the framework of the direct management of MKD are liable to apartment owners for violation of their direct duties. These persons and managing organizations must maintain common house property in good condition on the basis of the law of the Russian Federation and the contract for the management of MKD.

The court determined the price for the restoration work based on an independent expert's report. The amount was 114,955 rubles. Evidence in favor of the fact that the HOA carried out all the work prescribed in the regulations, incl. each month inspected and checked the drainage systems, identified and replaced emergency pipe sections, was not provided.

  • The fault of the resource supplying organization.

Flooding of an apartment can also occur through the fault of the RSO (resource supply organization). In the course of its operation, the occurrence of technical malfunctions and, as a result, pressure or voltage surges that cause malfunctions in the operation of pumps, etc., cannot be ruled out.

A similar incident occurred in the Tyumen region. The FAS substantiated its position in the decision of the FAS of the West Siberian District dated December 2, 2013 in case No. A70-12156/2012. Individual entrepreneurs M. V. B. and T. S. V. filed a lawsuit (subject to clarification) with the Tyumen Court against the HOA and OOO Tyumen Vodokanal.

The cause of the proceedings was the bay of non-residential facilities. In the premises after the flooding, an independent examination was carried out, thanks to which it was possible to determine the market price for the work and services of restoration work (the premises were flooded with sewage). The price was 245,770 rubles.

When deciding on the case, the court of first instance, relying on Rule No. 167 in relation to the terms of the contract dated 05.29.12 No. 00324/477, took into account that Tyumen Vodokanal did not dispute the fact that the sewer was part of its sewer network. The court noted: there is no evidence in favor of the fact that third parties are indirectly or directly guilty in the bay of the premises.

The materials in the case confirmed that the damage had indeed been caused, and the amount of compensation was established. The courts noted that the bay on July 7, 2012 occurred due to a malfunction of the collector, on the basis of which the claims made by the plaintiff must be satisfied in full (Article 15, 1064 of the Civil Code of the Russian Federation).

  • Third party fault.

The latter is responsible for the property that is not common to the house and that is maintained by the city administration. The HOA, UK, ZHSK, HOA have the right to recover monetary compensation from the administration or demand repairs from it, for example, drainage wells, due to the malfunction of which flooding occurred.

Here is a case, the results of which are reflected in the decision of the FAS of the Far Eastern District of February 11, 2013 No. F03-6549 / 2012 in case No. A51-13812 / 2012. The Dawn Homeowners Association filed a lawsuit with the Primorsky Territory Arbitration Court. In a statement, the HOA asked to oblige the administration of Vladivostok to repair the drainage wells of the storm sewer and the sidewalk in the area from the corner from the entrance to entrance No. 4 to the entrance to entrance No. 3 of the Moscow Ring Road.

On the territory of the land plot adjacent to the MKD from the corner from the entrance to entrance No. 4 to the entrance to entrance No. 3 of the MKD, the asphalt on the sidewalk was damaged. The storm sewer system did not work. All this led to the flooding of the basement in a residential building during the rainy season, the foundation of the building collapsed, the pipelines of the thermal route corroded, and pedestrians could not walk on the sidewalk.

The city administration owned the storm sewers and the sidewalk, which means they were obliged to repair the storm sewers. Given this circumstance, the court satisfied the claim and ordered the administration to repair the drainage wells. Letters from the prosecutor's office were used as evidence in this case.

  • The culprit has not been identified.

Often, even experts find it difficult to answer whose fault the apartment was flooded. HOA "Maslennikova-80" filed a lawsuit about flooding land plot in the yard. The construction of a new residential facility led to the fact that rain and melt water began to be diverted into the courtyard. This violated the rights and legitimate interests of property owners.

Note that the court failed to determine who is to blame in this case. In the decision of the Arbitration Court of the West Siberian District dated January 29, 2015 No. F04-5295 / 2012 in case No. A46-16449 / 2011, it is indicated that the topic needed to be considered again, since the expert organization was not initially asked questions about the fact of flooding, which led to a deterioration in the condition of the land plot in the HOA, and the reasons for the flooding of the plot adjacent to the neighboring house.

Future flood insurance

Apartment fire and flood insurance is a measure that not many people take today. This can be explained by the fact that a relatively small percentage of owners are worried that something might happen to their property. To be more precise, according to statistics, theft, flooding and destruction happen quite rarely. However, no one is insured against emergencies, and if the apartment is not insured, the owner risks losing a lot. Flooding of an apartment by neighbors from above or a flood of housing from below are common cases. To protect yourself, sometimes it is useful to think seriously about insurance.

The owner himself decides when and in what order to insure the apartment. You can give preference to a general home insurance policy, which will include certain risks, including flooding of the apartment, or an insurance package that provides only this specific service.

If the owner of the apartment decided to insure real estate, first of all he should decide on the insurance company. It is important to take into account not only favorable conditions for insurance premiums. It is necessary to pay attention to how long the company has been operating, what reputation it has, how reliable it is. After discussing the terms of cooperation, the insurance company and the owner of the apartment conclude an agreement for insurance of the apartment against fire and flooding.

All points in the contract need to be paid attention to, and not just put a signature on the document. The information written in it directly affects whether the owner, as the insured, will receive monetary compensation in case of property damage.

When concluding an insurance contract, it is important to focus on all risks without exception. Each one needs to be written down. Flooding of an apartment is a situation that arises due to a number of circumstances, and if any is not mentioned in the contract, you can not count on insurance compensation.

Residential premises can be insured both in full and in part. With partial insurance, we are talking about such structural elements and parts of the apartment as:

  • Furniture and interior items are insured if they are exclusive, designer, expensive, made of natural elite materials.
  • Expensive equipment and household appliances.
  • Complete decoration of the premises. We are talking about expensive repairs in the apartment.
  • Construction, walls, support. This is rational if the property is located in an area where earthquakes and internal faults in the ground can occur.

If the owner insures the apartment against flooding, he needs to think about including repairs in the contract. It is no secret that absolutely all surfaces in the room deteriorate from exposure to water and need to be restored. If the flooding of the apartment occurred due to the bay from above, the ceiling, the floor, and the walls deteriorate. It is possible that furniture and household appliances will also have to be changed. It would be reasonable to include repairs in the contract if the reconstruction was recently completed, and the furniture in the apartment is new and of high quality. If the document says about compensation for material damage in case of damage to furniture and equipment, when the apartment is flooded, not only damage to the finish will be compensated. Note that the impact of water can cause damage to various engineering communications in the walls. Compensation for damages of this kind should also be prescribed in the contract.

The order of payments should be indicated as detailed as possible. If this is not done, the occurrence of insured events will be regarded differently by the company. These events will not be considered insured as certain conditions have not been met.

When drawing up a contract for apartment fire and flood insurance, you should definitely pay attention to the restrictions on cash payments imposed by various insurance companies. We are talking about the so-called conditional and unconditional franchise.

Conditional franchise not subtractable. A specific amount is set, and if the amount of payments determined after the insured situation turns out to be lower than it, the insurance company does not issue any compensation. The insurer repairs damaged property at his own expense. In case of exceeding the amount of the insurance payment of the deductible, the insurer is compensated for everything to the last ruble.

Unconditional franchise implies that regardless of the amount of damage caused, the company issues all funds to the insurer. It does not matter if this amount exceeds the resulting costs or not.

Not only the apartment can be insured, but also civil liability. The responsibility of the owner of the property to the owners of the apartments from below is insured against the bay. Everyone can face an open or broken faucet, a break in communications, breakdown of plumbing and washing machine. In such cases, not only apartment owners face troubles, but also their neighbors. With liability insurance, it is quite possible to free yourself from the cost of repairs after the neighbors' apartment is flooded. The insurer will bear all costs.

But in this case there is one important point- the owner of the apartment or persons living with him, and not the managing organization, which did not repair communications in a timely manner, or force majeure, should be guilty of flooding the neighbors' real estate. Of course, taking into account the fact that the guilty person is the insured, insurance premiums for such a policy are issued in a rather low amount. However, this is still better than repairing the neighbors' apartment and restoring damaged equipment, along with furniture, at your own expense.

Insurance companies today offer a variety of insurance options with all sorts of functions. There are two main packages:

  1. Express insurance. Considered comfortable and very fast way. All the insurer needs to do is just visit the office of the insurance organization and conclude a contract. Real estate appraisal, agent departure and other formalities are not needed. It is possible to indicate any amount, even if it exceeds the price of housing as a whole, however, taking into account the maximum limit set by the company. But in this case, everything is determined by the insurance premium that the owner of the apartment is willing to pay. The higher it is, the larger size premiums.

The method causes certain inconveniences. In particular, the owner of the apartment needs to keep all receipts, checks and documents so that in the future he can prove the presence of equipment, household appliances, repairs in the apartment by presenting these papers. Note also that some companies may be limited.

  1. Classic insurance option. The insured submits an application to the organization, and on its basis, the agent goes to the site to inspect and evaluate the property. The inventory displays not only a list of valuables in the apartment, but also the materials from which they are made, the year of production and other significant facts. Of course, classic apartment flood insurance takes longer than express insurance, but it also has quite a few advantages. For example, the owner of the property does not need to keep checks and other documentation in the event of an insurance situation. All you need to do is just contact the insurance company, presenting the contract and a certificate of ownership. In addition, the sum for insurance classic version in some cases there are no restrictions.

A number of insurance organizations create standard packages. For example, a standard package already contains a certain cost, sum insured, payments, insurance items. Flooding of an apartment is an insurance situation included, as a rule, in all packages. Initially, it seems that such offers are very profitable, but you should always get acquainted with the conditions in detail. Insurance companies often include completely unnecessary types of insurance, for example, from floods or floods. At the same time, such natural disasters in this area are excluded.

The cost of insuring an apartment against fire and flooding depends on a number of parameters: risks, objects of insurance and their prices, terms of the contract. The price is also significantly reduced with counter insurance, in which neighbors insure their property and liability to each other.

Expert opinion

What to do if the insured apartment is flooded

E.V. Shestakova,

cand. legal Sci., General Director of Actual Management LLC

The situation in which the property is insured is the most favorable for all sides of the bay or other insured event, since here it is the insurance company that must compensate for the damage when the apartment is flooded. For a citizen who caused damage or was guilty of it, insurance compensation may eventually turn into a counterclaim from the insurance company.

The insurer that has paid the insurance indemnity shall, within the limits of the amount paid, transfer the right of claim that the insured (beneficiary) has against the person responsible for the expenses reimbursed through insurance. In this case, the contract may say about other conditions under Art. 965 of the Civil Code of the Russian Federation.

Example. In the decision of the Arbitration Court of the Volga-Vyatka District dated 10/13/2014 in case No. A17-5343/2013, the insurance company filed a claim with the court demanding compensation for damage in the form of subrogation in the amount of 38,899 rubles 47 kopecks. As a result, the insurance company was unable to fully present evidence in favor of the guilt of the HOA.

According to part 1 of Art. 161 of the Housing Code of the Russian Federation, within the framework of the management of the MKD, the HOA is obliged to take care of maintaining the common property in good condition. Accordingly, if the fact of negligent performance of duties by the HOA is proved, it is this organization that will be guilty of unforeseen situations.

The judicial authorities have reasonably concluded that it is not clear from the case materials for what reason the flooding occurred. There were no documents in the file showing that during the flooding of the insured housing, its owners called an HOA employee or turned to emergency service specialists with a request to eliminate the causes of the flood. There was no information about blackouts on the common property and the repairs performed. There was also no evidence in favor of the fact that the apartment indicated in the case was inspected, and the representative of the defendant was invited to jointly inspect the damaged valuables with the representative of the plaintiff.

In the decision of the Federal Antimonopoly Service of the Volga District dated August 22, 2012 in case No. A65-23915 / 2011, the HOA was not found guilty. The court found that the insured arbitrarily mounted the radiator, which caused the bay.

A claim to the court demanding compensation for harm can only be satisfied if all the elements of the case can be proved. That is, what should be done if the owner was guilty of flooding the insured apartment? When submitting claims in the order of subrogation, it is important for the HOA to present evidence of innocence.

| Schedule for the academic year | Flooding of the apartment

Fundamentals of life safety
5th grade

Lesson 5
Flooding of the apartment

We are used to the fact that it is enough to open a tap and water will flow. But if an accident occurs, the flow of water falls on the floor of the dwelling, flooding the lower floors. As a result, property deteriorates, a short circuit occurs in the electrical wiring, and wet plaster collapses.

Water, as a rule, flows through pipes to several points in the apartment: to the bathroom, to the kitchen, to the toilet. In each of these places there are shut-off devices: taps, mixers, a float valve in the drain tank. The real owner always keeps the plumbing in order and repairs it on time. Those who do not do so may be at risk of flooding.

What can cause flooding?

Locking devices malfunction. This happens mainly when the faucets, faucets in the bathroom and in the kitchen are poorly repaired, the operation of the float valve in the toilet is not properly adjusted.

Carelessness. Imagine that you have turned on the faucet, but no water comes out. Apparently it's been turned off. If you leave home without making sure all the taps are closed, water can cause a lot of trouble while you are away.

Plumbing emergency. The causes of flooding do not always depend on us. When moving into new house the owners usually do not check how the water is supplied. In some place, a bad pipe connection may go unnoticed. In this case, the water flow can be very strong. The same thing can happen when a home undergoes an annual strength test of the plumbing and heating systems. This is especially dangerous when it comes to heating: the apartment is quickly filled with steam, which destroys wall coverings and floors, and easily penetrates to neighbors. In addition, steam can cause burns. Do not forget that the pipes that supply water, although slowly, wear out. They are covered from the inside with salts and rust, which can lead to the formation of a fistula - a small hole, which, due to the high pressure of water, quickly increases.

Clogging of the sewerage system (especially dangerous on the lower floors). Water is not only supplied to the house, but also removed from it, removing waste through the sewer system. Its clogging is most dangerous on the lower floors of multi-storey buildings: it can lead to flooding of basements and first floors. This happens when foreign objects (rags, thick paper) enter the sewer system, and waste from vegetables, fruits and other food products enter the sink. Especially often sewage clogging occurs where a person does not feel like a master: in schools, hotels, train stations. Don't forget about it and be the master wherever you have to be!

Roof leaks (this is especially important for those living on the upper floors). Basically, the occurrence of such situations depends on the quality of construction and timely repairs, but it can also be caused by unusually heavy rainfall for a particular area.

How to behave to avoid flooding:

■ Do not throw foreign objects into the sewer system;
■ do not clog the sink with food waste]
■ when leaving home, do not leave a clogged sink;
■ When leaving home, check that all taps are closed and that there are no leaks in the pipes.

QUESTIONS AND TASKS

1. For what reasons does flooding occur most often in an apartment?
2. How to protect yourself from flooding?
3. What should be done in case of flooding?
4. Ask your parents to show you where the cold and hot water shut-off valves are located in the house and how to use them. Draw a diagram of the water supply of your apartment. Mark on it the pipes of hot and cold water, the location of the main and other stopcocks, mixers, water heaters. Show this diagram to your parents and clarify it with them.
5. Ask parents to give phone numbers of services to contact in case of flooding. Write them down in the emergency telephone directory.

TASK 5. You came home from school, undressed and went to wash your hands. When you turn on the light in the bathroom, you see that there is a lot of water on the floor and it is coming quickly. Choose from the proposed options for further actions and determine their order.

1. Take a rag and start cleaning up the water.
2. If you know where and how, then you need to turn off the electricity or ask one of the neighbors to do it.
3. Call the emergency service.
4. Grab your tools and go find out how to fix the causes of flooding yourself.
5. Try to prevent the spread of water with rags.
6. Turn off the water if the apartment has a valve.
7. Report the accident to parents.

TASK 6. You are at home alone. Suddenly, water began to flow from the heating battery. Choose from the proposed options for further actions and determine their order.

1. Call the emergency service.
2. Start removing water.
3. Wrap the pipe at the leak with a towel or something else.
4. If possible, report the accident to parents.
5. Turn off the electricity.
6. Sit and wait for the emergency team or parents and do not touch anything.

Plumbing emergency. The causes of flooding do not always depend on us. When moving into a new house, the owners usually do not check how the water is supplied. In some place, a bad pipe connection may go unnoticed. In this case, the water flow can be very strong. The same thing can happen when a home undergoes an annual strength test of the plumbing and heating systems. This is especially dangerous when it comes to heating: the apartment is quickly filled with steam, which destroys wall coverings and floors, and easily penetrates to neighbors. In addition, steam can cause burns. Do not forget that the pipes that supply water, although slowly, wear out. They are covered from the inside with salts and rust, which can lead to the formation of a fistula - a small hole, which, due to the high pressure of water, quickly increases.

Memo about the rules of conduct in case of flooding rss

All things and products are best placed in a backpack, suitcase or bag. It will be announced where and how (by special transport or on foot) one should go from danger zone. You must register at the final evacuation point. After that, people are placed on temporary residence. First of all, children, children's institutions and hospitals are evacuated. Enterprises introduce a regime of emergency measures, the withdrawal of livestock, equipment and inventory begins, measures are being taken to protect food.

This poisonous gas, which has no color, no smell, no taste, is present in large quantities in the exhaust of automobile engines. It is also obtained by burning coal in furnaces, domestic and industrial. Carbon dioxide easily reacts with blood hemoglobin, forming a stable component (carboxyhemoglobin), which binds to oxygen.

Flooding of a dwelling, OBZH lesson Grade 5

To prevent flooding of the apartment. Do not leave running water unattended. Check the faucets before leaving home, especially on days when the water is out. Do not play, do not jump, do not swing on radiators and heating pipes. Do not clog the bath, sink and sewer system with large pieces of paper, cloth, gauze, hair. When leaving home, do not leave the windows open. A good downpour can create a small lake on the floor of your room.

Rules of conduct in case of flooding of an apartment

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Procedure for flooding an apartment

  • certificate of ownership of the premises;
  • gulf act;
  • independent expert report;
  • photo and video evidence;
  • a copy of the telegram to the person responsible for the accident about the appointed examination;
  • documents confirming the losses incurred (checks, work contracts, receipts for payment of state duty, etc.)

Administration of the Partizansky urban district

Before evacuation, turn off water, gas, electricity, put out stoves, move valuables, food, pickles, water supplies to the upper floors (attics), close or upholster the windows and doors of the first floors with boards (plywood). Transfer livestock, animals and birds to friends and relatives living outside the flood zone.

Actions in case of flooding and in case of a threat of flooding

What should be the actions in the event of a threat and during a flood regarding the collection of essential items? When preparing for a planned evacuation, one should be guided by the principles of reasonableness and collect only the most necessary items for life, the remaining belongings are carefully packed and sent to places where water is supposed to be unable to reach them. Essential items include:

Rules of conduct in the event of a flood threat

In case of a sudden flood, you need to climb as high as possible: from the lower floors to the upper ones, climb onto the roof of the house, the roof of private houses, the attic, to the top of a tree, to the top of a mountain or hill. You need to take with you everything that you need during the evacuation. Constantly give a distress signal: during the day - by hanging or waving, a clearly visible cloth nailed to the pole, at night - by a light signal and periodically by voice. When rescuers approach, calmly, without panic, go into a swimming facility, while moving, do not move along it and do not get on board. You should leave an elevated place in a flooded area on your own only if you need to provide medical assistance to the injured or if there is a threat of flooding. Throw off heavy clothing and shoes when in the water. Stuff clothing (shirt and trousers) with light floating objects such as rubber balls or closed plastic bottles- this will help to stay on the water even for those who do not know how to swim well. You can also use car tires, life belts to stay on the surface. In a situation in which you need to be in the water, take a deep breath only after descending into the water, grab the first object that comes across and go with the flow, try to remain calm. If necessary, you need to help a drowning person - throw him a floating object with which he can stay on the surface. If the drowning man does not control his actions (succumbing to panic), swim up to him from behind and, grabbing his hair, swim with him to the swimming facility.

Fires in residential premises: causes, hazards, rules of conduct

If oil is on fire(in a saucepan or pan), then turn off the gas and electricity supply. Cover the pan or pot with a lid, with a damp cloth, to put out the flame, and let it stand until the oil has cooled - otherwise the fire will flare up again. Throw a rag of coarse fabric (this should always be in the kitchen) over your hands, protecting them from fire. After that, to block the access of air to the fire, carefully throw it over a burning object. If burning oil, grease gets on the floor or walls, use any washing powder (like a powder fire extinguisher) to extinguish the fire, filling the fire with it. When the plate overheats first you need to turn it off, and then cover the coil with a wet rag. On the balcony, all items should be stored either under a tight casing or in metal boxes. Firefighters also recommend keeping a bucket of sand on the balcony.

Rules of conduct in case of flooding

Before evacuation, turn off water, gas, electricity, put out stoves, move valuables, food, pickles, water supplies to the upper floors (attics), close or upholster the windows and doors of the first floors with boards (plywood). Transfer livestock, animals and birds to friends and relatives living outside the flood zone.

Flood rules

When carrying out such operations, it is important to listen carefully to the rescuers and comply with all their requirements. For example, it is strictly forbidden to overfill swimming facilities. All boats, boats, rafts must be filled in accordance with the regulations, otherwise it threatens the safety of all people on them, including the rescuers themselves.

RULES OF BEHAVIOR DURING FLOOD (FLOOD)

Floods are, as a rule, transient, appear suddenly, and thus cause the greatest damage to the national economy. Floods usually last for several days. Of particular danger is the flood caused by the spring flood and at the same time the flood that has arisen.

The cause of the "flood" can be both residents from above, who have forgotten, for example, about the bath being filled, and depressurized pipes of the water supply system. In the first case, the victims of flooding need to present claims to their neighbors, and in the second case, to the ZhEK, a company that has undertaken to oversee the utility services of the building in which the affected apartment is located. After all, risers are the property of all residents of the house who pay monthly bills for maintaining the building in proper technical condition. And since the depressurization of the water supply system has taken place, and there is no fault in this for the people from the apartment where the pipe burst, it means that the management company is to blame for what happened.