Who is required to pay for the replacement of risers in an apartment building according to law?


Legislative norms

The bulk of the multi-storey housing stock was built decades ago. Then pipes and batteries were installed from cast iron or steel, which are subject to wear and tear over time. To avoid a breakthrough, the property owner must know who is responsible for the trouble-free and uninterrupted operation of engineering structures in order to take the required measures in a timely manner.

The organization in the housing and communal services sector that carries out the trust management of the property of an apartment building (MKD), that is, the management company (hereinafter referred to as the management company), must monitor the degree of wear and the presence of corrosion. She is also charged with replacing risers in an apartment building, as the law states. Information about this is recorded in government decree No. 354 of 2011, as well as in the provisions of Art. 161 of the Housing Code.

Who should change risers in an apartment building

A residential building serviced by a management company or a remote control unit equally adheres in its work to articles [1] of the Housing Code of the Russian Federation and [2] Rules for the provision of housing and communal services. The law enshrines the concept of balance sheet ownership and demarcation point. Which means that cold and hot water supply networks are serviced by utility organizations up to the apartment valve. And in the heating system, the demarcation point is the supply pipe to the radiator.

Consequently, the risers of these communications are on the balance sheet and are maintained at the expense of public utilities (housing and communal services). An exception may be the situation in a house with HOA status. To replace risers at the expense of the general fund of the HOA, this must be stated in the charter of this organization. Otherwise, all repair work is carried out collectively.

It is important to know that public and privatized housing are equally protected by law. The refusal of the management company to replace the riser in a privatized apartment is a violation subject to appeal.

Responsibilities of the management organization in 2020

Every month, apartment owners or tenants contribute money to maintain common property in working condition. This also includes maintenance, emergency and routine measures to eliminate breakdowns. The responsibilities of management companies include the repair of all structural elements designed to ensure comfortable living for people.

The answer to the question of who should change the risers in an apartment building is similar. The organization servicing the building also repairs and updates gas pipes, ventilation, drainage systems and electricity supply. Management company employees do not have the right to request payment from the tenant for replacing risers and other elements.

Homeowner

The owner of the premises is obliged to monitor the equipment located in the apartment. If a worn-out area on the riser was discovered, the resident must submit an application to the management company. When the owner of the apartment makes the repairs himself, in the event of a breakthrough he will bear responsibility and will have to pay for the damage to the neighbors below.\

Responsibility for maintaining common property in the house

According to the law, the owners of the premises in the house themselves bear responsibility for the maintenance of apartments and common property in apartment buildings (Article 210 of the Civil Code of the Russian Federation, Part 3 of Article 30, Article 39 of the Housing Code of the Russian Federation). They transfer a monthly fee to the management company, which, in turn, undertakes to carry out the corresponding work and provide services for this amount.

Also, the owners of premises in an apartment building pay the management company, RSO and the regional capital repair fund for current and major repairs of common property in the house (part 2 of article 154, article 156, 158, 166, 169 of the Housing Code of the Russian Federation; Decree of the Government of the Russian Federation No. 491 of August 13. 2006).

It turns out that the burden of the main burden of maintaining in proper condition and routine repairs of common property in a residential building falls on the shoulders of the management company (Article 161 of the Housing Code of the Russian Federation). Consequently, the management company must carry out repairs of common property in the house without charging additional fees for this in excess of the monthly payment amount of the housing and communal services consumer.

Therefore, it is important to determine which property in the apartment belongs to the general, and which belongs to the personal use of the owner of the premises in the apartment building.

The need to determine the composition of the common property of premises owners in apartment buildings
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Reasons for installing a new riser

The need for replacement arises when the design has expired or during major repairs. Installation can be planned or emergency. Speaking about pipe wear, it should be noted that most often it occurs in interfloor ceilings. Rust appears faster on hot water risers.

The service life of metal pipes is about 25 years. However, the real safety margin is designed for a much longer period. However, using pipes after the warranty period is not recommended, even if their appearance does not raise suspicions. A worn-out riser can leak at the most unexpected moment, which will lead to material losses, sometimes very significant.

Who is responsible for the hot water supply and hot water supply pipes laid in the floor screed?

Since the pipes from the common water risers located in our bathroom go further into the apartment (and they go in a concrete screed) with ball valves, they classify these pipes laid in the floor as common house property and accordingly refuse to replace them at their own expense, and they offer to do it for me.

We recommend reading: How to correctly draw up an apartment rental agreement

Recently, residents on the lower floor discovered a leak in the corner of the kitchen, the ceiling near the sewer pipe and the top of the wall were wet. We had a full inspection by a UK plumber and no leaks were found. Indeed, both in the kitchen and in the bathroom, in the risers and around them, it is absolutely dry! I checked everything myself.

Features of replacing a riser in a privatized apartment

Having discovered a flaw or a corrosion process on a pipe, the owner must submit a written request for repair to the Criminal Code. It is important to do this as quickly as possible to avoid a breakthrough. Company employees must inspect the structural element and determine whether the riser needs repair. An act is drawn up that reflects the degree of wear and tear of the equipment and, if necessary, the sequence of measures.

Heating

During planned work, replacement of the hot water riser is scheduled for the period of centralized summer shutdown of the system for prevention. Residents of the upper and lower floors should be notified of the date and time of events to ensure access to the premises. If the repair is emergency, the service employee first drains the water, and only after that the heating risers in the apartment building are replaced.

How to replace a water supply riser in an apartment

Water supply risers are located in bathrooms at a short distance from the wall. A shut-off valve must be placed on the riser, which is necessary to shut off the water supply.

When repairing water supply pipes, it is recommended to replace the entire span at once, but this is not always possible. In this case, you need to replace at least the section of the riser between the floor and the ceiling. It is impossible to replace only a small section of pipe that has rusted.

When replacing water supply structures in an apartment building, it is necessary to notify other residents about the time of the work. You will also need to contact neighbors living directly above and below you for permission to carry out work on their property if necessary, since the new structures will go through the floors.

Neighbors have the right to refuse, in this case you will have to work only within the confines of your apartment - in the area from floor to ceiling in the bathroom. It is very important that free access is provided to the pipe joining points. This will allow you to quickly fix a leak if it occurs.

Take the test

The housing department is obliged to replace the water supply riser in the apartment as requested in your application, if you have drawn up the document correctly and provided serious facts that comply with the law as evidence. Otherwise, you have the right to request a written refusal from the management company, which will contain the reasons for such a decision.

If you do not agree with the decision made, then you should write another statement - to the prosecutor's office. It is worth adding to the paper all the documents related to this problem that you have in your hands. Also, according to the law, it is possible to replace the water supply riser in an apartment without the appropriate permission, while work to replace the equipment must be authorized by the owner of the property.

Stage No. 1 – selection of materials.

After agreeing on all the nuances with the management company and neighbors, you can begin drawing up a diagram. This is necessary in order to find out the specifics of the pipeline layout in the bathroom, as well as find out how much materials you will need.

Selection of materials

To replace the water supply riser in an apartment you will need:

  • polypropylene pipes D 25 mm (or 32 mm);
  • fittings of the appropriate diameter;
  • metal clamps;
  • silicone sealant.

To install a vertical pipeline, you should choose pipes of the same diameter as those of the elements that are to be replaced.

To connect parts of the structure, expansion joints D 25 mm (or 32 mm) and couplings are used, and transition collars are used to connect plastic and steel pipes to each other.

In the old housing stock, VGP steel pipes were used to supply gas, water and heat to apartments, so it is easier and more expedient to choose structural elements made of the same material when replacing equipment.

You also need to plan the final design of the riser - decide whether you will do heat and sound insulation, what the box will look like.

To work you need the following tools:
  • Bulgarian;
  • 3 or 4 cutting discs D 125 mm;
  • thread cutting tool;
  • adjustable and gas wrenches;
  • building level;
  • a simple pencil;
  • Screwdriver Set;
  • chisel;
  • hammer;
  • roulette;
  • crowbar (used as a lever).

In addition, it is worth preparing protective equipment: heat-protective gloves, construction glasses, a respirator and a hat.

You may also need several plastic outlets with a diameter of 10 cm and an angle of 45 ° C. They are used in cases of displacement or alignment of a vertical pipeline. Another necessary tool is a soldering iron with different-sized Teflon nozzles - it is needed for welding polypropylene pipes.

As a rule, the management company replaces the water supply riser on weekdays between 10 a.m. and 3 p.m. At this time, most people are at work, and therefore they will not experience discomfort in connection with the work.

You cannot block the riser on your own; to do this, you should contact a specialist. Typically, the entire process of replacing the water supply riser in an apartment takes from half an hour to an hour. However, excessive haste may cause you to miss some important nuances.

You can make it easier to replace cast iron pipes by using a pipe cutter. This tool is equipped with cutting rollers/rollers, resulting in smooth edges at the cut site.

Pipe cutter

Stage No. 2 - dismantling old pipes.

The work associated with dismantling a vertical pipeline from a water-gas steel pipe is one of the most difficult in the plumbing industry. These operations can only be performed correctly by experienced specialists who know how to handle power tools. Also, when working, you should strictly adhere to labor protection requirements.

The quality of the installation of the new one depends on whether the old pipeline was disassembled correctly.

First of all, you should shut off the riser and drain the water. This should be handled by a housing office employee. If you try to do this yourself, you will receive an administrative fine.

Next, using a grinder or pipe cutter, you should dismantle the old structures. For this purpose, make 2 horizontal cuts (10–15 cm long), which converge at the edge of the pipe adjacent to the wall. To avoid subsidence of the upper part of the pipe, the initial cuts are not made completely.

To remove the cut section, you can make additional vertical cuts or drive in wedges. A section of pipe is cut from above to a calculated height, which is equal to the length of the shaped part intended for pressing during installation. The specialist must ensure that the cut plane is perpendicular to the internal axis of the pipe.

To make this operation easier, it is recommended to use masking tape: you should glue it in an even ring (the beginning and end must match exactly).

To remove the lower part of the pipe, carefully loosen it. The main thing is that the bell remains intact. Then the solution should be hollowed out around the perimeter. Armed with a wedge or crowbar, they take out the cut off parts.

Previously, joining of cast iron pipes was carried out using one of the following methods:

  • through the use of sand-cement mortar for caulking seams;
  • using sulfur for filling.

You can clean the pipe from hardened cement mortar by picking at the surface of the seam with a screwdriver. The easiest way to remove sulfur is by burning it off: to do this, you need to heat the parts of the water supply riser structure with a soldering iron. In order to control the draft in the riser, you should place a metal or asbestos-cement shield on top of the pipe. Having warmed up the riser, you can easily disassemble it at the joints.

You can remove the parts obtained after cutting the pipe using a screwdriver. If any elements are stuck, they are knocked out with a hammer. In the resulting free space, markings are made for clips intended for fixing pipes in the wall at the distribution points.

Stage No. 3 – installation of a new pipeline.

Installation of a new pipeline

At this stage, they cut pipes to the required length. To do this, use a hacksaw or scissors for cutting polypropylene. At the junctions of structural parts, marks are made to indicate the connection point.

You should pay attention to what material your neighbors' water supply risers are made of. If they are metal, then you should analyze whether their condition allows threading from the end side. You can make cutting easier by lubricating the end of the pipe with machine oil.

Taking a grinder with a grinding disc, you should trim and remove the conical chamfer from the cut of the pipe along the entire perimeter. Sometimes the existing metal pipe may seem unreliable. In this case, to avoid the risk of damage, you should simply take the finished thread (5-7 turns) and weld it. An alternative solution could be to join the parts using a collet coupling, to which, in turn, attach an adapter coupling with a thread suitable for mounting plastic pipes.

When installing the pipes, apply little force when tightening. This effect is created artificially by placing linen winding at the joints and coating them with investment paste. Before placing the adapter on the cast iron pipe, sealant is applied to the joint.

It is much easier to connect two plastic elements - the joints are first cleaned and degreased with an alcohol composition.

To weld polypropylene pipes to each other, you need a welding iron with a Teflon nozzle. Welding occurs at a temperature of approximately 250 °C. Both the fitting and the end of the pipe should be placed on the heated device to the full depth of the nozzle. After this, the structural parts must heat up properly, and only after that they are removed and joined to each other.

Who should pay

Residents of high-rise buildings receive monthly notices for payment of utility bills. Among others, there is a paragraph that also contains the answer to the question of at whose expense the risers in the apartment are replaced - “Maintenance of the premises.” The amount is calculated depending on the size of the apartment and the number of people living in it. Both sewerage repairs and the installation of a new riser are financed by these contributions.

The situation is different when the tenant made unauthorized changes in the building’s utilities. In this case, the management company is not responsible for the installed equipment. In the event of a breakdown or leak, the person at fault must pay for eliminating the consequences and replacing the riser.

The riser burst: who is to blame and what to do

Apartment owners, as direct users of housing, are obliged to independently maintain the good condition of communications related to the apartment. According to the Housing Code of the Russian Federation, responsibility for pipes (if a riser breaks) is distributed as follows:

According to the approved Decree of the Government of the Russian Federation No. 491 of August 13, 2006, “Rules for the maintenance of common property in an apartment building,” the risers through which hot and cold water supplies are supplied belong to the common property of the residents of the apartment building.

Emerging conflicts

According to GOST 3262-75, galvanized steel pipes have a guaranteed service life of 25 years. Based on this, deadlines are set for replacing risers in an apartment building. The management company is obliged to make major repairs and lay new utilities. If this does not happen, a breakthrough may occur. Then all the blame will fall on the organization that carries out the trust management of the MKD property.

Quite often, residents cannot get the management company to inspect the fault or replace the damaged riser. In this case, who is to blame if a pipe bursts? It is important to have a copy of the application, which contains a note that the problem has already been reported in writing, and the document about this has been accepted by an employee of the responsible organization. Then the management company is obliged not only to make repairs, but also to compensate for damage caused by the flood.

At whose expense is the replacement of the water supply riser in the apartment carried out?

In cases where it is necessary to replace the water supply riser in an apartment, you must first submit an application to the Criminal Code addressed to its director.

Application to the Criminal Code addressed to the director

However, even before this, it is recommended to call a plumber to your home, who will inspect the equipment and draw up an appropriate report, indicating the degree of wear and tear, any damage, and also give a conclusion that replacing the water supply riser in the apartment is an objective necessity.

There is no generally accepted form for such a statement; the main thing is to indicate the reason for replacing the water supply pipes in the apartment.

At the end of the application, it is necessary to clearly formulate the requirement for repairs or replacement of the water supply riser in the apartment. You should also put the current date and signature under the text. The application must be drawn up in two copies, one of which is provided to the management company, and the other remains with the tenant.

In order for your application to be considered as quickly as possible, you must pay all utilities regularly.

After the management company positively resolves the issue regarding your application, its employees should discuss with you the date and time of repair or replacement of the water supply riser in the apartment. Employees of the management company or a contractor hired by it take part in the repair work.

Recommended articles on this topic:

  • Renovation of a combined bathroom in Khrushchev
  • Stages of renovation in an apartment
  • Apartment renovation services

The owner of the apartment must ensure free access for specialists to elements of the water supply system.

Another important question: what is the cost of replacing the water supply riser in an apartment?

In theory, everything looks simple: the tenant does not have to pay for the replacement of elements of the water supply system right up to the first connections.

However, in reality the situation may develop somewhat differently: the Criminal Code, having received your application and studied it, will put you in a queue of others awaiting a decision. It is worth noting that the waiting period can last for years.

There are two main options for further developments:

  1. Wait until there is an accident in the water supply system of the house, which could result in flooding of the entire entrance. This will prompt the housing department to carry out repairs (usually the management company replaces the water supply riser only during major repairs). It happens that under such circumstances, repairs are carried out partially, and the newly installed equipment fails within a year.
  2. Hold a meeting of residents to discuss organizing the replacement of the water supply riser at your own expense (the total cost of the work is about 3-5 thousand rubles).

Summarizing the above, we find that in order to replace the water supply riser in an apartment, it is necessary to adhere to a certain algorithm of actions. First, you should submit an application (see above) to the Criminal Code. Secondly, it is important to indicate a serious reason for replacing the equipment, and also attach visual evidence of the situation to the application (photos, expert opinion).

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