If the riser in the apartment is leaking. Who should change the sewer pipes in the apartment? Who should change the sewer riser in an apartment?

In this article we propose to discuss who should change the risers in an apartment building. Some individuals, buying housing in old houses, do not even think about how many problems they may have with the water supply system. Often, in order to eliminate water leakage from pipelines, risers have to be replaced. However, the owner of one apartment cannot do this on his own.

In order for individuals who are dissatisfied with the work of the sewerage system or water supply system to have their risers replaced, they need to familiarize themselves with the current legislative acts. Since risers are classified as property objects of a common building type, it is necessary to be guided by documentation on the relevant topic. The main source to which you need to refer is Government Decree No. 354, published and approved in 2006.

It should be noted that this resolution states that all equipment used by residents of not one property, but several at the same time, is common to the building. In this regard, a system designed for drainage can be included in this category of objects.

Who is responsible for the replacement?

In the process of carrying out repair work, individuals involuntarily ask themselves the question of who should bear the responsibility associated with changing risers. It all depends on where the renovation is being carried out, in the apartment or in the house as a whole. If the residents of a certain apartment independently decided to carry out repair work, then they are responsible for replacing the risers. However, whether this is worth doing remains entirely at the discretion of the apartment owners. This fact is explained by the fact that since repairs of this kind must be fully financed from the budget of the apartment residents, they are given the right to choose which work is a priority, and which of them can wait until better times.

There is also a type of repair called capital repair, the purpose of which is the reconstruction or complete replacement of property that is in the common possession of all residents of an apartment building. When carrying out major repairs, the risers must be replaced if they are in unusable condition. The management office with which the contract was signed is required to do this.

How to replace old risers with new ones

Majority individuals does not know what needs to be done in situations when the water supply system, as well as the sewerage system, fails in its operation and requires major repairs as soon as possible. In such cases, you must follow the instructions below:

Hold a meeting between all residents of the house. Since the owner of a separate apartment has the right to dispose at his own discretion only of this property object, in order to carry out any actions with common-type objects, including risers, the consent of all residents is necessary. Thus, you need to hold a meeting and find out whether there are owners of other apartments who are against these actions.
To write an application. The next step is to submit an application requiring major repairs. The addressee of this document should be the management service responsible for a specific residential building. Despite the fact that a certain individual will be involved in drawing up the document, the application must still be written on behalf of all residents.
Collect signatures. So that the words written in the application can be trusted, and the actions of the housing organization aimed at replacing risers do not contradict the current norms of the Housing Code Russian Federation, it is necessary to confirm the fact that none of the residents have any objections to the repair work. To do this, each owner must put a personal signature on the application.

At whose expense are the repairs being carried out?

Faced with such a problem as the need to replace water supply risers, the question automatically arises: cash from what budget will repair work of this kind be carried out? Apartment owners contribute monthly funds to pay for housing services, a certain percentage of which is withdrawn for major repairs. Thus, the amount intended for repair work grows every month and, if necessary, is spent. When the need arises to change water supply risers, these are the materials that are taken.

In some cases, when individuals contact a housing maintenance office with a request for major repairs, employees of this service ask for a certain amount of money to be paid for it. According to the current norms of the Housing Code, apartment owners are not required to provide any money for major repairs. If they try to achieve this from them, then these actions are regarded as a gross violation of the law. In such situations, you can safely file a complaint with the court.

Special situations may also arise in which water supply risers have to be replaced because they malfunctioned due to someone else’s fault. For example, this can happen if the owner of an apartment carried out renovations, as a result of which the general building structure was completely changed, after which leaks began to be observed from appliances intended for water supply. In such cases, housing offices are not required to carry out and pay for repair work. This is the responsibility of the individual whose actions caused Negative consequences of a similar nature.

When they cannot refuse to change risers

As practice shows, when submitting a written request to the management service with a request to change the water supply risers, residents of an apartment building often receive a refusal, supported by a number of justifications. Most often, the reasons why management offices do not carry out repairs are the following:

Lack of funds. The fact that the housing organization does not have the money to replace the risers is not an excuse. Since every month apartment owners contribute a certain amount, which goes towards needs of this nature, when a request is received from them for repairs, the accumulated money must be spent. Material resources may not be available only if a short period of time has passed since the last major overhaul.
Presence of debtors in the house. In almost every multi-storey building there are several individuals who do not pay utility bills and are listed as debtors. This is precisely what many management offices use as a reason to refuse to replace water supply risers. Since most consumers still pay their fees for using housing services on time, they should not suffer because of debtors. In this regard, a reason of this kind for refusal is illegal.

Ban from other residents. If the opinions of the residents of an apartment building are divided regarding the need for major repairs, then, according to current legislative norms, they should not be carried out. If the request to change the risers came from only one or several individuals who do not have permission to perform similar actions from other residents, then they will also be refused.

Attention! The first and second of the above reasons are not among the arguments that can justify refusal to carry out major repairs. The only legitimate reason is the one described in the last paragraph.

The question of who should change the risers in privatized apartment, is relevant today. Houses built back in the USSR are deteriorating and require major repairs. This requires a lot financial investments, and residents make whatever contribution they can to maintaining apartment buildings in good condition. But besides money, you need to organize the process of replacing engineering equipment and select a company that will carry out such repairs.

A good option is to replace risers in an apartment building, when the old structures are not completely out of order. In this case, this will affect the quality of water, which will pass through propylene pipes instead of iron ones, which will reduce the number of harmful compounds. Also, due to the greater pressure in such pipes, less energy will be needed to supply flow to upper floors. The power supply for the pumps is included in the payment for household needs and is distributed throughout all apartments. This will save up to 20 percent of electricity, so replacing pipes is beneficial for residents of apartment buildings.

Key Aspects

In order to properly organize the replacement process, it is necessary to take into account some nuances:

replacing and repairing a riser in a single apartment will not provide any particular benefits if the entire pipe system, including basements, has not been replaced;
risers are necessary elements of engineering communications; if there are malfunctions in their operation, emergency situations arise that can cause irreparable harm to health;
in legislative documents they are not designated as personal property, they belong to the management company that maintains the house. This serves as some limitation when replacing by the property owner;
replacement of sewerage and water supply pipes and risers, contributions for which are paid by all residents of the house under the EAP. If there are many beneficiaries living in an apartment building, then the funds collected by the management company may not be enough, so additional contributions will need to be collected from residents who do not have privileges. In such cases, they put forward their own replacement conditions;
The lifespan of the house is 25 years, after which major repairs are required. But ongoing audits extend this period, but this cannot be done indefinitely;
the management company may not carry out major repairs during this period of time. In the same way, the owner of any equipment is not obliged to repair it if it is in good working order and working. This allows both the management organization and the residents to maneuver in this matter;
a riser that has undergone emergency restoration work in the interval between major repairs is considered emergency until it is completely replaced, even if only a hole was welded in it through which only a small volume of water flowed;
To recognize it as an emergency, traces of repairs made are necessary. At the same time, the statute of limitations does not matter; if there are many such signs, then it is the fault of the management company, which did not carry out major repairs on time.
engineering communications in the house need to be periodically repaired, be it replacing the sewer riser, water supply or heating;
Even a non-specialist can install pipes inside an apartment, but a professional is needed to replace the riser.

Who pays for the replacement?

Housing legislation provides a clear answer to the question of who should change risers in a residential apartment building. This should be carried out by the management company that maintains this building. This applies to sewerage systems in an apartment building, water supply, and heating pipes. Although they were carried out in housing that was subject to privatization, only management companies should pay for their replacement. This is specified in the articles 290, 292 Civil Code of the Russian Federation and in paragraph 5 of Article 36 and 155 of the RF Housing Code, although many replace water supply risers and pipes at their own expense.

Every month residents of apartment buildings receive . They include contributions for the maintenance and repair of engineering structures. If they are damaged, the management company is obliged to replace or repair them. The housing office has no right to demand money for this, since all this has already been paid for, maybe even for many years in advance.

If these works are not performed or are refused, written confirmation must be obtained from the management company. If you have such a document, you should contact the judicial authorities with a claim, since the Housing Office refuses to repair what it is obliged to do. The management company may delay the consideration of the case, but in such a situation there are two scenarios:

Wait until there is an emergency when neighboring apartments and the entrance are flooded. In this case, repairmen will have to do all the work. But often management company employees only put patches on pipes without replacing them
Gather homeowners in an apartment building and agree on replacing risers at your own expense. In this case, you need to pay about five thousand rubles from each apartment; this amount will also allow you to install pipes in the bathroom.

How to replace a riser

Any apartment building must have risers:

heating systems;
sewerage;
supply of hot and cold water.

In order to change the riser, it is necessary to carry out the following work:

shut off the water for repair or replacement. In this case, you need to wait until the water flows through the pipes. If the sewer riser in an apartment is replaced, the employee of the management company who is responsible for this warns the residents of the entrance not to use the bathroom during this time;
dismantle pipes that need to be replaced. Such work requires professional locksmiths who can easily remove them from the ceilings between floors. This is difficult work, especially when removing cast iron pipes;
install new pipes. After this, you need to check the water pressure and confirm that there are no leaks.

It is best to change the sewerage, heating and water supply risers simultaneously throughout the entire house. This will prevent leaks and accidents that can occur when replacing structures only in individual apartments, and thus make repairs cheaper.

Replacing heating risers in a residential apartment building is basically the same everywhere. But there are some nuances. When carrying out repairs, you must perform the following steps:

inform the management organization that it is necessary to turn off the water supply. Without appropriate information about the location of the distribution valve, it will not be possible to shut off the water;
when changing radiators, shut-off valves should be installed, which in an emergency will allow you to turn off the water only in a separate apartment;
When changing pipes, it is not recommended to reduce their diameter, because under pressure they will burst, especially during the heating season. And this will lead to unpleasant consequences.

When replacing a water riser, choose the optimal type of pipe. Yes, for filing hot water, the best option there will be a reinforced plastic pipe that will not undergo deformation at high temperatures.

If the pipes are not replaced in the entire house, but only in a separate apartment, the mechanic cuts the pipe before the ceiling, from above and from below. Then he must install special fittings.

If pipes are replaced throughout the entire house, pipe dismantling begins with apartments located on the top floors. At the same time, they are beginning to install a new riser in the lower apartments.

Conflicts when replacing risers

Privatized housing is the private property of its owner. Utility workers believe that if the riser is located in such an apartment, then the replacement process is carried out by the property owner at his own expense. But this is not so, the water supply risers in an apartment building are part of the engineering structures, and all work is carried out at the expense of the management company, which collects contributions for this.

Employees of the management company refer to Guidelines MDK 2-04-2004, where it is said that management companies can change engineering communications, but there is not a word about risers.

Major repairs involve eliminating all faults in engineering structures in an apartment building, and for this it is necessary to replace pipes and risers of drainage and water supply systems.

Before major repairs are carried out, all owners of privatized apartments should be gathered to clarify the issues of who should change the sewer riser and who should repair the riser. At the same time, replacing water supply risers in an apartment is the responsibility of the management company, which collects money for this monthly, and considerable money at that.

How to solve a problem

Before replacing a riser in a privatized apartment, you must confirm that it is part of the common property of the house. To do this, they call in an expert independent from the management organization who will determine who owns the riser.

If there are leaks, but it has not yet cracked, then you need to invite a housing office employee and demand its replacement. An apartment that has been privatized is not a hindrance to this.

If the management company refuses to replace the riser free of charge, it is recommended to contact Rospotrebnadzor and. Such statements ultimately lead to the deprivation of a license from a company that does not comply with the laws.

In real life, housing office workers often provide such services for a fee. This happens when housing and communal services workers are refused payment for replacing risers in an apartment, and they ask for a meeting of homeowners to resolve the issue. This procedure can take a long time, and during this time the pipe will burst and cause flooding for the residents of the lower apartments. In this case, the property owner pays for the damage caused.

Apartment owners in such situations prefer not to aggravate the conflict situation created by the management company, and pay about two thousand rubles. After all, going to court requires considerable amounts of money to pay fees and a lawyer.

But, nevertheless, only the management company should change the risers, and when filing an application in court, they win the case and seek to carry out the work using the funds collected by the management organization. This is the best option when all utility bills are paid on time, but in any case, asserting your rights is always beneficial.

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Who owns the sewer riser

Attention! Initially, we find out who is the owner of the pipeline responsible for the sewerage system. To do this, you need to study the legislation of the Russian Federation currently in force. The Housing Code of the Russian Federation establishes that the pipeline for hot and cold water supply is part of the common property.

Now it’s worth understanding what common property is. Rules for the maintenance of common property of owners and housing complexes of the Russian Federation determine the composition of common property. And it consists of premises owned by local governments and state authorities, but nothing is said about the pipeline responsible for the sewerage system.

Paragraph 5 of the Government of the Russian Federation of May 6 No. 354 will help resolve the dispute on this issue, which explains that the common property includes an engineering system responsible for drainage, which is located inside an apartment building and consists of shaped parts and sewage outlets (crossings, tees, branch pipes, bends and transitions), as well as plugs, drain funnels, risers, exhaust pipes, parts of pipes located between the risers and butt joints, and second equipment located in the system.

Drawing a conclusion from the above, we can say that sewer risers are the common property of an apartment building.

Who should change the sewer riser in an apartment?

The pipeline responsible for the sewerage system is considered community property, which means that its repair and maintenance is carried out by the organization that services the apartment building.

If your apartment is flooded due to a faulty pipeline, you must first contact the service company with a request. If the case is complex and urgent, then you need to contact the emergency service so that the malfunction can be eliminated as soon as possible.

Employees of such organizations must inspect the malfunction and damage caused in front of witnesses and interested parties. All this must be included in the appropriate document (act). This document reflects which apartments were affected by this malfunction, the reason for this, the damaged property, etc.

Remember! When drawing up the report, witnesses and interested parties must be present, so employees carrying out repairs cannot be released. The document indicates the culprit through whose fault the leak occurred.

If the document indicates that the leak occurred because the riser failed, then the management company is considered the culprit. Because the responsibility for maintaining it in proper condition lies with the management company.

Although, if the document indicates the tenant’s fault, that is, he independently replaced pipes or equipment, and thereby caused mechanical damage to the riser, then the responsibility for restoration will lie with the owner of the apartment.

Application to the management company

If the owner of the apartment discovers that the sewer riser is in poor condition, he must contact the utility service to replace the plumbing equipment.

There is no strictly defined form for such an application, so it is drawn up in a free form.

Notice! Although the required information for this application is:

name of the management company and last name, first name, patronymic of the manager;
proof of timely payment and absence of debt for utilities (payment receipts);
please replace the sewer riser;
the applicant's signature and date of application.

The application is drawn up in two copies, one is sent to the management company, and the second with a receipt mark remains with the applicant. After such a statement, CC employees are required to inspect the sewer riser.

As a result of the inspection, a report is drawn up that reflects information about the condition of the riser, and on the basis of this document a decision will be made on its replacement (whether it is necessary or not).

Watch the video. What the management company should repair for free:

Who is to blame: the owner or the utilities?

In case of flooding of the apartment, an application is submitted to the utility service, and in an emergency, to the emergency service. Employees of these organizations, in front of witnesses and interested parties, draw up a report in which they indicate in which apartments the breakthrough occurred, its cause, a list of damaged property, etc.

The leak report is the main document that establishes its cause and culprit. If the cause of the leak is rotten pipes, then the fault lies with the management company. After all, her direct responsibility is to monitor the proper condition of the plumbing.

If it is established that the residents of the apartment are at fault, for example, self-replacement pipeline or damage to the riser, then the responsibility for repair lies with the apartment owner.

Please note that this situation only applies to the case of an insured apartment. Then, in the event of flooding, the owners of the insured apartment contact the insurance company. And the insurers, in turn, issue an invoice for compensation for the damage caused to the person responsible for the leak.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues.

Can they sue?

The owners of the damaged apartment can file a lawsuit demanding compensation for property damage. If the culprit is the management company, then it is a co-defendant. And at the court hearing, it will be necessary to prove the guilt of the management company, that the leak occurred through their fault, and the consequence of this was damage to the plaintiff’s property.

At whose expense is the replacement carried out?

It is illegal for owners to write applications to a private organization or want to pay additionally for pipeline repair work. Because all work is carried out at the expense of the owners of residential premises.

The monthly payment for utilities includes a fee for the “maintenance and repair of common property.” The cost of this service is calculated depending on the square footage of the apartment and the number of registered persons.

Important! In accordance with the norms of MDK 2-04.2004, there is a list of works that are included in the cost of rent:

maintenance of common property;
maintenance of communication networks;
work in case of an accident;
ongoing repair work.

Thus, the cost of all work related to the maintenance and repair of equipment is included in the rent. Therefore, the management company is obliged to replace the sewer riser, even in a privatized apartment, free of charge. This has already been paid for previously.

An exception to this rule is repairs that are required to be made as a result of unauthorized repairs or reconstruction of plumbing equipment by the apartment owner.

If, as a result of these actions, other owners of residential premises of an apartment building suffered, then compensation for the damage caused will also be carried out from the wallet of the culprit.

Responsibilities of apartment owners

In accordance with current legislation, the decision to carry out major repairs is made by all owners of residential premises in an apartment building. But you cannot do this yourself.

Apartment owners only service equipment located directly on the property, in the apartment.

And to carry out major repairs of common property, a management company is hired, which hires contractors to carry out the work if it cannot do it on its own.

When purchasing an apartment, the new owner does not always think about the problems that he may encounter. Thus, in apartment buildings over 30 years old, problems often arise with water supply and sewerage systems; pipes and risers leak. It will not be possible to fix the problem within one apartment. Purchasing new plumbing fixtures may be completely useless, since risers need to be replaced. Who should change the risers in an apartment building, at whose expense should the work be carried out?

Legislation

In 2006, the Government of the Russian Federation adopted Rules that determine the procedure for maintaining common property. This act discloses the concept of “common property” by listing those objects that belong to it. Among others, equipment serving more than 1 apartment and a water drainage (sewage) system are indicated.

Who is responsible for replacing common property? To answer this question, it is necessary to distinguish between two concepts - current and major repairs. The first is carried out by the efforts and resources of apartment residents. Current repairs include the following types works:

painting floors, doors;
replacement of window and door openings;
repair of utility networks located inside the apartment;
other types of work.

Major repairs are carried out by the management organization. Carrying out repair work that is required to maintain water supply, sewerage, and heating risers in working condition is the responsibility of the housing office or another company with which the corresponding agreement was concluded.

Responsibilities of apartment owners

In order to carry out repairs of common property, a management company is involved, to which part of the powers are transferred.

Responsibilities of the Housing Office

The housing office or other organization entrusted with the responsibility for the maintenance, replacement and repair of common building equipment in an apartment building carries out the relevant work based on the plan for its implementation.

Good to know! The owners themselves can contact the authorized company with a statement indicating the need to consider the issue of replacing the riser. Such an appeal is subject to consideration. The Housing Office is obliged to provide its response in writing.

In practice, such organizations do not always fulfill their duties conscientiously and on time. 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.

The obligation to carry out pipe replacement work will depend on where they are located and how many apartments they serve. If they are located inside a residential premises, then the repairs are carried out at the expense of its owner.

The work will be carried out either by the management organization or by a third-party company. In both cases, replacement is carried out on a reimbursable basis.

So, the riser refers to common property, the replacement of which is. All work is carried out at the expense of the owners, who must transfer funds monthly for the maintenance and repair of such equipment. That is why the management company’s attempts to illegally raise additional funds from residents are illegal.