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Again, cold winters in the year.
09/10/2019
At the beginning of the heating season in the apartments often breaks the battery. It is necessary to react quickly and accurately immediately after the incident.
Srbui Ivashchenko, a leading lawyer at the Europear Legal Service, told the newspaper in Moscow what steps to take to seek compensation from the perpetrators.
STEP 1: CONTACT THE CONTROL ROOM
It is necessary to quickly cut off the water. To do this, you need to call the emergency dispatching service: usually the phone is listed on the information sheets at the entrance. It is important to record the date and time of the call, the surname, name and patronymic of the dispatcher, the number of the application. After that, the emergency service should come and block the riser.
STEP 2: PHOTOGRAPHING WHAT HAPPENED
Not all the effects of the Gulf are immediately visible: many become apparent only after it dries up. However, you can start shooting the incident immediately, and paying attention to both the large and General plan.
Fix on the photo and video the place of the battery breakthrough and the damage caused. If there is opportunity, is worth invite staff CC immediately and draft with them the first an act of about Gulf, listing in it all damage. If the UK staff can't come, you can invite two neighbors.
STEP 3: DRAWING UP THE ACT
It is important correctly and on time draft an act of about infliction damage life, health and property consumer, common property ownership facilities in MKD. Must be the apartment owner and representatives of the UK. As a result of the inspection of the premises, the fact of damage is recorded in the act, the reason (for example, a radiator leak) is indicated and damage to property is listed.
According to the leading lawyer of the European Legal Service srbui Ivashchenko, it should be drawn up no later than 12 hours after the appeal to the control room. The act will play an important role in the court if it comes to that.
It is important to reflect in detail in the act all the damage, says Lada Gorelik, lawyer, managing partner of the Moscow bar Association "Gorelik and partners". Feel free to request changes to this document.
If the Board of UK refuse to do so, the user puts his signature in the act of writing and records its observations in the document (on all instances), says Srbuhi Ivashchenko.
At this stage, it is also desirable to carry out photo and video recording and reflect it in the act, advises Alexey Golovchenko, managing partner of the law firm ENSO, President of the Institute for development and adaptation of legislation, head of the regulatory impact assessment Committee of the all-Russian public organization "Business Russia".
The act is made in several copies: one remains at the consumer, one takes away to itself UK. If the apartment is insured, you will need another one for the insurance company. All acts must be signed by the owner (social employer) of the apartment and representatives of the criminal code.
STEP 4: CONTACTING THE INSURANCE COMPANY
If the apartment was insured, you must contact the insurance company with the above act. That is, insurers will work to recover the money from the culprit.
STEP 5: IDENTIFY THE CULPRIT
If the apartment is not insured, you will have to independently determine the culprit of the incident.
Lada Gorelik emphasizes that it is on the plaintiff is the burden of proof of harm, its size and guilt of the defendant.
If on the liner from the riser to the battery there is a shut-off valve allowing to disconnect and dismantle the radiator, then the battery is not a part of the General property of the MCD. In this case, the CC is not responsible for battery leakage.
In the absence of valves (valve) - the battery is part of the General property of the MCD. Therefore, the damage shall reimburse the criminal code, says Srbuhi Ivashchenko. It is regulated by the article 36 of the LC RF, PP. 5 and 6 Rules content common assets in apartment house, approved by the resolution Governments trades abroad from 13.08.2006 # 491. If there are doubts whether the battery belongs to the common property of the MCD, it is worth inviting a technical specialist and issuing an appropriate conclusion.
If the battery was installed directly by the criminal code under a contract with a natural person and the breakthrough occurred due to poorly performed work-responsibility for damage under the law "on protection of consumer rights" should be borne by it as a performer. If the battery was not changed by representatives of the criminal code, then it is necessary to apply for compensation to the firm that installed it.
STEP 6: DAMAGE ASSESSMENT
After drawing up the act, the interested person should contact a specialist appraiser to establish the cost of damage to property and / or the cost of repair of the apartment.
STEP 7: SUBMIT A CLAIM TO THE MANAGEMENT COMPANY
Next, you need to send a claim to the criminal code. She has 10 days to respond. If she refuses to admit her guilt, Alexey Golovchenko recommends to apply for protection to the Committee on construction of the region or municipality, to the housing Inspectorate or to the housing and communal services Department under the administration.
The claim is made in free form. It specifies all contact details, describes in detail the situation and the requirement (preferably with reference to the rule of law), as well as the term of its satisfaction. After the list of applications is compiled. Applications are then attached and documents are stitched.
Mandatory document:
- Bay act,
- expert opinion on damage assessment and repair price,
- a document confirming the ownership of the apartment.
You can attach a photo and any other papers relevant to the case - the more arguments, the better. The claim, together with the applications sent by registered mail with the enclosure list and return receipt requested.
The list and contacts of management companies in the Moscow region can be found here.
STEP 8: APPEAL TO THE COURT
If the requirements were not satisfied by the criminal code in the pre-trial order, you should apply to the court. And at the same time it is possible to file a complaint to a higher instance for the criminal code (for example, in the housing Inspectorate of the Ministry of defense).
For the consideration of such cases often need the presence of special knowledge, so you may need a forensic examination. Forensic experts will assess the cost of the damage or repair, establish the cause of the damage, understand whether the battery belongs to the General property of the MCD, etc.
According to srbuya Ivashchenko, judicial practice in such cases is mostly positive, the main thing is to do everything competently and in a timely manner. There may be a dispute over the amount of damage caused, then the assessment of a professional will be useful.
Moreover, if it is possible to prove that the breakthrough occurred due to increased pressure in the pipes, the court will side with the victims - even if it broke after the locking valve, says Golovchenko. In this case, an expert opinion will also be required.
Srbui Ivashchenko, a leading lawyer at the Europear Legal Service, told the newspaper in Moscow what steps to take to seek compensation from the perpetrators.
STEP 1: CONTACT THE CONTROL ROOM
It is necessary to quickly cut off the water. To do this, you need to call the emergency dispatching service: usually the phone is listed on the information sheets at the entrance. It is important to record the date and time of the call, the surname, name and patronymic of the dispatcher, the number of the application. After that, the emergency service should come and block the riser.
STEP 2: PHOTOGRAPHING WHAT HAPPENED
Not all the effects of the Gulf are immediately visible: many become apparent only after it dries up. However, you can start shooting the incident immediately, and paying attention to both the large and General plan.
Fix on the photo and video the place of the battery breakthrough and the damage caused. If there is opportunity, is worth invite staff CC immediately and draft with them the first an act of about Gulf, listing in it all damage. If the UK staff can't come, you can invite two neighbors.
STEP 3: DRAWING UP THE ACT
It is important correctly and on time draft an act of about infliction damage life, health and property consumer, common property ownership facilities in MKD. Must be the apartment owner and representatives of the UK. As a result of the inspection of the premises, the fact of damage is recorded in the act, the reason (for example, a radiator leak) is indicated and damage to property is listed.
According to the leading lawyer of the European Legal Service srbui Ivashchenko, it should be drawn up no later than 12 hours after the appeal to the control room. The act will play an important role in the court if it comes to that.
It is important to reflect in detail in the act all the damage, says Lada Gorelik, lawyer, managing partner of the Moscow bar Association "Gorelik and partners". Feel free to request changes to this document.
If the Board of UK refuse to do so, the user puts his signature in the act of writing and records its observations in the document (on all instances), says Srbuhi Ivashchenko.
At this stage, it is also desirable to carry out photo and video recording and reflect it in the act, advises Alexey Golovchenko, managing partner of the law firm ENSO, President of the Institute for development and adaptation of legislation, head of the regulatory impact assessment Committee of the all-Russian public organization "Business Russia".
The act is made in several copies: one remains at the consumer, one takes away to itself UK. If the apartment is insured, you will need another one for the insurance company. All acts must be signed by the owner (social employer) of the apartment and representatives of the criminal code.
STEP 4: CONTACTING THE INSURANCE COMPANY
If the apartment was insured, you must contact the insurance company with the above act. That is, insurers will work to recover the money from the culprit.
STEP 5: IDENTIFY THE CULPRIT
If the apartment is not insured, you will have to independently determine the culprit of the incident.
Lada Gorelik emphasizes that it is on the plaintiff is the burden of proof of harm, its size and guilt of the defendant.
If on the liner from the riser to the battery there is a shut-off valve allowing to disconnect and dismantle the radiator, then the battery is not a part of the General property of the MCD. In this case, the CC is not responsible for battery leakage.
In the absence of valves (valve) - the battery is part of the General property of the MCD. Therefore, the damage shall reimburse the criminal code, says Srbuhi Ivashchenko. It is regulated by the article 36 of the LC RF, PP. 5 and 6 Rules content common assets in apartment house, approved by the resolution Governments trades abroad from 13.08.2006 # 491. If there are doubts whether the battery belongs to the common property of the MCD, it is worth inviting a technical specialist and issuing an appropriate conclusion.
If the battery was installed directly by the criminal code under a contract with a natural person and the breakthrough occurred due to poorly performed work-responsibility for damage under the law "on protection of consumer rights" should be borne by it as a performer. If the battery was not changed by representatives of the criminal code, then it is necessary to apply for compensation to the firm that installed it.
STEP 6: DAMAGE ASSESSMENT
After drawing up the act, the interested person should contact a specialist appraiser to establish the cost of damage to property and / or the cost of repair of the apartment.
STEP 7: SUBMIT A CLAIM TO THE MANAGEMENT COMPANY
Next, you need to send a claim to the criminal code. She has 10 days to respond. If she refuses to admit her guilt, Alexey Golovchenko recommends to apply for protection to the Committee on construction of the region or municipality, to the housing Inspectorate or to the housing and communal services Department under the administration.
The claim is made in free form. It specifies all contact details, describes in detail the situation and the requirement (preferably with reference to the rule of law), as well as the term of its satisfaction. After the list of applications is compiled. Applications are then attached and documents are stitched.
Mandatory document:
- Bay act,
- expert opinion on damage assessment and repair price,
- a document confirming the ownership of the apartment.
You can attach a photo and any other papers relevant to the case - the more arguments, the better. The claim, together with the applications sent by registered mail with the enclosure list and return receipt requested.
The list and contacts of management companies in the Moscow region can be found here.
STEP 8: APPEAL TO THE COURT
If the requirements were not satisfied by the criminal code in the pre-trial order, you should apply to the court. And at the same time it is possible to file a complaint to a higher instance for the criminal code (for example, in the housing Inspectorate of the Ministry of defense).
For the consideration of such cases often need the presence of special knowledge, so you may need a forensic examination. Forensic experts will assess the cost of the damage or repair, establish the cause of the damage, understand whether the battery belongs to the General property of the MCD, etc.
According to srbuya Ivashchenko, judicial practice in such cases is mostly positive, the main thing is to do everything competently and in a timely manner. There may be a dispute over the amount of damage caused, then the assessment of a professional will be useful.
Moreover, if it is possible to prove that the breakthrough occurred due to increased pressure in the pipes, the court will side with the victims - even if it broke after the locking valve, says Golovchenko. In this case, an expert opinion will also be required.