Download a sample act on flooding of non-residential premises

Procedure

First of all, you need to protect valuables from exposure to water. They can be covered with film or moved to a safe place. Next you need to take legally significant actions:

call a specialist from the utility service. The technician draws up a report on the bay.
Damage assessment. Ordered from companies with appropriate licenses. Experts will determine the cost of restoration work to eliminate the damage that has occurred.
Contact with the person responsible for the flood. Copies of the drawn up act, as well as the appraiser’s conclusion, are sent to the person responsible for the emergency.

Recording the damage will allow you to recover an amount corresponding to the damage. The culprit can make payments out of court. If he refuses this, the papers are sent to court.

Actions of residents in case of flooding

Before drawing up a report about the flooding of the apartment, it is necessary to record all the damage in a photo or video in order to have irrefutable evidence of the fact of the flood in case the management company incorrectly or does not fully compile a list of damages. It is advisable to turn on the date display mode on your photo or video camera, which will allow you to record the time of the accident and/or the onset of its consequences for your property.

After this, you should contact the management company to draw up an act on the flooding of the apartment. If you intend to report that your apartment has been flooded by calling the dispatcher, then you must definitely find out his first and last name, position, as well as the serial number of the request - the procedure for servicing subscribers involves recording requests in a special book maintained at enterprises.

The dispatcher is required to coordinate the work of employees authorized to inspect the property after an accident and draw up a flood report. Representatives of the management company must arrive at the scene of the accident no later than an hour after the telephone call, or verbally agree with the owner of the affected area about a delayed time for the visit. In this case, video or photographic recording of damage due to flooding (ceiling, walls, furniture, household appliances) is required.

List of documents for damage assessment

The list of documents will depend on where they are provided. To transfer the culprit of the emergency, the following documents are sufficient:

a flood report drawn up by a representative of the utility service;
the result of a damage assessment carried out by an independent expert;
title documents for the premises confirming ownership.

If collection is carried out through the court, similar papers will be needed. They are supplemented by the following documents:

estimate of restoration work carried out by the owner to eliminate the damage caused;
receipt of payment of the duty;
the statement of claim and its copies in an amount equal to the number of participants in the case;
papers proving the fact of flooding and the fact of the defendant’s guilt.

Most of these documents are required to calculate the amount that the defendant will have to pay.

Grade

Assessment is an important step in recovering damages from the culprit or the insurance company. The flood report only lists the damaged items that were flooded, but does not take into account their value.

Only specialized expert companies that have special permission to do so are required to assess damage. And experts must have appropriate education.

To obtain a damage assessment report, you must contact any expert company with the following documents:

flood report;
title documents for the premises;
identification document of the owner.

When contacting an insurance company under an insurance contract, they have the right to send their own appraisal company for an assessment. But if the owner doubts the correctness of the assessment, he has the right to make an independent examination.

The examination is carried out by an expert visiting the site and assessing the extent of damage to the following:

structural safety of premises structures;
redecorating;
condition of equipment and office equipment;
other significant damage.

After the inspection, the expert assesses the damage based on the residual market value of the damaged property. Next, he issues a damage assessment report. Based on this act, the insurance company makes a payment. In case of disagreement with the amount paid, the policyholder is obliged to file a claim with the policyholder and present an assessment report from an independent expert.

In case of refusal of additional payment, the policyholder may apply to the court with this assessment report.

Why do you need a flooding act for non-residential premises?

The flood report is the main document confirming the fact of an emergency and a list of damages. You should call a specialist from the utility service immediately.

Otherwise, the culprit may claim that he is not involved in the defects that have arisen. The act confirms the direct connection between the fact of the flood and the damage. This document is required for the following purposes:

determination of the list of damages;
confirmation of the fact of flooding;
presenting paper to the culprit to recover damages;
presenting a document in court as evidence.

Even if the owners of the premises take photographs that clearly show the consequences of the flood, they cannot replace the report drawn up by a specialist. Therefore, it is so important to contact the appropriate services in a timely manner.

Contents of the document

The flood report contains the following information:

address of the flooded premises.
Date of preparation.
Information about the composition of the commission that was involved in recording the fact of the flood. This composition will also include the owner of the premises.
Passport details and full names of the witnesses in whose presence the document was drawn up.
Detailed list of damages.
Possible causes of flooding.
Measures taken to eliminate the emergency.
Signatures of commission representatives and witnesses.
Seal of the organization drawing up the act.

ATTENTION! The owner of the premises may be recognized as the culprit of the emergency. In this case, all expenses will be reimbursed at his expense.

Drawing up an act on flooding of non-residential premises and a sample

The preparation of a document can be divided into the following stages:

calling a utility service representative.
Providing the necessary data: address of the premises, full name of the owner.
Inspection of the premises, indicating all damage in the report.
The owner must ensure that the reason for the flood is indicated. If this paragraph does not indicate the guilt of, for example, a neighbor on the top floor, it will be difficult to sue him for the required amount.
The document must be signed by all participants in the inspection. If someone does not want to sign, this is also indicated on the paper.

ATTENTION! It is recommended, if possible, to invite the person responsible for the emergency for inspection. This will prevent controversial issues when considering the list of damages in the future.

It is always worth remembering that a person can claim that some of the defects were not caused by flooding. If a person is personally present at the inspection, it is almost impossible to accuse the owner of exaggerating the damage.

A sample act on flooding of non-residential premises is shown in the photo below:

Recovery of damages

Damage can be recovered voluntarily from the culprit or through the court. Initially, you need to inform the culprit that the amount of damage after the flood was, according to expert data, a specific amount, and draw up an agreement on the procedure for compensation.

If the culprit refuses to pay for the damage caused, it is necessary to go to court. For this you will need the following documents:

certificate of flooding of premises;
title documents for this premises;
document confirming the identity of the owner;
expert assessment of the damage caused;
estimate of restoration work;
receipt for payment of state duty;
statement of claim.

The statement of claim is filled out in the manner prescribed by law:

The full name of the judicial authority where the document is submitted is indicated.
Passport, personal and contact information of the plaintiff.
Title of the document.
The essence of the requirements to the defendant, indicating the circumstances of the incident.
Legislative basis for these requirements.
List of attached documents.
Date and signature of the applicant.

The number of claims must correspond to the number of persons participating in the consideration of the case. In case of a positive decision to satisfy the plaintiff's claim, all costs will be recovered from the defendant.

The writ of execution will be sent to the bailiffs to recover the required funds from the culprit of the flood. The defendant can challenge the court decision within 15 days.

Conducting an independent damage assessment

An independent damage assessment is carried out to justify the amount to be recovered. The document drawn up as a result of the examination is proof of the damage caused.

This rule is defined by the Federal Law “On Valuation Activities in the Russian Federation”. Only a company with a license to engage in appraisal activities can conduct an examination.

IMPORTANT! If the specified license is missing, the completed assessment report is invalid.

The appraiser carries out the following work:

inspection of the premises;
determination of damage;
fixing the area of damage;
establishing the cost of damage;
calculation of the cost of work and construction materials necessary to correct defects that have arisen.

The specialist attaches photographs from the scene of the incident to the report.

Sample act on flooding of non-residential premises download consultant

In case of refusal, a claim is filed. Note that after the court’s decision, the culprit pays all legal costs , including the services of an appraiser.

There are several different methods for determining the cost of work to eliminate the consequences of flooding. But it is useful for the owner to know that before calculating the amount of restoration of the premises, the appraiser must carry out a market analysis of both construction work and materials.

If the appraiser uses calculation methods based on government prices, most likely the final amount will be underestimated.

Calculations are made by the appraiser according to the following principles:

Repair work is calculated for the entire structural element.

Deadlines and amount of fees

The flood report must be drawn up within 12 hours after the incident. Damage assessment is carried out within three to seven days. There is no need to rush through the examination. All damage will be most clearly visible a few days after the flood. The standard time limit for filing a claim in this case is three years.

The amount of the fee paid to file a claim is determined depending on the amount of damage that is planned to be recovered. To calculate the fee, you can contact a lawyer. If the defendant is found guilty, he must reimburse both the fee and the cost of the damage assessment company's services. These items are included in the list of legal expenses of the plaintiff.

Sample act on flooding of non-residential premises download consultant plus

After receiving the flood report, you can talk to the culprit so that he voluntarily compensates for the damage caused. If he refuses, you can file a lawsuit.

If your claims are satisfied, the culprit will have to pay the cost of the appraiser’s services, as well as the legal costs incurred by the injured party.

Contacting the service company

First of all, if you discover a flood in the room, call the emergency dispatch service staff, who must eliminate the cause of the flooding.

After they eliminate the cause, it is necessary to draw up an incident report.

Recording the fact of an accident

When drawing up the report, it is necessary to record in detail all the damage received.

______________________________________________________________________________

(amount of damage caused)

Scope of restoration work:

1. Room _____ sq. m - ______________

______________________________________________________________________________

(list of restoration works)

2. Room _____ sq. m - _______________

______________________________________________________________________________

(list of restoration works)

Corridor _____ sq. m - _______________

______________________________________________________________________________

(list of restoration works)

4. Kitchen _____ sq. m - _______________

______________________________________________________________________________

(list of restoration works)

Bathroom_____ sq.

They are the culprits of the flood. If there is damaged property, then it should also be included in the act. The act must include all minor damage that was caused by the flood to this residential premises. This will help to correctly assess the damage caused and demand an “adequate” amount of compensation from the culprit.

The act is drawn up in two copies and signed by both parties - utility service technicians, as well as the party affected by the flood.

One copy remains with the victim. The act must also contain the seal of the utility service.

Contacting service authorities

If an apartment flood occurs, then it is necessary to urgently call representatives of the utility service of the service company.

Sometimes it is enough to call them by phone or go to them in person.

Housing office.

If you still have receipts for construction materials or a report on the cost of repairing damaged property, provide them to the expert.

Resolving the issue with the culprit

Most flooding cases are resolved out of court by compensating the guilty party for damages.

However, if the issue cannot be resolved in this way, it is necessary to file a claim in court.

By a court decision, flooding issues are resolved in favor of the injured party, but this is possible with the availability of an assessment report.

In peaceful way

To resolve issues of compensation for damages amicably, you first need to set up negotiations with the guilty party and provide the amount for payment.

You can assess the damage both to protect your position in the current situation, and in the event of the perpetrator’s refusal to compensate for the damage.

To prepare a report, the appraiser must:

inspect the premises;
assess the damage from the flood.

In this case, you must notify the culprit in advance of the appraiser's arrival. This may take one to three business days. What is it for?

His presence is required to sign the report on the inspection of the premises by the appraiser.

In the inspection report, the appraiser will indicate:

visible damaged elements of non-residential premises;
area of damage.

Based on this document, the authorized person will be able to determine the cost of damage.

Important

Certificate of inspection of the apartment after the flood: sample Attention For example, an unscrupulous neighbor threw a rag into the common sewer, which caused the pipe to become clogged. It will not be possible to identify who did this, and the service company is not to blame in such a situation.

Recording flood damage An authorized employee of a housing organization in the process of drawing up a leak report indicates:

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

During the inspection of the apartment, the injured party should carefully monitor the information specified in the report.

The final amount of damage depends on their accuracy.

— __________________ (_________________________________)

— __________________ (_________________________________).

Statement of claim to a court of general jurisdiction for compensation for damage caused by flooding of a non-residential premises (office) in an apartment building

To court

(name of judicial authority)

STATEMENT OF CLAIM

on compensation for damage caused by flooding of non-residential

premises (office) in an apartment building

The plaintiff owns non-residential premises (office) with a total area of ________ square meters.

______________________________________________________________________________

(amount of damage caused)

Info

Room _____ sq. m - _______________ ______________________________________________________________________________

(amount of damage caused)

3. Corridor _____ sq. m - _______________

______________________________________________________________________________

(amount of damage caused)

Kitchen _____ sq. m - _______________

______________________________________________________________________________

(amount of damage caused)

5. Bathroom_____ sq. m - _______________

______________________________________________________________________________

(amount of damage caused)

Bathroom _____ sq.

The document needs to describe everything in detail, because the better you do this, the easier it will be to protect your interests in court.

After drawing up the report, you need to communicate with the culprit of the incident and talk about the possibility of resolving the issue out of court and propose your own way to compensate for the losses caused - either pay for material damage, or make repairs.

Independent examination

However, to justify your amount, you must have a document on hand assessing the damage to your property.

It is this report that can serve as a means of proving the damage caused to you (Federal Law “On Valuation Activities in the Russian Federation”).

It follows from this that you need to contact an appraiser who provides his services legally and has a certificate of engaging in appraisal activities.

______________________________________________________________________________

(indicate the reason for the flood, indicating the action or inaction of the person causing harm)

The standards for technical maintenance of buildings were violated: ______________________________

______________________________________________________________________________

(indicate which specific standards for the technical operation of buildings and premises have been violated)

Thus, the reason for the flooding of apartment No. ____ was _____________________________

______________________________________________________________________________

(indicate the reason for the flood)

It is necessary to carry out repairs by: _____________________________________________

______________________________________________________________________________

Description of the amount of damage caused:

1. Room _____ sq.

Act of flooding of non-residential premises

In order to record the fact of flooding of a non-residential premises, it is also necessary to contact the company that provides public services for this premises.

The non-residential premises may be located on the 1st floor of an apartment building, and there may be an apartment on top.

The owner of the apartment may be the culprit for the flooding.

If the non-residential premises are a separate building and it has an owner, then he will be guilty of flooding, even if the cause is snowfall.

If the premises are leased, and the owner is the state represented by a local government body, then an act must be drawn up immediately, along with recording the fact of flooding.

This will help recover damages from the owner.

Then you need to call the employees of the service organization and go to the scene yourself.

Upon arrival, you need to de-energize the room, or make sure that it is de-energized, turn off the water and find out the cause of the flood.
Next, the procedure for drawing up a flood report, described above, is carried out, either in the presence of utility employees, or independently. The tenant may be a representative of the injured party (owner); this is noted in the deed.

All the above actions are carried out by the injured party on the day of flooding of the property.

Depending on the purpose of use of non-residential premises, the injured party may make claims for compensation for lost profits.

Violation of operating rules and the use of unreliable technical equipment, indicating hot or cold water flooded the room.

The final stage of drawing up the Act is the signing of the document by all members of the commission.

A room or office is flooded: how to draw up a report?

/ Bay / How to draw up a report if the office is flooded?
One of the big troubles is a flood. You may be flooded by your neighbors or their leaky riser. Who is responsible, including financially, for the consequences of flooding? In this article we will talk about what to do if your office premises are flooded.

General provisions

Flooding is a process that results in damage to the property and premises of the owner for reasons beyond his control. A flood, as a rule, is not an intentional act, but most often occurs as a result of someone’s negligence or imprudence.

Material damage is the loss that was incurred if the office was flooded.

Water can ruin repairs, furniture, and make a lot of documentation unusable if we are talking about non-residential premises.

According to Article 1164 of the Civil Code of the Russian Federation, a legal entity or individual is obliged to compensate for material damage to the other party resulting from intentional acts or negligence.

The process of determining who is at fault if an office floods is similar to recovering damages for a flood in a residential area.
If an office is flooded, the property owner is obliged to :

Determine the fact of flooding and its scale.
Find out about the causes of the emergency and take action to eliminate it.
Identify the culprit.

Demanding compensation from the guilty party for material damage during a flood is voluntary. You can restore the premises yourself, but will you like the expense?

Finding out the reasons and demanding compensation from the culprit without involving specialized authorities is a criminal matter. According to Article 139 of the Criminal Code of the Russian Federation, it is impossible to demand compensation or conduct an independent inspection of the causes of the flood. If the premises are flooded, you must contact your housing utility supplier and draw up a report.

Procedure in case of flooding of the premises

What to do if your store or office is flooded? The first step is to eliminate the causes of the emergency . To do this, you need to contact the housing and communal services control center. A team of specialists must fix the leak. Only after this can the culprit of the utility accident be determined.

It could be:

The owner of the office where the flooding occurred;
The owner of the property above the flooded premises;
An enterprise that provides housing and communal services (MC or HOA).

In the event of a flood, you need to protect valuables and equipment from water, as well as take photos or videos of the scene. This will allow you to further prove the fact of losses incurred and determine their size. When drawing up the act, you must attach the collected materials.

If your office is flooded, you do not need to take action on your own to eliminate the consequences of the flood. The second step in case of a flood is to contact the housing and communal services company to draw up a report . This document is very important because it is proof of the loss incurred. How to draw up an act if the office is flooded?

The document must be drawn up in the presence of:

Housing office representative;
The culprit of the emergency and the victim;
Witnesses.

The flood report must describe in detail all the causes and consequences of the incident. It is necessary to ensure that the document describes all the consequences: leaks, cracks, equipment malfunctions. The act must be drawn up and certified by the housing and communal services department. Once the paper is written, a certified copy will be issued to the parties to the incident within a few days.

The third step, if the office is flooded, is to determine the amount of compensation and present demands to the guilty party .

It is necessary to prepare an appeal to the person through whose fault the premises were flooded and indicate the amount of compensation necessary to fully restore the damage suffered.

If your office is flooded, you can draw up a statement of damages and send a copy of it to the defendant. If the issue cannot be resolved peacefully within 30 days, then expenses can only be reimbursed in court.

Appeal to court is possible only if there is evidence of losses incurred and the guilt of the defendant. To do this, you need to attach reports, witness statements, photographs from the scene of the emergency.

The costs of restoring a flooded non-residential premises are usually significantly higher than repairs in an ordinary apartment. This is due to a specific area of activity of the enterprise. The premises may contain expensive equipment, documentation, furniture and other products.

One of the features of claiming compensation if non-residential premises are flooded is a full assessment of the consequences and extent of losses. To do this, you need not only to photograph the condition of the object, but also to determine the damage caused to the finishing, furniture and technical equipment.

In order for all costs associated with restoration after flooding to be compensated, it is necessary to contact independent appraisers.

According to the Federal Law “On Valuation Activities in the Russian Federation,” only licensed enterprises can draw up an act and determine the extent of damage . In this case, the amount of costs must be proportionate to the losses of the victim. For example, the cost of lost equipment and restoration of premises (office) is estimated at market prices at the time of flooding.

Collection in court

Going to court is a last resort. You will have to prepare a statement of claim if it is not possible to resolve the issue of compensation peacefully with the perpetrator. or his lawyers can write an appeal to the court on behalf of the company Turning to specialists will greatly simplify legal proceedings.

According to Article 333.19 of the Tax Code, when considering cases regarding property in court, it is necessary to pay a state fee. Its size depends on the value of the plaintiff’s claims and ranges from 400 to 60 thousand rubles.

There is no need to worry about legal costs, since the guilty party is obliged to compensate all the costs of the plaintiff. Claims are accepted within 5 days. At this stage, an incorrectly drawn up application may be rejected.

The main thing when claiming compensation in the event of a flood is that there is sufficient evidence of the losses incurred and the defendant’s fault. Along with the application you must attach :

An act drawn up by housing and communal services employees.
A report drawn up by an independent appraiser.
Photos and video materials indicating the consequences of flooding.
Documents on the right of ownership of non-residential premises.

Witnesses and examinations aimed at checking the quality of services provided can establish the extent of the flooding and the guilt of the defendant.

Litigation cases regarding compensation for material damage may take a long period of time to resolve. On average, the duration of legal proceedings varies from 3 months to a year . After a court decision is made, the applicant is guaranteed to be able to compensate for all costs associated with repairing the flooded premises.

Judicial practice in such disputes shows: if there is evidence of the defendant’s guilt, the plaintiff’s demands will be satisfied. The fact of owning a property in which a flood occurred does not constitute grounds for claiming compensation.

The owner of the apartment is not obliged to compensate the victims for repair costs unless his guilt is proven. As practice shows, not only the office owner, but also a management company, a construction company, or even a pipe and plumbing manufacturer can become guilty.

Conclusion

Flooding of any property is always a disappointment for the owner. However, all losses can be compensated if the owner takes certain actions.

Remember that compensation can only be recovered from a defendant whose guilt has been proven in court.

To do this, you need to draw up reports stating that your office or other non-residential premises have flooded and apply for an independent examination.

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NOTE!

Due to constant changes in laws, information is often out of date;
General information does not guarantee a successful solution to the problems encountered.

In this regard, FREE legal experts are working for you! Consultations on Russia. Hotline in Moscow.

Author of the article

Migrelova Anastasia Pavlovna

Practicing lawyer in the field of housing relations. More than 7 years of successful practice in disputes related to privatization, premises flooding and real estate transactions.

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