Why you should never refuse to replace a riser

Since the heating or water supply risers located in the apartment are used for the needs of all residents of the house, they belong to the common property of the apartment building. If they break, the management organization will compensate for the damage. Today we will figure out who is responsible for flooding the apartment if its owner has not agreed on the repair of communications with the management authority.

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Responsibilities of premises owners

The district court indicated that the common property of the owners of premises in an apartment building includes only those heating elements of the heating system (radiators) and heating system devices that serve more than one apartment (clauses 5 and 6 of Rules No. 491).

The court concluded that in this case, the radiators did not belong to the common property of the owners in the apartment building, because they were installed in specific apartments.

Responsibility to the owners for the proper maintenance of common property in accordance with the legislation of the Russian Federation and the contract lies with management organizations and persons providing services and performing work under the direct management of apartment buildings (clause 42 of Rules No. 491).

As for the owners, they, according to Part 1 of Art. 288 Civil Code of the Russian Federation and Art. 30 of the Housing Code of the Russian Federation, own, use and dispose of the residential premises belonging to them for their purposes, the burden of maintaining these premises is assigned to them. The premises must be maintained in proper condition and mishandling should not be allowed. Owners must also respect the rights and legitimate interests of neighbors, rules for the use of residential premises and rules for maintaining common property.

Damage caused to a citizen’s property is compensated by the person who caused this harm (Article 1064 of the Civil Code of the Russian Federation). The district court reviewed the case and decided that in this case, the owner of the apartment in which everything happened was responsible for the breakdown of the riser.

In this case, the owner did not seek help and approval from either the management company or the contractor, so the court did not see the management organization’s fault in what happened.

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Consequences of failure

Imposition of an obligation through court

In accordance with the norms prescribed by law, the management company must officially notify the recalcitrant tenant about the need to gain access to his apartment in order to replace the riser, and inform him of the date of the work. Moreover, this must be done in such a way that there is confirmation of receipt of this notification. If access to the repair team is denied, a corresponding report is drawn up.

Having such an act, the management company has the right to file a claim with the court, which in such cases most often takes its side.

After the court decision comes into force, the bailiffs, together with representatives of the management company, arrive at the owner of the apartment, who must reimburse the management company for the entire amount of legal costs, as well as pay for the work of the bailiffs. In total, the amount can be about 10 thousand rubles. However, the troubles of the obstinate landlord are not limited to this.

Removing obstacles at your own expense

In accordance with the court decision, the owner of the apartment must provide access to the repair team to replaceable risers, which are common property of the building. Therefore, he will have to dismantle at his own expense everything that interferes with the work: tiles, boxes, partitions, i.e. all the beauty he had previously brought.

But the troubles may not stop there.

Responsibility for probable accidents

If an emergency occurs due to a denial of access, all associated costs will fall on the shoulders of the apartment owner who did not allow the riser to be replaced. True, for this the management company will have to prove that:

the landlord was actually notified;
access to the apartment was not provided;
The cause of the accident was the condition of the pipes on the defendant’s territory.

Thus, when denying management company employees access to an apartment to replace risers, you should carefully weigh the consequences that may fall on your shoulders.

Responsibility of the management authority for the maintenance of common property

The injured owners filed an appeal, in which they indicated that the burst of the riser did not occur due to repairs, but because the management organization did not properly monitor the heating system.

The owners confirmed their position with the conclusion of an examination, which revealed wear and tear on the pipes. In addition, the owner of the damaged apartment insisted that she could not replace the riser herself, since this could only be done by a management employee with access to the basement where the valves are located.

The regional court sided with the owners. He referred to the Rules for the maintenance of common property in an apartment building, approved by Decree of the Government of the Russian Federation of August 13, 2006 No. 491, and recalled that the heating riser belongs to the common property of the apartment building. The organization managing the house, which did not maintain the common property of the owners of the apartment building premises in proper condition, is responsible for the damage caused.

The management organization established that the heating riser had been replaced, but did not indicate the poor quality of the material, did not record the fact of independent replacement, and did not provide the court with evidence that the owner actually replaced the riser himself.

In addition, the entrance doors to the technical underground and basement must be locked. The keys to them are kept by those who are responsible for the maintenance of the house (clause 3.4.5. Rules of the State Construction Committee of the Russian Federation No. 170).

Based on this, the court concluded that the owners could not replace the heating riser independently, without agreement with the management company and without obtaining free access to communications in the basement of the house. This means that responsibility for damage caused to apartments lies with the management organization.

How to force the management company to repair the cold water riser?

? There is a weld on a pipe under my ceiling, it flows in rusty streams. They came from the housing department and said: we need to weld, wait – we’ll look for a welder. They've been searching for more than a week, and no one is in a hurry to fix the accident. What if my pipe ruptures, what should I do then? And I’m also worried about the question: if they weld, they will ruin my walls and ceiling. Can this piece of pipe be replaced?

Valentina.

Dear Valentina! This is not the first time we have stated rule No. 1 in such situations: be sure to write an official statement to the Criminal Code, even if you have already contacted them many times by phone or in person.

“The appeal should only be in writing, with a mandatory requirement to eliminate the emergency situation,” comments Tatyana Turchaninova, head of a management company that is not related to this problem. – The application must be certified and the entry number must be indicated. You should receive a second copy in your hands.

Yes, pipelines and a heating system are the common property of an apartment building, and the management organization, as noted by specialists from housing supervisory authorities, is responsible for its condition and maintenance. But since the riser is located in your apartment, the management company, purely theoretically, could not know about its emergency condition. Therefore, in the event of a serious accident, the management organization can refuse responsibility.

“And the damage in this situation can be more than serious,” says Oleg Kapustin, head of the Center for Public Control of Housing and Communal Services. – After all, boiler houses pump water day and night. And at the most unexpected moment, when there is no water flow and the pressure in the pipe is high, the pipe may burst. And then it will flood both the owner of the apartment and the neighbors. And the management company will have to compensate for losses.

Therefore, by law, such problems must be corrected as soon as possible.

– The Decree of the State Construction Committee of the Russian Federation dated September 27, 2003 No. 170 “On approval of the Rules and Standards for the Technical Operation of the Housing Stock” states that emergency faults in pipelines must be eliminated immediately from the moment they are discovered or the residents apply to the emergency dispatch service of the management organization.

Therefore, once again urgently prepare a written appeal to the Criminal Code.

“If this does not work, write another statement (can be simultaneously with the first) about the mandatory requirement to shut off the water riser due to an emergency,” advises Tatyana Turchaninova. - Of course, this will cause inconvenience: people will be left without water, but at least the Criminal Code will move. Because in this situation, Decree of the Government of the Russian Federation No. 354 (dated 05/06/2011) “On the provision of utility services to owners and users of premises in apartment buildings and residential buildings” comes into force (together with the “Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings"). In accordance with it, it is possible to shut off the water in an apartment building, in particular, to eliminate an emergency situation, only for a day. After which penalties come into force.

As for the question of replacing the pipeline, this is possible, but again, upon a written request to the Criminal Code.

“In accordance with the management agreement, the management organization replaces emergency sections of pipelines up to two meters in length,” commented the State Housing Supervision Authority. – If the pipeline is not in emergency condition, specialists can limit themselves to only repairing it.

Yulia Kazanjan

What work should owners coordinate with the management organization?

Owners of premises in apartment buildings, on the basis of clause 12 of the Rules for the maintenance of common property No. 491, can carry out actions for the maintenance and repair of common property independently, with the involvement of a management organization or contractor.

But there are some works that owners must coordinate with the management authority or neighbors; they are listed in clause 35 of the Rules for the Provision of Public Utilities No. 354. These include:

making changes to the engineering communications and in-house engineering systems provided for by the project;
draining coolant from the heating system without the permission of the contractor;
dismantling or turning off heating elements;
an increase in the heating surface of heating devices installed in a residential area beyond the parameters provided for in the documentation, etc.

The management organization noted that the owner did not agree with her on the replacement of the riser. But it is the MA that must control their quality, and it is also obliged to regularly inspect all the property that has been entrusted to it.

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Replacing risers

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Remember

In-house engineering systems are common house property, although the risers are located in the apartments.

The management organization is responsible for the maintenance of common property, regardless of where this property is located.

It is possible to hold the owner responsible for the maintenance of common property only if it can be proven that the damage was caused precisely because of his illegal actions.

Therefore, the MA should be especially careful in the process of proof and collection of evidence.

Who should be responsible for replacing the sewer riser in the apartment?

Not all residents of the Russian Federation live in new houses, so the problem of deterioration of communications is familiar to many.

However, not many apartment owners know their rights if it is necessary to replace common communication elements located in their apartments. The decision when replacing risers in an apartment building, the definition of responsible persons and the rules of conduct in conflict situations are given below. Attention!

Sewer pipes are no exception, damage and rupture of which can lead to flooding and property damage. We will talk about the procedure for replacing a sewer riser in an apartment in this article. What are the temperature standards in an apartment during the heating season according to SanPin? Find out about this from our article.

General information In old houses, sewer risers and pipes in bathrooms are made of cast iron - a reliable, but not the most durable material.

Sooner or later, such pipes begin to fail, after which there is a danger of leakage, pipe splitting, property damage and financial liability.

In order to prevent sad consequences, the riser and sewer branches should be replaced. In such a situation, owners often make do on their own and change the riser in the apartment themselves.

How to get a pipe replaced?

Replacing pipes is a difficult task. Let's figure it out. Engineering communications serving more than one room in an apartment building are common property. These, in particular, include risers for hot and cold water supply and sewerage. According to the Rules for the maintenance of common property in an apartment building (approved by Decree of the Government of the Russian Federation No. 491 of August 13, 2006), owners have the right to independently carry out actions for the maintenance and repair of common property (except for the removal of solid waste) or involve other persons in this, taking into account the chosen method of managing the apartment building .

One of the readers asked us to help figure out the following problem: in a 40-apartment building maintained by a management company, the kitchen sewer riser needs to be replaced because it constantly gets clogged. In this regard, residents of 10 “suffering” apartments regularly submit requests for sewer cleaning. “I would like to replace this pipe and get rid of problems for the coming years. How to properly submit an application for pipe replacement? I am sure that the Management Committee has no desire to do this work on its own initiative. Is a meeting of homeowners or signature sheets required? What sequence of actions will be correct and effective?

So, in this case, management is carried out by the management organization. According to Part 2.3 of Article 161 of the Housing Code of the Russian Federation, with this method of managing an apartment building, the management organization is responsible to the owners for the provision of all services and (or) performance of work that ensure the proper maintenance of the common property. Therefore, replacing risers and cleaning sewers is the responsibility of the management company. Is a decision of the general meeting necessary to make it work?

Article 44 of the Housing Code of the Russian Federation establishes that the competence of the general meeting of owners of premises in an apartment building includes, among other things, making decisions on major repairs of common property. As we already found out once, replacing risers refers to selective overhauls, that is, repairs with complete or partial replacement of individual structural elements of buildings and structures or equipment.

Thus, the replacement of risers falls within the competence of the general meeting. The decision of the general meeting, properly executed, is mandatory for the management company. She does not have the right to appeal it even in court, since housing legislation reserves this right only to the owners.

However, the meeting of owners is the highest governing body of the house and should resolve only the most important issues. In the case under consideration, residents of only 10 apartments are interested in replacing sewerage equipment, so the meeting may not have a quorum.

Is it possible to do without calling a meeting? Yes, sure. The collective appeal of residents is an effective argument in relations with utility organizations. It has several applicants and the same subject. We have already told you how to submit an application to the management company. In the case of a group application, you need to draw up one document in two copies and attach to it a bypass sheet with the signatures of the residents (with transcripts). The management organization has no right to ignore it.

In practice, of course, management companies often fail to fulfill their obligations. You can force the Criminal Code to work through control and supervisory authorities (Housing Inspectorate, Prosecutor's Office and others) or the court.

Replacing risers in an apartment building: who should replace them and at whose expense in 2020

A new apartment owner sometimes doesn’t even suspect how many problems he will now have to solve. And one of them, who now has the responsibility for replacing risers in a privatized apartment? After all, along with the living space, communications, including communal ones, also become property.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to find out how to solve your particular problem , contact a consultant:

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All those communications that are located inside the apartment and which only its owner and residents can use do not raise questions about their ownership. This is private property. And the owner can do whatever he sees fit with them. Of course, if this does not lead to damage to the property of his neighbors or their other rights and interests.

The owner of the apartment has the right:

replace old metal pipes with more modern ones;
install new mixers, counters;
increase or decrease the number of plumbing fixtures;
change batteries, etc.

He does all this of his own free will and at his own expense. This does not raise any surprise or doubt about the legality of such actions. Ownership includes the ability to make such changes and improvements.

But when it comes to replacing risers, that is, those thick pipes that connect all floors and apartments into a single whole, opinions differ.

Residents believe that the management company is responsible for the common property, but that company says that since this is the common property of the apartment owners, everything related to the replacement or repair of pipes is their responsibility. Let's try to figure out who is right.

It is worth remembering that in addition to the right of ownership, there is also the so-called owner’s burden, which consists of the need to maintain one’s property in good condition and pay for its maintenance.

Including for:

water;
sewerage;
gas;
other benefits of civilization.

They, as it turns out, relate to common property belonging to all owners. That is, those pipes in the apartment are personal, and the risers are shared.

The legislation confirms this. In 2006, the government approved the Rules regarding the maintenance of common property.

They list what exactly applies to property recognized as common:

Equipment serving more than one apartment.
Drainage system (i.e. sewerage), etc.

But confirmation of the fact that all pipes, including water, heating, gas and sewer pipes are the property of the residents of the house, does not answer the question of who should change the risers in a privatized apartment? The same document talks about such a concept as repairs (current and major).

The definition of routine repairs given in the Rules for the Technical Operation of Housing Funds includes the following items regarding all pipelines inside a residential building, such as:

installation;
replacement;
restoration of performance.

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According to the Rules, making decisions about the need for routine and especially major repairs lies with all owners.

Owners of apartments and common property are obliged to:

ensure the normal technical condition of common building communications;
make decisions about their repair if the need arises.

But the owners themselves can only repair the equipment that directly serves their apartment. Because it is their private property. And to repair common property, they transfer part of their responsibilities to a management company, which solves all technical problems for them.

This agreement is gratuitous, that is, it implies payment of a certain amount monthly. Its payment is also the responsibility of the apartment owner. In return, he receives technical services for the entire household.

Carrying out all repair work required to maintain water supply, sewerage, heating and other risers in good technical condition is the responsibility of the Housing Office. Or another company with which a corresponding agreement was concluded.

The basis for the work will be:

plan for their implementation;
an act indicating that any part of the riser needs repair to prevent an emergency;
a leak or other problem occurs.

You can contact the housing office with an application, which they are obliged to consider and give a reasoned response.

All attempts to force residents to contact private offices or pay additional funds for repairing risers are illegal. Since this work is already carried out at the expense of the homeowners.

Every month you can see the line “maintenance and repair of housing” in notices for payment of utility services. The amount depends on the square footage of the apartment and the number of residents.

According to the norms of MDK 2-04.2004, there are two lists of works that are included in the rent. This includes:

maintenance of various common property;
technical and other maintenance of communications;
emergency work;
Maintenance.

That is, all replacement, maintenance and repair work is already included in the already hefty rent.

Therefore, the housing office must change the sewer riser in a privatized apartment absolutely free of charge. It's already been paid for.

An exception is the case when repairs are required as a result of unauthorized repairs made by one of the apartment owners or any structural changes to the building's common communications. And if neighbors were injured as a result of such interference, then they will have to be compensated for the damage.

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Let's consider the questions that owners of privatized apartments often ask.

Since the risers located outside the apartments and connecting several of them are common property, the management company (HOA, housing office, housing department, etc.) is responsible for the replacement. At the expense of the funds that come as part of the rent for the “maintenance and repair of the common property of the house.”

Any attempts to force people to pay additionally for this work will be illegal.

When trying to reject a requirement to replace the riser, to defend your position, you should refer to regulatory documents:

rules for maintaining the common property of an apartment building;
Methodological recommendations MDK 2-04.2004.

As proof of fulfillment of your responsibilities for timely payment of utilities, copies of the payment receipt can be attached to the application for repair work.

It all depends on where these pipes are located and how many apartments they serve. All pipes located inside the apartment are replaced at the expense of the owner. Work can be carried out by both management company specialists and other persons on the basis of a civil law contract.

It refers to:

water supply, sewerage, heating pipes;
counters, faucets and plumbing fixtures for individual use.

All common building communications are maintained by the management company at the expense of the apartment owners. Current repairs include replacement of pipes if they are in poor technical condition.

Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

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Sometimes they refuse to carry out major repairs, explaining that there are debtors among the owners who have not made payments for their services. This basis is not a legal reason for failure to fulfill the duties of the Housing Office. Who pays for the replacement of risers Apartment owners contribute monthly funds for maintenance and repairs. That is why all capital work, including replacing the riser, is carried out without raising additional money from the owners. The apartment owners already paid for the repairs. If the housing office offers residents to independently raise money for capital work, then this is illegal. Apartment owners in such a situation can complain about such actions to the prosecutor's office or to the court.

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maintenance of various common property;
technical and other maintenance of communications;
emergency work;
Maintenance.

That is, all replacement, maintenance and repair work is already included in the already hefty rent.

The common property also includes branches from the riser to the first connecting connection. back to contents Who should change? Repairs to common property are carried out by a management company to which residents have delegated the right to manage common property. Replacement of sewer and water risers is carried out by the Housing and Communal Services Management Company, Homeowners' Association or other companies.

water;
sewerage;
gas;
other benefits of civilization.

And here the question arises: who is the owner of those pipes and their branches that are no longer located inside each private apartment, but connect it with utilities that supply water, heat and light to the building itself? They, as it turns out, relate to common property belonging to all owners. That is, those pipes in the apartment are personal, and the risers are shared.

Equipment serving more than one apartment.
Drainage system (i.e. sewerage), etc.

Fast. Gosstroy of Russia dated September 27, 2003 N 170) “...Appendix N 7 LIST OF WORKS RELATED TO CURRENT REPAIRS... 12. When the question is stark: to change risers or not Water supply and sewerage, hot water supplyInstallation, REPLACEMENT and restoration of operability of INDIVIDUAL ELEMENTS AND PARTS of elements internal water supply and sewerage systems, hot water supply, including pumping installations in residential buildings....” “METHODOLOGICAL MANUAL FOR MAINTENANCE AND REPAIR OF HOUSING STOCK” MDK 2-04.2004 (approved.

by order of the USSR State Construction Committee in 2004): “... Appendix 1 LIST OF WORKS INCLUDED IN THE PAYMENT FOR THE MAINTENANCE OF HOUSING 1. MAINTENANCE OF THE COMMON PROPERTY OF A RESIDENTIAL HOUSE (the specified works are carried out only when they are discovered) ... 2.

Housing Code of the Russian Federation), this means that all work on the riser is paid for jointly by all owners of premises in the house. Owners of privatized apartments bear the burden of personal expenses only for intra-apartment pipe distribution. Since all homeowners pay for the common property, we once again focus on who should change the risers in a privatized apartment, and who pays for the replacement of the risers: the management company changes it, all the residents pay, transferring money to it monthly. How to protect your rights As planned, the replacement of heating risers in an apartment is carried out in the spring and summer, but emergency situations can arise at any time of the year. Therefore, without delay, call the emergency team, and then take the application to the housing department to replace the riser.

Such a statement must be made in writing and the response from the management company must also be given only in writing. Of course, not only recipients of benefits for paying contributions for major repairs, but also malicious evaders from them can live in the house.

But this is not the reason for refusing to carry out work to replace the risers. Who should pay for this? Since the amount of monthly contributions that all owners of premises in an apartment building are required to pay has been determined, there is no need to pay any additional funds for major repairs and replacement of risers.

Let us remind you once again that the owners include:

apartment owners on property rights, privatization;
municipal authorities regarding public housing premises.

All of them are required to pay according to the standard established for 1 square meter of living space occupied by a specific apartment.

State Housing Inspectorate
At whose expense are risers and pipes in an apartment replaced? Law 2020

Responsibilities for replacing risers in a privatized apartment The common property includes: e) mechanical, electrical, sanitary and other equipment located in an apartment building outside or inside the premises and serving more than one residential and (or) non-residential premises (apartment); … 5….The composition of the common property includes an in-house engineering WATER RESPIRATORY system, consisting of sewer outlets, fittings (including bends, transitions, pipes, revisions, crosses, tees), risers, plugs, exhaust pipes, drainage funnels, cleanings, BRANCHES FROM RISERS TO THE FIRST BUTT JOINTS, as well as other equipment located in this system.” RULES AND STANDARDS FOR TECHNICAL OPERATION OF HOUSING STOCK (approved.

General information In old houses, sewer risers and pipes in bathrooms are made of cast iron - a reliable, but not the most durable material. Sooner or later, such pipes begin to fail, after which there is a danger of leakage, pipe splitting, property damage and financial liability. In order to prevent sad consequences, the riser and sewer branches should be replaced. In such a situation, owners often make do on their own and change the riser in the apartment themselves. Not everyone knows that sewer and other risers can be replaced at the expense of the management company.

Replacing risers in an apartment building is a process familiar to most property owners. When deciding issues related to the installation of new equipment, the property owner should know whose responsibilities include installing the pipes and at whose expense the procedure is carried out. Responsibilities of the owner and management organization The powers to maintain and repair any equipment located in an apartment building are assigned to both the owner of the living space and the management company to which the building belongs. Here everything depends on the installation location of the elements and devices necessary for the optimal functioning of the building and the apartments in it, as well as whether the equipment is common or personal property.

The homeowner submitting the application must be a bona fide utility payer in order for his application to be accepted and considered. After reviewing the application, a convenient time for the work is agreed upon with the owner.

The riser is replaced by employees of the management company or contractors hired by the management company. The owner must provide free passage to the bathroom in order for the pipes to be replaced.

How much does it cost to replace a sewer riser in an apartment? The owner is not required to pay additional funds when replacing the riser or branches from it before the first connecting connection. The approximate cost of replacing a sewer riser in one apartment is from 4 to 7 thousand rubles.

Despite the fact that most residents are the owners of their apartments and pay for general building needs on a monthly basis, direct replacement of risers and other water supply elements is carried out by representatives of the management company (MC). Their actions are based on the regulatory framework of the laws of the Russian Federation. However, not many apartment owners know their rights if it is necessary to replace common communication elements located in their apartments.

The solution to replacing risers in an apartment building, the identification of responsible persons and the rules of behavior in conflict situations will be given below.

The regulatory framework for the replacement and repair of the water supply system is regulated by:

rules for the maintenance of property located in the common possession of the apartment building (RF RF No. 491 dated 08/13/20016);
standards for the technical use of housing stock (Resolution of the State Construction Committee of the Russian Federation dated September 27, 2003 No. 170);
methodological manual for the operation, maintenance and repair of housing stock MKD 2-04.2004.

Are the risers of apartment buildings personal or common property? The question is relevant when the need arises to replace it. According to RF PP No. 491, all pipe branches from the riser are under the responsibility (operation, repair and replacement) of the apartment owners, and therefore payment is made at their expense.

But communication systems are common property and all responsibility for their maintenance and repair rests with the management company.

It is a mistake to believe that if the common water risers are used by the residents of the apartments of an apartment building, then the responsibility for replacing them rests entirely with them. Ignorance of the regulatory framework of the Housing Code leads to unnecessary waste of money from the pockets of owners.

Decree of the Russian Federation No. 354, Article 149 (dated May 6, 2011) and Article 161 of the Housing Code of the Russian Federation state that repairs, as well as complete replacement of risers in an apartment building, are the responsibility of the Management Company assigned to a specific building.

Every month, each apartment owner receives a receipt for utility bills, which contains the column “maintenance and repairs.” For those funds that come from residents from paying receipts, in particular for maintenance and repairs, all preventive and repair work must be carried out.

Consequently, in the event of a pipe break or other damage to the riser, the housing office is obliged to carry out repair work without charging residents (the reverse action is illegal).

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According to the standards for replacing risers in an apartment building, they must be replaced in two cases:

Expiration of the operational life of the metal structure.
Complete renovation of the apartment's bathroom.

Living conditions provide for 2 modes of pipe replacement:

The warranty period for pipes in apartment buildings is at least 25 years. Even if after this period the structure is intact without leaks, the riser still needs to be replaced.

Increasingly, cast iron pipes are being replaced with polypropylene ones. This is due to a number of advantages of the material:

efficiency;
ease;
strength;
environmental safety;
resistance to deformation from thermal effects;
resistance to corrosion and other influences;
sliding structure of the internal walls, which prevents plaque formation;
long service life: from 50 to 100 years.

The process of replacing a riser in an apartment building is the direct removal of the old structure for a new one. However, this is not all that is included in the concept of “replacing a riser in an apartment building.”

First, you need to contact the management company and write an application to replace the pipe. The applicant will receive a satisfactory answer if the document is drawn up correctly and the facts supporting it do not raise doubts.

On the appointed day, representatives of the management company turn off the water in the risers and drain the remaining water. After this, craftsmen come from the management company or organization with which the management company has entered into an agreement. They carry out all the necessary procedures for replacing a faulty riser pipe in an apartment building.

The master uses a grinder to cut out old pipes.
Makes markings for new branches.
New pipeline structures are being installed.
They run water to check the tightness of all joints of the new riser.

By law, all necessary elements of the communication system that need to be replaced are delivered to the owner’s apartment. However, situations are not uncommon when the tenant himself, in whose apartment the installation is to be carried out, pays for all consumables and the element of the new pipe itself. By law, all expenses of the owner must be included in the payment of the receipt for the maintenance of common property for the next month.

A break in the water riser in one apartment requires its immediate replacement. Before carrying out repair work, the owner of an “emergency” apartment must discuss this action with the neighbors of the upper and lower floors. The fact is that the pipes are in a worn state along their entire length, despite the fact that the breakthrough occurred in a certain place. And for reliability, they should be replaced completely, in all apartments. If the neighbors disagree, the installation of a common water supply channel will be carried out only in one apartment.

The next step is to contact the Criminal Code. Their powers include shutting off the riser and draining the water. Next, complete or partial (in a separate apartment) installation of pipes takes place.

The sewer riser belongs to the common property of the house, even though it passes through a private apartment (according to Article 290 of the Civil Code). Also, the RF PP No. 491 clause 5 dated 08/13/2006 states: “... the common property includes the drainage system, that is, the sewerage system...”.

Consequently, the management company is responsible for the installation and repair work of the sewer riser in an apartment building. For all the necessary consumables that will be required during the replacement process, as well as for the repair itself, apartment residents pay for it, paying monthly sums of money for receipts with the column “maintenance and repair of housing.”

On the day the sewer riser is replaced, the apartment owner does not have to pay anything.

But, if previously the owner of the apartment independently replaced the sewer pipe, and this fact is proven, then the owner is obliged to fully pay for the subsequent installation of this element of the communication system.

Before starting repairs to the sewer riser of an apartment building, a resident must:

Visit the management company and leave an application for replacement of the emergency element.
Draw up a report with a representative of the service organization, which will describe the condition of the sewer riser and (recommended) attach a photo.
Specify the date and time of the work to be carried out, and notify neighbors about it in a timely manner.
Determine the material of the structure that will be installed in place of the old one, as well as some nuances.

At the appointed time, repairmen come and carry out all the necessary actions to replace the sewer riser.

Upon completion, a “Certificate of Work Completed” is drawn up between the management company and the repair organization. The owner of the apartment should also keep a copy of this act.

The answer to the question regarding payment for replacing a riser in an apartment building is contained in Government Decree of the Russian Federation No. 491 dated August 13, 2006. The document determines what is common property, who is responsible for its maintenance and accordingly pays for its repair and replacement.

According to PP No. 491 and its section “Rules for maintaining the property of an apartment building,” each apartment owner pays for the maintenance and repair of all communications in the building. The same information is contained in Article 158 of the Housing Code of the Russian Federation “Expenses of owners of premises in an apartment building”: all owners of apartments in apartment buildings are involved in the costs of maintaining and repairing common property.

Thus, all costs for replacing the water supply riser in an apartment building are paid by the housing and communal services from the funds that all apartment owners contribute monthly, depositing money for receipts for the maintenance of common property.

Upon completion of the installation of the MKD water riser pipe, a “Certificate of Work Completed” must be drawn up, which will state the following:

date of drawing up the contract;
serial number of the agreement according to which the act is issued;
the volume of work performed and all actions taken;
cost of work;
name of the person performing the repair work;
signatures of the contractor and the customer.

This document is made in 2 copies, one of which is given to the contractor, and the second remains with the customer. The contractor is the organization that replaces the damaged element. The customer can be the management company (in which case one copy remains with them and is not given to the owner of the apartment) or directly the owner of the property.

Even if the agreement was drawn up by a representative of the management company and the repair company, the apartment owner should make himself a copy of this act.

“Is it possible to refuse to replace the riser?” - a pressing question for those residents who have undergone a major renovation of the apartment, because the proposed general house procedure implies some damage to the owner’s property in the bathroom. Is it possible to write a refusal?

Based on the information contained in clause 5 of PP No. 491, risers in apartment buildings are common property. According to the law, none of the residents has the right to prevent representatives of the contractor (MC), as well as emergency services, State control and supervision authorities from inspecting the current condition of communication equipment and carrying out repair work. A control inspection should be carried out no more than once every 90 days, and in case of an emergency - at any time.

Thus, apartment owners do not have the opportunity to refuse to replace common communication systems in an apartment building. In response to the refusal, the management company or HOA has the right to sue.

When replacing a riser in an apartment, its owner may encounter situations that prevent repair work . Conflict cases may be as follows:

Refusal of the management company to replace faulty equipment.
Neighbors disagree with replacing the riser in an apartment building.

There is no point in delaying their decision, especially if replacement of the emergency element is required in the very near future.

When contacting the management company with an application to replace the riser in an apartment building, you may encounter a refusal to carry out the work. The reasons may be different, but most often the management organization refers to the serviceability of the communication system. In this case, the owner has every right to sue the management company, as well as to recover monetary compensation from them for the damage caused.

A common emergency pipeline often leaks not only in one apartment, but also in neighbors above or below. Or the riser is in unusable condition and requires a total replacement, and not just a separate “fragment”. Therefore, installation should be carried out in several apartments. But there are often cases when some of the owners refuse to carry out the necessary work.

It is possible to solve the problem through conversations, but they do not always lead to the desired result. In this situation, the best solution would be a trial. But it is not other apartment owners who must apply to the court, but the management company. In his application to the judicial authorities, the representative of the management company puts forward a demand to the court to force the owner to replace the riser.

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Litigation is not a quick process, but it is effective. According to his decision, the owner obstructing the repair undertakes not only to allow repairmen to replace the pipe, but also to install the concealing box (if there is one). The judge can significantly speed up the process of the case by satisfying the plaintiff’s request in accordance with Art. 212 of the Civil Procedure Code.

If the emergency riser is replaced poorly, the apartment owner has the right to file a complaint against the organization responsible for this matter. The complaint is submitted in writing to the State Housing Inspectorate of a specific region of Russia. It indicates the name and address of the owner where the emergency water riser is located.

The complaint consists of a statement and a request. The application must refer to Art. 161 of the Housing Code of the Russian Federation “General requirements for the management of an apartment building” and indicate that the repair work did not eliminate the emergency situation. The petition contains the applicant’s request to oblige the management company to correct the problems in accordance with the standards.

It would not be amiss to attach to the complaint photographic materials proving poor quality work, as well as an act drawn up between the tenant and the management company.

Government Decree No. 290 (dated 04/03/2013) adopted in 2013 “On the minimum list of services and work required to ensure proper maintenance of common property in an apartment building, and the procedure for their provision and implementation” obligated management services or HOAs to clean the entrances of apartment buildings .

Hygienic measures at the entrance, carried out by a cleaner hired by the management company, must be carried out daily. Is it within her powers to clean common areas in the event of flooding due to a burst riser?

When an emergency occurs and the water riser or sewer system breaks in the owner’s apartment, the tenant of the apartment himself eliminates its consequences, even if the fault for what happened lies with the management company. Moreover, water removal must be carried out immediately so as not to flood the neighbors below.

If the flood occurred in the basement or entrance, then eliminating and cleaning up the consequences is the responsibility of the management company.

Property owners in an apartment building can no longer cope without an installed sewerage system, water supply and heating system. Only any communications need to be repaired periodically.

Even a non-professional will be able to do internal pipe routing, but he is unlikely to be able to replace communications along the riser.

If you want to find out how to solve your specific problem, please contact the online consultant form on the right. It's fast and free! Or call us at :

At whose expense is the replacement of risers in an apartment building carried out?

Many people ask the question: who should pay for the replacement of risers in each individual apartment? People still continue to argue about this, but they cannot come to a consensus. Only lawyers can solve this riddle. However, first you should familiarize yourself with all the various versions being discussed.

Some believe that all residents are required to pay equally for the replacement of the riser. According to another version, only those citizens who express a desire for a replacement should pay for this.

There is also an assumption that the developer must carry out these repairs. In this case, people would not have to pay for anything at all. So which of the judgments is true?

The heating riser burst: who is to blame, replacement.

Read about who should change the sewer riser in an apartment here.

There can be only one answer: the housing maintenance office must replace risers in apartments at its own expense, without involving citizens in this. There is a legal basis for this judgment.

As for the water supply or sewerage system in multi-storey buildings, these are public facilities, although they are relevant to each property owner individually. This statement is enshrined in law; you just need to read Art. 290, 292 of the Civil Code of the Russian Federation and paragraph 5 of Art. 36 and art. 155 Housing Code of the Russian Federation. But everyone is ready to pay for this service out of their own pocket.

Every month in rent receipts you can find the amount that is collected from citizens for the maintenance and repair of the same risers and pipes. Therefore, when an unexpected breakthrough or other emergency occurs, the housing office must urgently replace it. The housing office has no right to demand money from people, since they have paid everything in advance, and maybe even for several years in advance.

If you receive a refusal, you should request it in writing. Now, having in hand a document in which the Housing Office refuses to replace the risers, you can go to court. True, you will probably have to wait more than one year until the court makes a decision. In this case there are only two options.

Firstly, you can wait for a serious accident, as a result of which the entire entrance will be flooded, and the repair team will have to do their job. Although in some cases, housing office workers simply weld the problem area, instead of replacing the riser completely.

Secondly, you can organize a general meeting of apartment owners and resolve the issue of high-quality replacement of pipes, but at your own expense. You will have to pay 3-5 thousand rubles from each apartment. In addition, you can solve the issue with pipe routing, which is missing in the bathroom.

Each house has risers installed:

heating system;
sewer;
for supplying hot and cold water to the apartment.

Each of them must be replaced in a certain sequence. The following list of works is expected:

covering the riser being repaired. In any case, when it comes to water supply pipes, you still need to wait until the remaining liquid flows through the system. If we are talking about replacing a sewer riser, then you need to warn all residents of the house so that no one drains the water at this moment, and shut off its supply;
removal of old pipes, dismantling. You should agree with the management company to use professional plumbers, since old pipes will have to be removed from the interfloor. This is a very labor-intensive procedure, especially if the pipes were made of cast iron;
installation of new pipes. At this moment, you need to open the water and monitor the water supply process for leaks.

The best option is to simultaneously replace communications throughout the house. This will allow you to avoid future possible leaks and emergency situations that may arise after installing a new riser in only one specific apartment.

Although the principle of work for replacing communication systems is the same everywhere, there are still some peculiarities.

When replacing the heating riser, you must:

notify the management company about the need to turn off the heat supply. Without certain knowledge regarding the location of the valve itself, you will not be able to close the riser;
when connecting the batteries, you need to think about installing shut-off valves, so that in case of a leak you will not have to shut off the heat supply to the entire house;
When replacing pipes, you should not resort to extreme measures and narrow their diameter, otherwise a breakthrough may occur, given the certain pressure in the central heating system.

When replacing a water riser, the correct type of pipe is of particular importance. There is a difference between the supply of cold and hot water, since in the second case there is a need to install reinforced plastic pipes. They will not deform at high temperatures.

It is better to carry out the procedure for replacing pipes throughout the house, but if the neighbors do not want to do this, then the master must cut off the old pipe in the apartment in front of the ceilings, upper and lower. Next, special fittings are installed.

When replacing the entire riser, it is necessary to ensure that dismantling is carried out starting from the apartment on the top floor. However, installing a new riser definitely starts from the bottom.

In the case when the neighbors are in no hurry to replace the riser, you can simply cut off the pipe at the floor and ceiling, and then install a branch that is installed in the remains of the old pipe.

If you want to find out how to solve your specific problem, please contact the online consultant form on the right. It's fast and free! Or call us at :

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