Your rights
Every homeowner or tenant is a consumer of services, as specified in Art. 4 Federal Law “On Protection of Consumer Rights”.
There are other legislative acts regulating the rights of tenants:
- Housing Code of the Russian Federation Art. 162, 166.
- “Rules for the maintenance of common property...”.
As soon as the first spots of moisture are noticed on the ceiling, it is worth sounding the alarm before the disaster turns into a large-scale incident, fraught not only with damage to the finishing of the ceiling and walls, but also with damage to the floors, the appearance of mold, a short circuit in the electrical network, and also the seepage of moisture into the apartments below.
There can be many reasons for water leaking through the roof, the most common being:
- wear of the coating;
- violation of the integrity of the roof;
- actions of negligent contractors working on the roof when installing antennas, split systems, and cleaning ventilation. channels, etc.
In any case, this is not the tenant’s fault, but there is inadequate maintenance of the housing and communal services of the common property - roofs have not been inspected, damage has not been identified, and routine repairs have not been made.
In any case, the rights of owners and tenants consist in demanding compensation for damage caused by a leak (Article 1064 of the Civil Code of the Russian Federation).
If the housing and communal services does not respond to the claims, then the tenant has the right to go to court.
Statement of claim against the management company for water leakage from the roof
» Roofing structures are the common property of a residential building.
If it is damaged, the premises of both the upper and lower floors (along the interior seams), the entrance, electrical wiring, building structures, etc. may be damaged.
The resulting mold can persist for years. It all depends on the degree of flooding.
The management organization is required to maintain the condition of the roof.
It is with her that each apartment owner enters into an agreement, on the basis of which the responsibility for managing the common property is assigned to the management company, including repairs. When there are leaks in an apartment, when it drips from above, repairs to the roof of an apartment building are necessary, because its damage is the cause of this trouble. In reality, residents' property is subject to damage, and it is also possible to create short circuits in the electrical network, which leads to fires.
The question arises, where to turn in such situations, even with minor leaks. After all, when there is excessive moisture in a living space, fungus appears and mold grows. Local measures do not lead to anything; it is necessary to eliminate the main cause, for which you should contact a management company (MC).
When a roof leak occurs, the question becomes who should repair the roof. This should be done by the management company, which is responsible for maintaining the housing of the multi-storey building.
Damaged or worn-out roofing leads to the fact that the sealing coating is broken, which is why precipitation penetrates inside the roof pie. Such problematic situations often concern residents of the top floors. If there are wet spots on the ceiling or walls, the cause is a leaking roof.
Our articles talk about typical ways to resolve legal issues, but each case is unique.
If you want to find out how to solve your particular problem, please contact the online consultant form on the right → Or call us by phone (24/7). It's fast and free! Moscow and Moscow region Therefore, if signs of leakage are detected, you should immediately contact the Criminal Code.
Action plan
You need to call the office immediately after discovering a problem, write down the name and position of the person who received the telephone message.
On the same day, but no later than the next morning, you need to write a statement and call housing and communal services representatives.
This could be a site foreman, a maintenance engineer, a building superintendent, or other officials.
It is important to take a photo or video recording of traces of a leak on the ceiling, walls, etc., from the most favorable angle and displaying the date of shooting. This will not be superfluous, because in a week everything will dry out and only stains will remain, the age of which cannot be proven.
Representatives of housing and communal services should:
- inspect the premises;
- draw up a leak report signed by both parties (Article 33 of the “Rules...”);
- draw up an estimate based on the act, the total of which will be equal to the amount of damage;
- satisfy the applicant's requirements.
An application for a roof leak must be drawn up competently, with full awareness of your rights and specific requirements for housing and communal services.
Who to contact and how to contact ↑
The first thing a person experiences when he sees a flood in his own apartment is panic. However, emotions cannot resolve the issue. Only a competent approach will help eliminate the problem. The condition of the roofs of any apartment building is the responsibility of its management company - REU, Housing Office, REMP and similar organizations. Therefore, the first step is to clarify the location and opening hours of the branch you need. In addition, you should immediately find out the name of the boss for whom the claim will be filed.
Every month in utility bills there appears a column “major repairs” or another line with a similar name. That is, funding for the maintenance of the house is regularly withdrawn from the residents, which means that all responsibility lies with those in charge of the building.
Having specified all the coordinates, you can begin filling out the document. There are two possible options:
- The application is written independently in any form.
- The document is drawn up according to a generally accepted template.
Important! Filling out an application in a free style should not be a reason for refusing to accept it.
Homeowners regularly pay for the maintenance of the house and have the right to demand prompt repairs.
The claim is written in two copies, one of which remains in the hands of the owner on whose behalf the document was drawn up. This will confirm the fact that the application was announced, and the date and time of the application will also be recorded.
The document must be handed over to any representative of the management company against signature. This could be a secretary, a clerical representative, an engineer or a lawyer. It is important that the copy of the homeowner bears the signature of the receiving party indicating the following information;
- Surname;
- Job title;
- Date of;
- Time;
- Signature.
It is possible to submit a request for roof repair by telephone, but this is not advisable. Oral conversation should still be combined with documentary communication. If an oral notification method is used, then the text should be formatted according to the principle of a telephone message - everything is clear, specific and to the point, with the obligatory clarification of information: who accepted and who sent the application.
Important! State the time and date of the telephone application and request that this information appear in the oral application.
If the house does not have a single municipal or state apartment, repairs will have to be done at your own expense
How to write a statement to the housing and communal services about a roof leak: sample
The application to the housing and communal services is drawn up in free form, in 2 copies.
The paper should be addressed to the head of the housing and communal services department.
The affected owner should enter his full name, residential address and contact numbers for feedback.
Since the relationship between the housing and communal services and the owner, the tenant, is determined by an agreement between them, then emphasis should be placed on this paper, in which the housing and communal services have undertaken to provide quality services. In addition, Article 10 of the “Rules for the content of general…” and Art. 4 “Laws on the Protection of Rights...” were violated, which manifested itself in the flooding of the apartment through the roof.
It should be noted that, for its part, the applicant fulfills its obligations by systematically paying for utilities, for the maintenance of the house, and for repairs.
And one of the main conditions for a correctly drawn up application is the formulation of clear requirements - what exactly the applicant wants to receive from the housing and communal services, in addition to eliminating the cause that led to the trouble:
- repair rooms affected by leaks;
- get funds and do the repairs yourself.
The text part consists of several conditional parts:
- establish a violation of rights;
- describe in detail the essence of what happened;
- make demands;
- list applications;
- indicate the date and sign.
When describing the problem, it is not enough to just indicate that water leaked as a result of rain or melting snow, you need to indicate when it happened, who called the housing and communal services, who received the telephone signal.
It is important to describe how seriously the walls and ceilings were damaged, and in which rooms. It’s a good idea to include photographic materials. It is advisable to indicate the amount of actual damage.
In the end, you need to justify your claims something like this:
“The roof leak was caused by the housing and communal services (Appendix No. 2 of the Resolution of the State Construction Committee of the Russian Federation No. 170 of September 27, 2003). If they refuse to fix the roof and eliminate the leaks, I intend to turn to the veins. inspection and prosecutor's office due to your violation of Art. 7.22 Code of Administrative Offenses of the Russian Federation.
I ask you to compensate for material damage in the amount of such and such and to adjust payments for the maintenance and repair of the housing stock. If my demands are ignored, I will be forced to go to court in order to recover material and moral damage and adjust the receipts.”
It is important to follow the procedure for sending the application: it is better to personally pay a visit to the housing and communal services office and hand over the entire package of papers to any employee, preferably a secretary or dispatcher, against signature, indicating the registration number.
In case of refusal, you should take with you 2 witnesses from among the residents who will certify with their signatures that the paper was handed over. You can send a registered letter with return receipt requested, but it will take longer.
Legislative regulations
What laws regulate the procedure for repairs by the management company?
Maintaining the normal condition of the roof and regular repairs is the direct responsibility of the management company .
This is stated in the Housing Code of the Russian Federation in 156 articles.
This is also confirmed in Government Decree No. 491, which was issued on August 13, 2006. Another regulator of the responsibilities of management companies is the Standards for the Technical Operation of Housing Stock.
In fact, during proceedings it is not at all necessary to point out these legislative acts to the organization’s employees. All responsibilities for roof repairs are clearly stated in the agreements concluded between the owners of the apartment building and the management company.
Watch a video about the targeted program for the overhaul of roofs of apartment buildings:
Where to file a complaint against the Criminal Code about inaction
Often careless service companies do not respond to citizens' requests. In this case, you need to contact the regulatory authorities who will correct the situation. Such departments include Zhilkontora, Rospotrebnadzor and the prosecutor's office.
Supervisory authorities
It is possible to send an appeal to regulatory authorities remotely. Each department has an official resource. After submitting a letter of claim, a commission is convened and a thorough inspection of the management company or housing and communal services is organized.
After analyzing the activities of the management company of the general condition of the house, a decision is made to force public utilities to carry out major repairs.
Entrance repairs and responsibilities of the management company
Residents of an apartment building at a general meeting of neighbors are required to independently choose how to manage it. Most often, citizens decide to involve a professional management company. If the owners of the apartments are not identified within a year, the city administration will appoint managers in the housing management sector. An agreement on service in the housing office must be drawn up between the management company and the residents, which clearly stipulates that citizens contribute monthly funds to keep the house clean and tidy, and the management company must take a number of measures aimed at creating comfortable conditions for homeowners and their neighbors . It is established at the legislative level that the responsibilities of the management company include:
- carrying out current and major repairs of the entrance;
- concluding agreements with providers of housing and communal services;
- facade finishing;
- checking and repairing roofs, ceilings, communication systems;
- replacement of water supply riser;
- cleaning the local area, etc.
Read also: What will be the violation of silence at night and during the day?
When concluding an agreement with a management company, apartment owners can draw up a separate act and add separate conditions and functions that the company must perform in the housing office. The Criminal Code will act as a link between citizens and housing departments. At the same time, the management company is subordinate to the housing office, therefore, if the management company violates contractual obligations in the housing and communal services sector, residents can draw up a special act and file a complaint with the housing office or the Housing Inspectorate.
If you are concerned about a roof leak, a statement, a sample of which can be found on the Internet, will help attract the management company or housing department to the problem when it does not independently resolve the issue of troubleshooting. It is important not to panic and not be afraid to seek help from the Criminal Code, the City Housing Inspectorate, Rospotrebnadzor, and, if necessary, law enforcement agencies. Relations between managers in the housing and communal services sector and citizens are of a consumer nature, which provides a number of advantages to each party to the transaction.
Sample application for roof repair: quick claim - quality repair
When living on the top floor of an apartment building, you must always be prepared for the possibility of problems with the roof of the building. Water penetrating through the roofing pie leaves unsightly stains on the ceiling of the apartment. In addition, humidity in the premises increases, fungus may appear - the appearance and atmosphere of the home worsens. The question arises about urgent apartment repairs and eliminating the root cause of the troubles. Knowing how to fill out a sample roof repair application can help speed up the process as much as possible.
