Radiators - common or personal property?
The issue of property ownership of heating devices in an apartment is complex.
In accordance with Part 1 of Art. 36 of the Housing Code of the Russian Federation, plumbing and other equipment are considered common goods in apartment buildings , but only on the condition that this equipment serves more than one room.
Part 1 of Art. says the same. 290 Civil Code of the Russian Federation.
RF PP dated August 13, 2006 No. 491 introduced the Rules for the maintenance of common property in apartment buildings into a legislative act, so in paragraph 6 of these Rules... it is specified that the in-house heating system with risers, radiators, all fittings, heat meters, etc. refers to common property.
But in paragraph 5 it is clarified that only everything that is located before the valve located on the outlet from the riser towards the apartment will be considered common.
Thus, if apartment radiators can be disconnected from the entire system, then they cannot be considered a common property .
In the absence of such a valve, indoor radiators are part of the general heating system.
Who can replace batteries?
When replacing radiators with your own funds, you have to choose a direct contractor. Who has the right to carry out this work?
You have the following options to choose from:
- Replace the battery in the apartment yourself if you have professional skills.
- Hire a private owner.
- Contact third-party specialized organizations.
- Call a technician from a service organization.
Note that the second and third options are not very practical. If any unforeseen circumstances arise when replacing the battery in the apartment, at whose expense will the breakdowns be repaired? That's right, for yours. And you yourself will deal with third-party companies or private owners.
If you decide that you will replace the battery in your MKD apartment at your own expense, write an application to the organization that services your home.
Let's explain why:
- its specialists have all the connection diagrams and are familiar with the features of centralized heating;
- have access to disconnection points and heating supply points to apartments;
- They will also be responsible in the event of force majeure.
At whose expense is it carried out?
There is a clear answer to the question of who should pay for replacing radiators in an apartment, and this answer is: the owner must pay .
In a privatized
If the housing is privatized, then when replacing normally working heating devices with a more modern option, the owner must pay, as well as when batteries are not considered common property .
In a situation where apartment batteries belong to common property, their replacement must be made at the expense of funds contributed by all owners under the article “maintenance and repair of common property.”
In the municipal
Municipal housing is transferred for use under a social contract. rental, therefore the owner, that is, the municipality .
You can learn about the size of the fine for smoking in the entrances of residential buildings from our article.
What to do if you are refused to replace the batteries
Of course, you can replace the battery in the apartment yourself in the hope that the management company will reimburse your expenses. But before you do this, think a hundred times.
Unfortunately, practice shows that achieving this payment is very difficult, one might even say almost impossible. As we said above, the court, as a rule, sides with the service organization, which can easily find weighty arguments in its favor. Therefore, before starting a lawsuit with a management company, first consult with a practicing lawyer and find out in what cases you can present an invoice to the management company.
And in order to relieve yourself of responsibility in the event of an emergency, do everything according to the law:
- After drawing up the application in two copies, you must register them with the secretary.
- If they refuse to mark your application as accepted, send it by mail with acknowledgment or registered mail.
- Keep the second copy of the application with you; when the mail notification returns, attach it to the application.
But even then, a housing company can find a lot of reasons not to spend money on replacing a heating device. And believe me, the main argument will be that the owner is responsible for the condition of this equipment.
If the housing company delays replacing the radiator or refuses to reimburse your costs, you will have to resort to last resort. The court will decide at whose expense the battery in the apartment should be replaced. Based on an official statement and a requirement to change the heating device (and you have it and it is registered in the Criminal Code or confirmed by a notification of delivery of the Criminal Code), feel free to file a claim in court.
What to do?
Situations with heating equipment can be very different, and the procedure differs, depending on the circumstances. But it is important to remember that resident intervention is unacceptable: it is important that professional plumbers .
If the cast iron leaks during the heating season
Who should repair?
If during the heating season one or more of them leak, then this situation may be considered a pre-emergency situation (water as a coolant is under pressure in the heating system, which is fraught with flooding of apartments along the riser), which is the responsibility of the management company to eliminate by replacing the leaky device with a new one.
This statement is also confirmed by the Rules and Regulations of those. exploitation of housing stock, approved. RF PP No. 170.
A leak in a cast iron radiator is a malfunction that must be eliminated immediately after receiving a signal from the residents, using the forces and means of the management company. Having discovered a leak, the apartment owner must, without wasting a minute, notify the organization servicing the apartment building.
The management company, homeowners association, housing office or other service company is obliged to respond immediately and eliminate the problem, preventing the development of a large-scale accident.
An example of a complaint to the management company about replacing heating radiators.
If the batteries leak after turning off the heating
If heating radiators leak after stopping the supply of heat to the MKD, the malfunction should still be eliminated, but not in such a severe mode. A battery leak indicates that water has not been drained from the system . The procedure is as follows:
- Residents report the problem to the management company.
- Management company employees fix the leak, if possible, or change the battery at the expense of funds donated by the owners.
Only a specialist servicing an apartment building can quickly shut off the riser or cut off the heating from the entire entrance.
how to replace the heating riser from housing and communal services in the video:
How much will it cost to replace radiators?
There is a category of beneficiaries for whom good discounts are offered. If you are not one of them, then the cost of the work will cost from 2 to 5 thousand rubles, not taking into account the cost of purchasing the batteries themselves. In this case, garbage removal after dismantling and installation is usually included in the bill.
The legislation provides discounts for beneficiaries:
- large families with three or more children;
- disabled people;
- families raising disabled children;
- pensioners,
- veterans of labor, WWII, home front workers.
As a rule, third-party organizations very rarely provide discounts, even if the customer presents a full package of documents. Whereas if the battery replacement is carried out by employees of your management company, then you will receive a discount without delay.
Replacement procedure
If the replacement of radiators does not take place as part of a campaign for planned or major repairs of apartment buildings, but is an initiative of the residents, then both the purchase of materials and the work will be carried out at the expense of the apartment users themselves . It is important to realize that unauthorized actions with the heating system are unacceptable.
Where to go?
It is impossible to do without a management company or housing office, but this does not mean that local plumbers need to be hired to carry out the work.
It is more logical to find a reliable contractor specializing in san. those. works, but not only an excellent reputation and the presence of recommendations from friends are important, you need to check permits, including proof of membership in an SRO for this particular type of work and services.
After choosing a contractor, you must contact the management company. The employee and the management company can also carry out work, but it is unlikely to be quick.
What applications should I fill out?
applications are submitted to the Criminal Code :
- about replacement of heating devices;
- regarding turning off the riser and removing water.
If the first appeal is submitted with the aim of obtaining approval in principle for a replacement and determination of deadlines, then the second is directly for the execution of work.
sample application for temporary disconnection of the riser.
How much to pay?
How much does it cost to replace radiators? For dismantling and installing one radiator they charge from 2,500 rubles. up to 4000 thousand rubles. (excluding the cost of the batteries themselves). This amount also includes related operations, such as garbage removal.
Benefits exist for the following categories of residents:
- large families;
- disabled people;
- pensioners, etc.
In practice, obtaining benefits for plumbing services is not easy. If contractors are involved in the work, they are unlikely to be interested in the cramped circumstances of the customers.
If the work is carried out by the management company, then you can really count on benefits : the management company has all the papers about the availability of benefits, subsidies and other payment concessions.
What are the timing and frequency of checking gas equipment in residential buildings? You will find the answer on our website.
Who should repair: the management company (housing office) or the owner of the apartment?
In Khrushchev buildings, the batteries have exhausted their service life, so they must be replaced according to the overhaul system.
Management companies (housing office) are required to complete the work entirely at their own expense .
If the owner wants to update the radiators to an efficient design or aesthetic appearance, he must contact to carry out the work .
In order to create competition in this market, it is allowed to attract third-party organizations that have permission to perform these types of work.
It is not permissible for a homeowner to change radiators on his own . An apartment owner who has changed radiators without permission from the management company (housing office) will be legally forced to return the heating system to its previous heat transfer parameters. However, this will be done at his personal expense.
Coordination of work
Do I need to coordinate the replacement or relocation of radiators in the apartment and with whom?
Replacing, let alone moving, radiators without approval should really not be done , especially if it is planned to replace the batteries with a completely different design or increase the number of sections.
These actions are qualified as a violation of the rules for the use of common property, which is managed by the service company (clause 5.2.5 of the Rules...).
It is necessary to apply the planned changes to the apartment plan and contact the management company with the chief engineer or technical director, operation engineer, and agree with these officials.
It is possible that you will need to contact the heating supplier: this is where specialists will be able to perform thermal engineering calculations and issue recommendations in the form of a simple project.
Who will be responsible in the event of an accident?
Both parties can be at fault in the situation – both the apartment owner and the housing company.
At whose expense is the battery replaced in the apartment? If the radiators are in poor condition, then, as a rule, the fault lies with the service company, which is also obliged to replace the emergency devices with new ones free of charge.
But this is only if the owner:
- did not replace radiators in his apartment without approval;
- did not involve third-party craftsmen;
- did not violate the integrity of the heating system in the apartment and the rules of its operation.
As you can see, it seems that the owner has a choice, but any step taken without the consent of the management company automatically makes him the culprit of the incident and leads to financial expenses.
So all that remains is to choose one of all possible options - when replacing the battery in an apartment, trust your management system.
Can I change the batteries myself?
The housing law, which classifies heating radiators as common property of the condominium, narrows the possibilities for dismantling and installing new radiators by apartment residents. Having decided to dismantle such an old device and install a new one without the help of the housing office, the tenant risks encountering many obstacles.
The same document indicates that the removal or installation of an apartment heating device can only be carried out by a decision adopted by a majority vote of all home owners. If there is no agreement, independent activity to change the configuration of heating appliances in your apartment will be considered as sole management and disposal of the condominium property. And for any failures in the heating system, it will not be the housing office that will be held responsible, but the resident of the apartment personally.
Meeting of house residents
In reality, it is difficult to imagine that a general meeting of residents will be held to agree to replace each battery in the house. The responsibilities of the chairman of the HOA include monitoring the general heating system for the building. In addition, the thermal balance of the building is often disrupted through independent installation of new batteries, as a result of which the temperature regime in some apartments may be disrupted. The chairman of the HOA whose temperature balance of the house has been changed must identify apartments with illegal installation and replacement of radiators in order to organize normal heating of the entire house.
In the rules for the use of housing stock, control over unauthorized changes to heating equipment in apartments is assigned to the service organization. The homeowners' association can contact the housing office and dismantle the extra radiators illegally installed at the expense of the residents.
But it is often very difficult to force the homeowner to remove an additional and illegally installed battery or return the heating structure to its previous form. A way out of the situation may be to file a lawsuit to compel action to dismantle the radiator.
Lawsuit
