The apartment was flooded with sewerage: what to do in such situations?

In this article, I propose to understand the question of what to do if your apartment and neighbors below are flooded by the sewer, who is to blame for this, where to go and who will compensate for the damage. In practice, there are quite a few such cases and of course there is a solution, I will tell you in order where to go and what to do, as well as who is to blame for this disgrace.

How to avoid flooding?

The sewer system will only work effectively if it is regularly maintained. Of course, all problems will stem from poorly executed sewerage installations, but no one has canceled the maintenance of sewerage systems either.

Of course, communications are the main indicators of comfortable living in an apartment, but they can also change everything in the opposite direction. Today there is comfort, and tomorrow there will be flooding and discomfort.

When there is a sewer smell in the bathroom, it is imperative that the drain be cleared of any blockages.

After all, this is one of the signs of possible flooding in the near future.

To eliminate unpleasant odors, you can also use a water seal for sewerage 110, which is a siphon with a self-cleaning function. It has horizontal and vertical outlet.

What kind of compensation can you expect?

The management company calculates the damage caused to the apartment in the event of flooding at the market price. When determining the value of damaged items, the appraiser uses payment documents for the purchased property and the repair work performed. A visual inspection of the accident site and the entire affected area is carried out. When calculating material damage, the rules for determining standard physical wear, comparison and other analytical methods are applied.

In addition to the material side of the issue, there is also moral harm. An application for compensation is submitted simultaneously with a claim for material compensation. The amount of compensation for moral damage is established by the court during the consideration of the case.

Sewer maintenance

It is important to carry out maintenance of water supply and sewerage systems. These measures will prevent the appearance of unpleasant odors, blockages and flooding.

Maintenance of sewerage and water supply systems is carried out for the following elements:

• Input of water meter unit.
• Pump equipment.
• Water riser.
• Mixing fittings.
• Shaped elements.
• Plumbing fixtures.
• Water fittings.
• Internal sewerage.

Maintenance consists of a set of measures aimed at ensuring the effective operation of communications.

Maintenance activities:

1. Daily monitoring of drinking water consumption.
2. Drawing up a balance of water consumption and disposal.
3. Carrying out emergency work.
4. Elimination of existing blockages in water supply and sewerage systems.
5. Repairing leaks in pipes.
6. Control over sewer hoods.
7. Monitoring and cleaning of the drainage system.
8. Replacement of damaged parts.
9. Scheduled annual inspection of the sewer system and elimination of detected problems.

Maintenance of sewerage systems is carried out by the Housing Office. These activities are within their competence.

Normative base

Government Decree No. 491 of August 13, 2006 describes in detail the requirements for caring for the common property of residents of apartment buildings. It also defines the concept of common property. According to Article 2 of the section “Determination of the composition of common property”, these are:

• roofs;
• foundations;
• load-bearing walls;
• floors;
• entrances;
• stairs;
• sites;
• garbage chute;
• elevator;
• garbage and elevator shafts;
• basements;
• boiler rooms;
• in-house systems.

For your information,
Article 40 of Section IV of the document, which is called “Control over the maintenance of common property,” talks about the rights of residents to receive information regarding the work performed to repair the property of the house. Article 42 indicates the responsibility of the management organization to residents.

Sewer cleaning

Many people have thoughts in a fit of panic about what has flooded the sewer, what to do and what to do. But in order to avoid this, you need to monitor the condition of the sewage system in your apartment. Of course, responsibility for the sewage system lies not only with the owner of the apartment, but also with the housing office. But still, the premises must be protected from flooding by sewerage.

You can't shift responsibility onto each other. Therefore, you can prevent your home from flooding through preventative cleaning of the sewerage system in your apartment.

Nowadays, there are many products available for cleaning the sewer system. You can look for recommendations on the Internet. To do this, just enter the text in the search bar: “the sewer is clogged, what should I do?” and the search engine will return a large number of results.

Recovery of damages from the utility service! The most important section!

The management company in almost 100% of cases does NOT pay PRE-TRIAL! You can file pre-trial claims, talk with the director of the Management Company, persuade them - but they don’t pay any money. At least in pre-trial order.

Example: They tell you. “Yes, we will pay. But the money for the payment must be included in the budget for the next quarter.” You're waiting for the "next" quarter. Then the payment is postponed again, again, and again for another quarter. This is the tactic used by utility companies.

But in court they pay! Therefore, there is only a trial here. There is a very positive point! The management company is a legal entity. They DO have money in their checking account. Therefore, according to the writ of execution, after the trial you will receive the money.

Court cases with utility companies last 5-6 months.

Sewer cleaning methods

When your drain is clogged, you need to clean it out. Cleaning can be done in several ways, but the most effective is to use household chemicals. Drain cleaning chemicals are inexpensive and easy to use.

There are the following types of household chemicals:

• In granules.
• In the form of a gel.
• Powdery.
• In the form of a liquid.

Before starting cleaning work in sewer pipes, you need to wear home clothes and rubber gloves so that the skin areas are covered.

You can also clean the pipes using a plunger or cable. But it’s easier to pour household chemicals into the sewer pipe and wait until it eats away the existing blockages.

If a tenant of an apartment notices that an unpleasant sewer smell is increasingly appearing, then you can not only clean the pipes, but also look for useful information in reference books and the Internet. It is better to write in a search engine: “the apartment is flooded with sewerage, what to do,” and study the information on how to behave if such a situation arises. Additional knowledge will help you avoid a panic reaction in case of flooding.

Appeal ruling of the St. Petersburg City Court in case No. 33 – 2447/2021

The upstairs neighbors (hereinafter referred to as the defendants) clogged the sewer pipe and flooded the plaintiff’s apartment. The commission of LLC Zhilkomservice No. 3 of the Central District of St. Petersburg (hereinafter referred to as the UK) drew up an inspection report of the residential premises and recorded the damage caused. A specialist from the ANO Forensic Expertise Center PetroExpert estimated the restoration of the plaintiff’s apartment at 170,000 rubles.

The owner of the flooded apartment went to court to recover this amount and brought the Criminal Code as a co-defendant. In addition to compensation for damage, he asked to recover from the defendants the costs of assessing the damage - 9,500 rubles. In the court of first instance, the defendants did not agree with the amount claimed for collection. The Criminal Code filed a petition to conduct a forensic commodity examination. According to its results, the cost of restoration repairs amounted to 101,000 rubles.

The court of first instance examined the case materials and came to the conclusion that the flood originated from the defendants’ apartment. It is they who bear the responsibility to compensate for the damage caused, since no evidence has been presented that they are not at fault. When determining the amount of damage to be compensated, the court took into account the findings of the forensic examination. From each of the four owners of the apartment above, the court recovered 25,250 rubles in favor of the plaintiff, and 833 rubles in state duty in favor of the budget of St. Petersburg.

The Court of Appeal did not agree with the findings of the trial court. And that's why:

• During the questioning of witnesses, it turned out that the blockage of the sewer riser had formed shortly before the bay and above the defendants’ apartment. It was there that they first discovered rising water in the sink, after which a plumber from the management company was called in to remove the blockage.
• At the court hearing, the plumber of the Criminal Code explained that when cleaning the sewer riser, the blockage (“plug”) may fall lower. Accordingly, the defendants may not have been to blame for the fact that the sewerage system was clogged on their floor.
• Having studied the summaries of applications from residents of the apartment building, the appeal court found that sewerage blockages along the disputed riser occurred with unenviable regularity and were eliminated by the management company.
• The materials of the case have reliably established and the parties do not dispute that the plaintiff’s apartment was flooded from common property - the sewer riser. The injured plaintiff in this case is a consumer of apartment building management services provided by Zhilkomservis No. 3 LLC of the Central District.

In accordance with current legislation, “each party must prove the circumstances to which it refers as the basis for its claims and objections.” However, Zhilkomservice N 3 Tsentralny District LLC was unable to prove that the flood did not occur through its fault or due to residents’ violation of the rules for using sanitary equipment. Despite the fact that the sewer riser was repeatedly clogged, the defendant did not provide evidence that it took measures to prevent blockages and periodically clean the sewer riser.

The Court of Appeal ordered Zhilkomservice No. 3 LLC of the Central District to compensate the damage caused to the plaintiff in the amount of 101,000 rubles. The decision was motivated by the fact that the defendant improperly performed work on the maintenance of common property. Since the Criminal Code violated the rights of the plaintiff as a consumer and did not compensate for the damage voluntarily (although she was brought in as a co-defendant), the court collected a fine from her in favor of the plaintiff - 50,500 rubles. Also, the management company was charged the amount of state duty - 3,000 rubles (to the budget of St. Petersburg), expenses for pre-trial assessment of damage (in favor of the plaintiff).

The Court of Appeal found no reason to hold the neighbors living above the plaintiff's apartment liable for damages.

Sanpin requirements

According to the terms of Sanpin, the sewerage system must be built in compliance with all the norms and rules regulated in this regulatory document, as well as in SNiP. Compliance with the requirements of SNiP and Sanpin guarantees long-term and efficient operation of the sewer system.

Failure to comply with Sanpin norms and rules will lead not only to a deterioration in the performance of the sewer system, but also to a deterioration in the quality of the supplied water.

In addition, by ignoring the rules and regulations of Sanpin, the developer will definitely be held accountable. If regulatory government bodies discover violations during sewer construction, then simply noticing will not do.

The violator will have to:

1. correct shortcomings made during sewer construction;
2. pay a fine for draining sewerage into a ditch, and if there was no drainage into the ditch, then a fine cannot be avoided anyway.

It is impossible to avoid a fine, since the environmental protection zone is carefully protected by government officials. The size of the fine is affordable and will make the offender think about not repeating past mistakes.

Filing a claim

The statement of claim is filed in the magistrate's court. Both official applications and those written in free form are accepted for consideration. When writing an application, you should use a business style of speech. Insults and obscene language are not allowed. All facts of apartment flooding are documented by the management company. Unconfirmed precedents are considered slander. And for this there is a risk of liability ranging from administrative to criminal.

The title indicates the full name of the court, personal information of the plaintiff and defendant, the actual address of the plaintiff and the legal defendant (management company), details of the parties, and the material value of the damage caused.

Attention

The statement describes all the details of the flooding of the apartment: when, at what address and under what circumstances the accident occurred. If we are talking about a series of bays, then all are indicated. The following is a description of the actions taken by the resident: appeals to the Criminal Code with reference to the statements. The response of public utilities is described, accompanied by written responses, acts and other supporting documents. Witnesses are indicated and their statements are attached, if any. The price of the claim is put forward with justification from the point of view of legislation. Finally, a list of all attached documents is included. The application is certified by the signature of the plaintiff. The date is set.

applications can be found here.

Specialist help

Sometimes people can’t immediately figure out who to contact; they turn the thought over in their heads: well, the sewer is clogged, who should I call and what should I do now?

First of all, you need to try to remove the blockage yourself. And only then, if an attempt at cleaning it yourself turns out to be futile, you can turn to a specialist for help. For the average person, a clogged drain is a problem, but not for a plumber. He is competent in this field and knows his work by heart.

If the apartment is flooded with sewerage, then you need to collect all available documents and go to the housing office.

The sewage system needs to be monitored and preventive work carried out regularly so that later you don’t have to deal with the adverse consequences.

Going to court

People often have a question: when should they stop solving the problem peacefully and file an application against the management company in court?

Reasons requiring a court decision:

1. The management organization maliciously evades fulfilling its duties in the event of flooding.
2. The homeowner has evidence of fraudulent activities or economic crimes on the part of the management company.
3. Housing and communal services employees pose a threat to residents or their property through their actions.
4. The employer was refused payment of compensation for the damage caused.
5. Ignoring complaints. In the event of an apartment flooding, the management company’s employees are required to respond to a written application no later than 30 calendar days.
6. The instructions of the housing inspection are not followed.

Points 1, 3 and 4 are the most common reasons for going to court.

Where to call if a pipe burst in your apartment

If you find a leaking pipe, hurry up and ask a plumber, whom the house management organization (DUK) must send. You should also go there if the pipe has already burst.

You can find information about which company services a specific address via the Internet, you can also look at advertisements at the entrance or see its name on the rent receipt. It is better to keep such numbers at hand, specifying them in advance. You can contact management specialists on weekdays during business hours. Most often they also have some kind of emergency number that is available 24 hours a day.

If a leak occurs when the DUK is not working, you need to call either its emergency dispatcher or the emergency repair service in the city.

The dispatcher will contact specialists and send them to the scene of the incident. You must understand that such actions can only be resorted to if the pipe is leaking so badly that it is impossible to cope with the problem on your own.

What to do if a hot or cold water pipe bursts

If a leak occurs in pipes with cold or hot water, you should contact the employees of the management company or the emergency department. They will send plumbers, and if the damage is serious, they will contact the emergency services themselves. If it is after hours, immediately dial the Vodokanal repair service number. The dispatcher will send specialists to you. After eliminating the accident, ask to draw up a report indicating the location of the leak and the cause of the problem.

Residents often get confused and don’t know what to do to prevent water from flooding all the lower floors. When a pipe bursts and water arrives quickly, the actions fit into the following scheme:

1. Turn off the electricity supply to the room.
2. Shut off the common riser or discharge pipes in the apartment.
3. Report the leak to the emergency dispatcher or management company employees.

It is easier to fight a flood with helpers. While one person calls the specialists, the rest scoop out the accumulated water, preventing it from leaking to the lower floors.

What needs to be done right away?

If you saw a breakthrough with your own eyes and were left without injuries, then you are incredibly lucky: after all, you still have a chance to minimize losses.

But to do this, you need to do the following without delay:

• Calm yourself and your family.
• Bring and place a container under running water. Moreover, it is best if the container is plastic. After all, if a heating pipe bursts in winter, then boiling water heated to 70-95 degrees Celsius will flow out of the system, and as a result, the metal container will burn your hands. Of course, the container must be wide enough: after all, the water will not rush out in a thin stream, but in a wide stream. Therefore, a baby bath or basin is best suited for these purposes.
• After installing the water collector (container), you need to leave a person on duty next to it, who will take out the drained water and pour it into the toilet or sink. If you can find two containers in your apartment, use them alternately, draining water from one while the other is filling.
• While everyone is fiddling with the containers, a free person must run to the basement, where the central valve for the heating system of the entire house is located. Accidents of heating systems during the heating season are generally a terrible thing, but in this case there is still one plus: the utility workers managed to check the functionality of the central valve. And since the valve is working, the water pressure can be turned off at any time. Which is what you should do.
• After the valve is closed, you can call plumbers and utility workers. And if you are sure that the reason for the rupture of the heating pipe is not related to your modernization of radiators, then it is better not to touch anything in the apartment. Let the utility workers see the depth of their fall in the eyes of the alarmed residents of your entrance.

How to survive a pipe burst alone?

Of course, all the measures described above are only suitable if there are several people in the apartment during a breakout.

Therefore, if the heating pipe inside the apartment bursts and you are the only one in the house, then you better focus on the following actions:

• Place a container under the stream of boiling water
• Dial the emergency number and report the breakdown. Open the doors to the apartment.
• Continue draining the container as it fills.
• Dial the number of a friend who lives in your or neighboring building. And ask him to turn off the valve in the basement of the house.

After such a marathon, all you have to do is hold out until the emergency team arrives.

A heating pipe burst - who is to blame?

Further actions to localize the consequences of the breakthrough should be related to the search for those to blame for the incident. After all, someone will have to answer for the destroyed apartment of the owner of the broken pipe and for the flooded apartments of the neighbors. You should also search for the last resort if a breakthrough happened in your absence. After all, all losses (yours and your neighbors) are paid by those responsible for the accident of the heating system in the apartment. Therefore, get ready for a not-so-pleasant dialogue with utility workers and neighbors next door.

Of course, any owner of an apartment that has experienced a heating system breakdown strives to position himself not as the culprit of the accident, but as the injured party. And in order to remain the “victim,” the homeowner must understand the cause of the accident.

There may be several reasons for this, namely:

• A break in a valve or at a pipe junction that occurs as a result of errors in the installation of connecting or shut-off valves.
• A break in the pipe body that occurs due to mechanical deformation or aging of the transport fittings.
• A breakthrough in the radiator resulting from depressurization of the battery.

Simply put, if you have not changed the pipes or radiators, then the HOA is responsible for the heating system. Accordingly, all problems with breakthrough are projected onto your utility workers.

But if you managed to intervene in the design of the heating system, then any defects in the new equipment that provoked the accident will turn into your personal problems. Moreover, your intervention will be determined by even the most superficial check of the condition of the heating system, carried out during the post-accident repair process. That is, all accusations of utility workers, in this case, will be groundless. The culprit of an accident in a non-standard, actually home-made system will be recognized as the owner of the apartment.

Common factors for flooding of neighbors below and the guilty party

The initiator of an accident is not always the culprit - what to do if the neighbors below are flooded. Of course, when a citizen’s washing machine leaks, this is one case, but a central heating pipe is another. In both precedents, different persons are held responsible. It is proposed to consider each situation specifically, identifying the initiator of apartment flooding.

The water supply manifold burst

Water leakage to neighbors can occur due to the emergency position of the riser, which is on the balance sheet of the management organization. According to Decree of the Russian Government No. 491, utilities for hot and cold water are classified as the general property of apartment buildings.

Burst of pipe or hose

If a leak occurs to the bathroom or kitchen after the apartment shut-off and control valves and floods the neighbors below, the owner of the living space must be responsible, since a flexible hose or pipe suitable for the faucet is personal property. However, the owner is not always responsible.

Battery or heated towel rail

If a radiator or central heating riser bursts and floods the neighbors, the housing office is to blame. When the battery was reinstalled by a tenant, the initiator of the repair is considered responsible for the flooding; in case of rupture of the old original heating system structures, the housing authority is considered responsible.

However, after a forensic technical examination, it may emerge that the apartment element could not withstand the temperature difference and burst due to hypothermia. The shut-off valve installed on the radiator outlet is closed at the end of the heating period.

Possible causes of flooding.

The owner is responsible for the operation of the unit in the event that the latter was constantly leaking, but was not repaired, or a new one was installed independently. According to Art. number 30 of the residential complex of Russia, restoration and compensation for damage is at the expense of the owner of the property.

Battery burst when venting

In the attic of a building, housing office workers must specifically install relief valves, which is sometimes not done. Such an operation is carried out by the housing office. Therefore, if the radiator ruptures during air release, the control structure becomes responsible for the incident.

The water filter burst

Not only coarse filters, but also fine filters, which are installed in high-rise buildings, can be destroyed due to several factors:

• manufacturing defect;
• incorrect installation;
• high pressure.

If the latter happens, the housing office is to blame for the accident, but he can also disown this, saying that the installation of the system is an unforeseen redevelopment of communications.

The drain is clogged

Clogging of the sewer and its flooding with water from lower neighbors is an even more unpleasant phenomenon than flooding of an apartment from water supply pipes.

Causes of drain malfunction:

• wear of the network or installation of a small diameter;
• violation of installation, slope;
• the toilet is not properly secured;
• leaky device;
• foreign objects entering the sewer that cause clogging.

If a resident accidentally threw a rag or paper into the bidet, which blocked the flow of water from the upper floors, resulting in flooding of neighbors, the initiator of the accident will be held accountable by law.

A situation that occurs for other reasons is within the scope of action of the service office. Repair of in-house utilities is the responsibility of the management company (Federal Law No. 185 with the latest amendments and additions of 2021).

Washing machine or dishwasher malfunction

If flooding of neighbors occurs due to the failure of a washing machine or dishwasher, its owner is primarily responsible. The owner did not check the exit of the hose from the sewer pipe.

When the installation company installed the machine in the apartment, responsibility passes to it due to the use of low-quality parts, poor sealing, and other factors.

Refrigerator leaking

If the owners set the refrigeration unit to defrost and left the house, forgetting about it, the blame lies with them. However, while the equipment was working, the electricity could be cut off for a long time, which led to flooding of the neighbor’s lower apartment. In such circumstances, you must contact your local electrical office.

Breakdown of the heating system during the heating season

An emergency situation that arose during the winter period belongs to a special category of incidents. When heating pipes break, at this moment the fear is not even that water will begin to flood the room. There is a high risk of getting burns from hot water.

Attempts by residents to fix such breakdowns on their own are extremely undesirable. It is recommended, if possible, to ensure the safety of people and the safety of valuable property, including documents.

In the summer months, the management company is obliged to carry out scheduled pressure testing of heating equipment, which consists of running cold water through the pipes. In such cases, as a rule, damaged pipes make themselves known through leaks.

Residents are notified of the inspection at least 3 days in advance so that they can adjust their plans and be present at home at the time of the event.

An owner who notices leaking pipes in his or a neighboring home contacts repairmen, and the repairs are carried out at the expense of the management company.

Possible consequences of filing a complaint

The consequences depend on where the complaint against the management company was filed..

1. You can submit an application to the Housing Commission, the Ministry of Control and Supervision, or Rospotrebnadzor via the Internet. There are electronic reception desks on the websites of each of these departments. You can write your application directly on the website or scan what you have written. Copies of all documents and photographs must be attached to the application. This is most often documented in an archive. Complaints are considered within 45 calendar days. The consequence is an inspection of the activities of the management company and the issuance of orders.
2. An application to the Prosecutor's Office can be written to the prosecutor on duty. It is also accompanied by copies of all documents and photographs. The law allows 10 days for consideration and decision making. The investigation will be a prosecutor's investigation with a verdict.
3. Consideration of a civil case in court can last up to two months. You can find out the fate of your application and the date of consideration of the case by calling the secretary.