Who is responsible for a battery failure in an apartment?

Battery in an apartment: whose property?

Government Decree No. 491 of August 13, 2006 determined the composition of property that is considered common. According to this regulatory act, the common property of an in-house heating system includes:

• risers;
• heating elements;
• control and shut-off valves;
• collective heat metering devices;
• other equipment located on these networks.

However, when the need arises to change the batteries in an apartment (especially in a privatized one), both the owner and the management company interpret the legislation in their own interests. Due to regular judicial appeals, the need arose to clarify the normative act.

To clarify the controversial situations, the Ministry of Regional Development of the Russian Federation sent letter No. 6037-RM/07 dated April 4, 2007, in which batteries in apartments are recognized as included in the common property of the building. Of course, it is not in the interests of the management company to convey this information to the owners of privatized apartments. Therefore, homeowners are often forced to replace the battery in their apartment at their own expense.

Cement-plaster dressing to eliminate leakage of the heating radiator

• cement;
• alabaster (plaster);
• container with water;
• salt;
• medical bandage

To eliminate the leak, a bandage is applied to the damaged area.

• dilute cement in a container with water to the consistency of thick sour cream;
• cut the bandage into strips 25-30 centimeters long;
• thoroughly soak the bandage with the cement mixture;
• wrap strips around the damaged area.

The process is repeated until a durable bandage is obtained.

If it was not possible to turn off the water, then instead of cement you need to use alabaster, which dries much faster. Then a cement bandage is applied to the plaster cast.

If the heating battery leaks at the threaded connection, you can use salt:

• wet strips of cloth or bandage in water;
• roll the material thoroughly in salt;
• wrap the leak area.

The gap will close as a result of the salt dissolving in the water. A cement bandage is applied on top.

At whose expense are the batteries in the apartment replaced?

Since batteries in an apartment are recognized as the common property of an apartment building, financial responsibility for their replacement or repair falls on the management organization. But there is one nuance here too.

If there is a tap on the branch from the riser of the common house system, with which you can turn off the system in the apartment, then battery maintenance becomes the responsibility of the owner.

In all other cases (it doesn’t matter whether your apartment is municipal or privatized), repairs and replacement of heating equipment are carried out at the expense of the management company. Payment comes from the accounting item “Routine repairs and maintenance of the house.”

Simply put, if your battery is leaking, the management company will replace it. You need to call a specialist, and he is obliged to replace the device free of charge.

It would seem nothing complicated. But in practice, things often happen differently. The management company's employees may say that they do not have a replacement battery. They may offer to repair the old device or install plugs and ask you to wait. This wait usually drags on. Therefore, the owner cannot stand it and purchases a battery at his own expense, because no one wants to freeze in the cold season.

If you nevertheless changed the battery in the apartment at your own expense, you have the right to demand compensation from the management company through the court. However, practice shows that such disputes are rarely resolved in favor of the owner. If you find yourself in this situation, it is advisable to contact a lawyer for professional help.

Dear readers! We cover standard methods for solving legal problems, but your case may be unique. We will help you find a solution to your problem for free

— simply call our legal consultant at:

+7 (499) 391-70-75 (Moscow)

+7 (812) 305-27-75 (Saint Petersburg)

8 (800) 550-97-45 (free call within Russia)

It's fast and free ! You can also quickly get an answer through the consultant form on the website.

The battery is leaking

It is impossible not to notice a leak in the heating system battery. Moreover, many people get lost in a situation when a stream or a fountain with hot water suddenly appears in the middle of the apartment. It is necessary to take control of the situation and carry out the following procedure before the specialists arrive.

The first thing to do in a critical situation is to dial the emergency dispatcher and report the accident. You should then try to ensure water collection by placing a basin or other container under the radiator. However, be prepared for the fact that the boiling water under pressure will be uncontrollable, it is extremely difficult to collect it in a container, and not everyone will dare to get close to the hot stream, risking getting burned. It wouldn’t hurt to warn the neighbors on the floor below about the accident.

Experts recommend covering the leak area with a large piece of thick, heavy fabric or a blanket. This, of course, will not close the hole in the battery, but it will reduce the flow of water, make it manageable, protect your property from damage, and the neighbors on the lower floor will have fewer problems.

The fact is that a repair team is not an emergency medical service, and you shouldn’t count on it to appear quickly enough. In some cases, you can try to eliminate or reduce the leak on your own, at least for a while. The most common situation is when a leak occurs at the pipe connection. This is where a wire and a piece of strong flexible rubber can come to the rescue, which should be secured around the leak. A skilled owner will probably find a clamp in his household, either an automobile or a plumbing one, which will significantly improve the tightness of the connection.

A small leak in the heating radiator itself (with the exception of those made of cast iron) can be eliminated using a fairly effective technique: screw a self-tapping bolt into the fistula. Until the emergency team arrives, this can significantly help stop the flow. If water from the battery slowly oozes at the sectional joints, then in this case you can apply bandaging using epoxy-based glue, or any other one with heat- and moisture-resistant properties. When the mass hardens, the path of water will be completely blocked.

All of the measures described above are classified as temporary, and serious repairs and installation of new batteries should be carried out by specialists. To eliminate the leak, it may be necessary to shut down the system to replace battery sections, pipes, use welding work, etc. You should listen to the recommendations of professionals who will also conduct a consultation and advise which radiators are considered the most reliable and durable today.

What threatens the owner if he unauthorizedly changes the location of the battery?

In accordance with current legislation, moving a battery is a reconstruction of a living space. This means that the property owner must coordinate everything with the local administration before taking this action. It is necessary to provide a ready-made technical plan, transfer project, etc.

If the heating radiator was moved illegally, that is, without approval, then you face liability under the Administrative Code. Penalties are 1-1.5 thousand rubles, and there will be a court decision to bring everything back to its original state.

When the transfer is accompanied by the installation of another battery (not initially planned), the management company has the right to charge additional heating fees due to an illegal connection to the heating system. Additional fees are charged according to the standard, which is increased by 10 times.

How to write a complaint correctly

If the apartment has poor heating, or no heating at all, the tenant of the apartment should file a complaint and submit it to the organization that reviews such applications and resolves issues with the management company - Rospotrebnadzor.

Complaints about the lack of heat supply can be found here.

In order for the application to be accepted and the issue resolved, it is necessary to correctly draw up the complaint. The statement states the following:

1. Name of the organization and full name of the official to whom the complaint is being submitted.
2. Last name, first name and patronymic of the resident, address of the house.
3. Information from the service agreement concluded with the company.
4. The reason for the request is to write that the batteries were turned off during the heating season.
5. Indication of regulations that contain rules protecting the rights of citizens.
6. The applicant's requirements are a request for an inspection.
7. Date of application.

The regulatory act regulating issues with heating of residential apartments is Decree of the Government of the Russian Federation No. 354 - on the provision of utility services.

How to change heating batteries in an apartment without breaking the law

Note! Heating appliances should only be changed by an experienced technician. The slightest violations can lead to negative consequences for the property owner.

If heating radiators are noted in the registration certificate for the property

Review the technical data sheet; if it accurately indicates the radiator location zones, then any changes, be it replacement or relocation, will become a housing reconstruction with all the ensuing consequences. According to the Housing Code of the Russian Federation, Art. 26, reconstruction is required to be carried out in “compliance with the requirements of the law in agreement with the local government body on the basis of a decision made by it.”

This means that you need to obtain a permit , for approval of which the local administration requires the following list of documents :

• application from the apartment owner;
• documents confirming the ownership of the apartment where reconstruction work is supposed to be done - these can be originals or notarized copies;
• reconstruction project, previously prepared and executed in accordance with the procedure established by law;
• technical passport of the apartment where the work will be carried out;
• if the apartment is municipal, rented under a social tenancy agreement, the written consent of all family members of the tenant, both present and temporarily absent, is required;
• If the property is classified as an architectural monument, cultural or historical heritage, or the house where the apartment is located falls into these groups, it is necessary to obtain permission from the authority for the protection of architectural monuments, historical and cultural heritage - permission is issued to allow the planned work (reconstruction) to be carried out.

Sometimes a technical passport or a conclusion from the body for the protection of architectural monuments, cultural and historical heritage are not provided - local administration bodies have the right to request documents on their own, but in this case the apartment owner loses a lot of time due to bureaucratic delays. If the ownership of a real estate property is recorded in the Unified State Register of Real Estate and Transactions with It, then it is not necessary to provide title documents for the apartment to local authorities, but time will also be lost on inquiries.

The period for making decisions on the application is no more than 45 days from the date of submission of the package of documents. Approval means permission for housing reconstruction work, refusal means a ban. But the refusal can be appealed in court. After the reconstruction work has been carried out, the commission accepts the equipment into operation and issues a certificate stating that all work was carried out correctly and the heating devices are suitable for use.

What are the responsibilities of management companies? New professional standards for housing and communal services

If work on replacing or moving a battery is carried out without approval or permits, it is recognized as unauthorized and punishable by fines.

In some cases, obtaining documents to legitimize the procedure can be obtained in court. But all factors will be considered, including the conclusion of a technical examination. But the conclusion is not always issued in favor of the property owner, since all technical standards must be met, and in the absence of experience and knowledge, it is difficult to carry out work without violations.

In what cases can they refuse and what to do?

If the owner of the apartment independently, without the consent of the utility services, replaced the heating radiators, then he has no right to claim free repairs and maintenance.

Many apartment owners do not hesitate to replace outdated cast iron radiators with newfangled bimetallic ones. They don’t even suspect that in an apartment building, heating is a single system, in the coordinated operation of which every element participates. The entire system is designed on the basis of engineering calculations and you cannot simply move the radiator at will, dismantle it or replace it with another one.

Where to go if the battery is disconnected

If there is no heat in the room, when the heating system is turned off, citizens must file a complaint with the appropriate authorities:

1. Housing inspection.
2. Rospotrebnadzor.
3. Prosecutor's office.
4. Court.

Actions to take:

The complaint can be written by hand or printed, but it must contain the signatures of all residents of the house who do not have heating.

Moscow

Hotline numbers in Moscow where you can call to submit a heating complaint:

Additionally, there is a 24-hour telephone line from the Moscow Housing Inspectorate - 8 (495) - 681 - 77 - 80.

You can call MOEK at the number - (495) - 539 - 59 - 59. By calling this number, you can report existing problems with heating.

Citizens have the opportunity to send a complaint by Russian Post to the address: Moscow, index – 129090, Prospekt Mira, building 19.

Some time after the application, a specialist will call the owner of the apartment to set a date for the inspection.

St. Petersburg (SPb)

Residents of St. Petersburg can send complaints about cold radiators to the hotline, after which specialists will visit their home to check the heating equipment and solve the problem.

Phone numbers:

You can submit a complaint through your personal account on the website of the St. Petersburg Housing Committee. To do this, you need to log in or log in through the State Services portal.

In accordance with the Rules for the Provision of Public Utilities, owners of residential premises, after discovering the fact of insufficient heat supply, can file a complaint with the emergency dispatch service or other service.

The date from which the supply of services of inadequate quality will be counted is the day of the examination.

Residents of St. Petersburg can submit an application by phone, or contact directly the State Housing Inspectorate at Malookhtinsky Prospekt, 68.

Rospotrebnadzor in St. Petersburg is located at:

There are several ways to file a complaint with Rospotrebnadzor - by mail or in person.

Video: what to do if the batteries do not heat up