Unfortunately, the bay of the apartment with neighbors from the top floor is not such a rare occurrence in our time. This situation is a serious stress not only for the victims, but also for those responsible. After reading this article, you will learn how to act in such cases.
The most common circumstances in which flooding occurs
It should be understood that the cause of such troubles is far from always being neighbors who forgot to turn off the faucet in the bathroom or in the kitchen. Often the gulf of an apartment occurs due to circumstances completely beyond our control, which include:
- breakthrough of sewer or water pipes. In such a situation, not only ceilings, floors and walls can be damaged, but also the interior of the apartment;
- breakthrough of the heating system;
- poor-quality waterproofing of the walls and roof of the house;
- gross violations of safety requirements during repair work.
In addition, the illegal actions of unconscious neighbors and negligent masters who did not block the riser deserve special attention. Sometimes, as a result of such actions, not only people living on the floor below can suffer, but also a whole staircase.
What to do in case of flooding?
The first thing to do, having realized that the apartment has been flooded, is a call to the emergency dispatch service. The specialists who arrived at the call will help to more quickly localize the causes of the flood and significantly reduce the size of the damage caused.
After this, you need to try to find the cause of the bay yourself. To do this, you need to visit the people living above your apartment and make sure that they are not the source of your troubles. However, you can inspect their home only with the consent of the owners.
Having dealt with the reasons and, if possible, eliminating them, you should as soon as possible contact the organization involved in the maintenance of your home and ask them to send a commission to your address to draw up the relevant act.
How to draw up a document confirming the fact of flooding?
First of all, you need to understand that the preparation of such an act should be carried out by representatives of the local DEZ, ZhEK or other service organization. The document should record as accurately and thoroughly as possible all damage to the residential premises and property located therein. It does not hurt to attach pictures of a flooded apartment to it. In addition, the act must not only state the reasons, but also name the alleged culprit, whose actions provoked the gulf of the apartment. The commission should write a conclusion about who, in their opinion, should pay for the liquidation of the consequences of what happened.
An act drawn up in triplicate must be signed by each participant in the inspection of damaged housing. If the alleged culprit categorically refuses to put his autograph, then in the document you need to make an appropriate note, certified by the signatures of the commission. One of the copies must be stored in the hands of the injured party.
At what stage should an independent examination of the apartment bay be carried out?
In most cases, the need to confirm the damage arises long before applying to the courts. It is advisable that an assessment of the apartment’s bay be carried out one to two days after the incident. By that time, the structures and walls will have time to dry out a little, and it will be possible to conduct an examination without hindrance.
If you missed the right moment, then this can be done while considering the essence of the appeal. In order to assess the damage from the bay of the apartment at this stage, it is enough to apply for the purpose of this study. Moreover, any court has the right to oblige one of the parties to the judicial process to execute this decision.
How long will it take for the examination?
With each inhabitant of an apartment building, such a nuisance as a gulf of an apartment can happen. How is the assessment of losses incurred, we have already figured out. Now it's time to talk about the timing of additional research. It should be understood that the speed of the examination is affected by the degree of workload of the specialist conducting these works. Theoretically, all this takes no more than three days. But in practice, things are somewhat different. In fact, this procedure can stretch even for several weeks. It is important that the expert travel to the scene as soon as possible in order to take the necessary measurements and take pictures. In the process of a comprehensive study, not only the floor, ceiling and walls are examined, but also checked to see if the quality of the wiring, windows and doors was damaged. In the event of damage to household appliances, the expert must determine its value.
What is the depreciation of materials and the condition of housing before the flood?
Some mistakenly think that to assess the extent of damage, it is enough to write a statement about the gulf of the apartment and draw up a construction estimate. In fact, it is still necessary to take into account the initial state of the housing and the degree of its deterioration.
The norms and rules of valuation activities allow to calculate depreciation of 60-70% in cases where it is possible to buy similar property in approximately the same condition. This means that very modest compensation is charged for damage to outdated flooring, heavily worn furniture and old household appliances. As a rule, this is how insurance companies operate, which are not interested in huge expenses. In this case, the court will help.
Bay of apartments: is it possible to get moral compensation?
In accordance with Russian law, the injured party has the full right to compensation not only for material but also for moral damage. However, this can only be done if there is strong and irrefutable evidence of the infliction of physical or moral torment.
In practice, this can only mean that the inconvenience and stress caused by the apartment bay are unlikely to be compensated. The court may oblige the culprit to pay for the treatment of diseases resulting from a long stay in the water. Owners of commercial real estate and owners of housing on the balance sheet of a legal entity are entitled to reimburse compensation for lost profits.
Pre-trial and judicial compensation for damage
Depending on the circumstances of the cases and on the intentions of the injured party, this issue can be resolved in two ways. Of course, it is best to solve everything peacefully with the help of the so-called pre-trial claim. When compiling it, the text must include the names of the conflicting parties, a detailed description of what happened, information about the examination, the amount of losses, terms and requirements regarding financial obligations. The claim thus drawn up should be forwarded to the defendant.
This paper can be considered a kind of warning to the guilty party that, in the absence of proper reaction, the victim will file an application with the court. It should be understood that the claim must be considered within 30 days. If during this time the injured party does not receive a response, then it has the right to file a claim.
Is it possible to dispute the conclusions of an expert assessment of the damage caused and how to do it?
As a rule, the expert evidence is considered the main evidence during the trial. His findings are based on the study of acts, photographs and other documentary evidence of damage. The main purpose of this study is to determine the causes of flooding and the cost of repair work.
In practice, it often happens that the injured party strongly disagrees with the conclusions of the examination. It happens that a specialist chooses the wrong assessment methodology or uses very outdated data on prices for building materials. In such cases, the total amount determined for compensation often does not correspond to the real cost of the repair.
It should be understood that no court will take into account oral statements regarding a biased examination. To challenge its results, indisputable evidence is required, presented in writing. As a confirmation of the unfairness of the conclusions of the commission, you can use a new kind of research - the assessment of expert opinion. Immediately make a reservation that a specialist engaged in such work does not calculate the cost of repair work. It only provides answers to questions related to the correctness of the initial calculation of the amount of damage caused and the relevance of the methods and statistics used for this.
In order to conduct a review, the affected party must provide not only defective statement and the act of flooding the apartment, drawn up and signed by representatives of the managing organization, but also photographs that depict damage to housing resulting from the flood.
