If an apartment has been flooded, you have to try to record material damage as quickly as possible, so that you can draw up an act according to the appropriate model, about how to shape it properly, about the examples that are prepared, and about how to deal with such an unpleasant situation – in this article.
Blank of the apartment flood certificate (word)
Appointment and validity
In general, such an act is referred to as a different term: flooding, leaking, Gulf, or simply causing material damage (sometimes also an inspection certificate). The primary purpose is to record the following facts:
- The flooding itself;
- :: Material damage caused to each individual place of accommodation;
- :: Material damage that was delivered to a particular object (movable objects, valuables);
- Confirmation of the fact that the damage was verified by the neighbours, the perpetrator (if he agreed) and the representatives of the management company that serves the house.
Thus, regardless of the particular pattern and form on which the act was drawn up, the document records the flooding of the apartment and the related material damage, which may be used in subsequent proceedings, including judicial proceedings, as basic or additional evidence.
Preparation is a mandatory procedure, even if the flooding was not immediately detected; for example, if the owner or employer returned from leave and saw the consequences of the incident, it is necessary to record such circumstances and describe the damage on paper.
♪ Who makes ♪
It is not always made by one person, but by a commission, which is composed of:
- The injured party is the owner or employer of the dwelling;
- The guilty party, if it agrees and is present during the inspection of the premises;
- Neighbors who can both testify to the bad conduct of the guilty party and take part in the examination and confirm the damage described;
- A representative of the management company (or HEC, TCA) that serves your house.
If the perpetrator was not present
At the time of writing, the guilty party may refuse to be present. Situations may vary, for example:
- Guilty doesn't make contact at all.
- The perpetrator makes contact but refuses to confess guilt.
- The party causing the damage may not be present at all during the drafting of the act.
- Finally, even if the act of flooding of the dwelling is modelled and the perpetrator is present, he may refuse to sign the document.
In that case, the document is still drafted, and its legal force and meaning is not lost. In fact, it needs to record the incident itself and its consequences in writing, so that the guilty party signs the paper, whether it participates in the examination or refuses to do so, it does not diminish its strength and does not affect the procedure itself.
However, if the neighbour was involved in the examination but refused to sign the paper, the particular should also be recorded, and the neighbour himself may sign in the line. For example, "The owner of the apartment No. __ addressed to ___ took part in the examination after the flooding, but refused to sign the act." And there is the signature of the citizen.
If a neighbor refuses to make contact, it is the right thing to do to reflect that fact. You can send a letter with a notice or a telegram to his address, then you can save the service notice. Text is done in an arbitrary way. You can use this model as a basis.
Model and example of act
There is no uniform form in the law for an act on the flooding of an apartment, so any model can be used on a case-by-case basis; such paragraphs should be reflected in the text:
- The "Authority" visa is left in the upper right corner and is signed by the representative of the managing company who drafted the act (usually the head of the firm or his deputy).
- The composition of the commission, which has witnessed the consequences of the incident and is prepared to testify, and has worked on the text of the paper itself, should be indicated in the full title of the post, as well as the FIO.
- This is the owner or employer who rents an apartment or uses it in accordance with a social employment contract.
- The reasons for the Gulf are given directly, and it is also desirable to refer to the rules that have been violated by the perpetrator (which refer to the standards for the technical operation of the accommodation).
- The cause of the incident can be summarized again, after which specific material losses can be described by room and property.
- It is also permissible to indicate the estimated amount of all remediation work (to fully address the consequences of flooding).
- The following are the annexes if additional evidence or material is assumed to be available: Most often, photographs and videos are used to confirm the flooding and make it possible to make a visual assessment of the amount of damage to both the apartment and the movable property.
- At the end, all parties sign and decipher the signatures – the owner (or employer), the guilty person (if present) and the representatives of the managing company – and seal the company.
- You can use this form as a basis.
- The following are specific examples that can be used as models for recording damage from the bay of the apartment.
It is also possible to draw up a document in a tabular form – in some cases, this form is the most appropriate form. You can fill it in hand or type it on a computer.
STUDY: Generally, material damage is quite high and its description requires particular precision and detail; therefore, before signing a document, it is best to make sure once again that all the facts have actually been described and that no detail has been missed.
How best to formulate the text
The text was written exclusively in the formal and business style, with the main requirement being to be precise, to be clear, so that all information should be clearly understood, and no questions to the text should be raised either by the person causing the damage, by the judicial authority or by other interested persons.
Therefore, such requirements should be taken into account when filling:
- Describe all the areas affected, where possible, the total square area affected by the water.
- It is important to be specific when describing: for example, instead of "drained the wallpaper in the kitchen", the reference "did the top of the wallpaper at a distance of 70 cm from the ceiling on the left side of the wall."
- When describing damage to a property object, it is better to give its official name, especially in the case of high-value items, such as the " Samsung ArtPC Pulse 2015 " system block.
Thus, it is not as important as the model of the act to be used by the injured party in describing the objects of the victims of the flooding; it is much more important to observe order, invite witnesses, draw up a document as soon as possible and gather maximum evidence of the harm of the bad neighbour.
You can find out more about how to do that here.
Procedure for flooding
It's important to understand that if the apartment is drowned, it's not always the fault of the neighbors; for example, it's possible that there's a bone upstairs, water flooded both of them, and your apartment, and it's already the fault of the company manager who failed to repair in a timely manner, and that's why the incident happened.
Thus, despite all the trouble in the situation, there is no need to rush into conflict, to accuse neighbours and even more to commit illegal acts, and the sequence of actions will be as follows:
- First of all, you have to turn off all the electrical devices, and you'd better just shut down the whole apartment with a button or a special security key.
- Next, the apartment needs to be carefully examined for damaged pipes – in case the cause is not related to the neighbors, namely, a technical accident.
- It's more important to record all the facts, document the act, invite witnesses, and then we can clean up the apartment, otherwise it's gonna be a lot harder to prove.
- The owner calls the company immediately (and the employer calls his employer, his employer, the owner of the dwelling) and informs of the situation; in case the application can be duplicated with a letter or telegram based on such a sample.
- It is important to draw up an act either this day or at most the next calendar day, and if the management company refuses to do so for some reason, it is possible to draw up the document on its own by inviting its neighbours as witnesses, and it is better to make a video or photograph.
- Further action depends on the conduct of the guilty party – that is, the neighbour refuses to cooperate, admits guilt or not.
In general terms, there are two scenarios:
- A peaceful settlement is, unfortunately, the most rare case, and the neighbour admits his guilt and is prepared to make full reparation.
- Judicial authorization is the most common option that needs to be morally prepared.
By collecting the maximum of the evidence (the certificate itself of the examination of the apartment, the video, the photographic material, the written testimony, the results of the assessment, etc.), the plaintiff applies to the court and the jurisdiction depends on the amount of the damage:
- Court of Justice (immediate damage, up to 30,000 rubles, without taking into account the amount of moral damage).
- The federal court (the damage was caused by a large, over 30,000 rubles or the owner was unable to give precise figures).
ATTENTION: Even if the neighbor fully admits his guilt and is peace-loving, the document still needs to be written, and he has to sign the paper. Situations are different – in some cases, people may not keep their word and give up their oral promises.
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The Housing Inundation Act: sample 2023, the time frame for drawing up the garden and the house
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Once the room is flooded by the neighbors, it is always necessary to buildAct on the flooding of an apartmentIt is part of the basic documentation in the event of an accident, and the use of the act will allow the parties to present the details of the incident in an objective manner and to neutralize and close it properly.
But in order to get the form right and then fill it out, it's important to know the rules and the order. To do this, an excellent example will be the latest development of the 2023 model.
What is the act of flooding the apartment?
The Water Bay Act is a document that reflects all the losses suffered by the injured party; the paper is valid in a court hearing where it reflects all the damage caused by the water on the objects, household, items, floor, walls, ceiling, etc. The Act has legal effect from the date of its negotiation and signature by the parties.
To get things right, you need to know what it looks like.Model 2023, time frame for drawing upwhich is to be filled in on a model form.
The purpose of such a document is to record the fact that an incident has occurred, and it is necessary to have a documented basis for recovery of material damage resulting from the filling of water.
Who is obliged to write it
Inundation can occur for different reasons, and each of them plays a major role in where to ask for an act, who is obliged to issue it.
For example, if the flow of water is due to a pipe break in the house, then a specialist should be called to determine the location of the breakout, which can come from sewers, not just water pipes.
Decompressed roofs can also create difficulties during rainy days, or during snowfall.
Three options for an emergency:
- Inundation from the roof;
- From neighbours;
- It's inside the apartment itself.
In the latter case, the incident is caused by the failure of the plumbing and the pipes.
In the case of localizing points for leaks outside the apartment, or leading to couplings, the responsibility lies with the CRT, the CSN, another housing office.
If there's a rift in the apartment, then the owner is responsible for it himself, you don't have to write an act.
Who and in which cases shall constitute the act:
Classic case | Whose fault | ♪ Who makes the act ♪ |
It's leaking from the roof. | Housing | Commission |
Disruption of water pipes or sewers in the apartment. | Owner | The owner of the dwelling shall cover all the costs of repairs on his own. |
Pipes broke through the house, outside the apartment. | Housing | Commission |
Neighbors forgot to turn off the tap with water. | Neighbors |
The Commission shall be composed of the parties:
- The victim is the owner (or owners) of the flooded dwelling;
- Guilty is determined according to the circumstances of the accident;
- The neutral control is the representatives of the vests.
The latter include officials from the TSN, the TSW, the LKH, another organization that manages the housing of the multi-family house; the commission does not include witnesses who are understood, but they must be present at the signing of the act.
This is particularly important in cases where the person responsible for the accident has refused to confess guilt, the commission prepares and signs the act, but last but not least, it first identifies the perpetrator, the injuries, describes them, calculates the damage.
Form of sample
When examining sample 2023, the time frame for drafting the act is given careful consideration to the very content of the document.
The act must necessarily reflect:
- The hat, in the right corner of the document, begins with the words "TAVERJAJU." The name, the name of the management of the organization that runs the housing unit to which the house belongs, is given here a place for the signature of the director and the organization's seal.
- Name, act number (serial), place and date of compilation.
- The paragraph begins with the words "Commission as a member" – names, CBS, CSN, or otherwise (all fills in blank lines).
- The proposal continues: "The present act" – followed by the number of the apartment where the incident occurred, the name, the name of the owner.
- The characteristics of the house where the apartment is located are the year of construction, the storytelling, the other.
- It says where the filling comes from - the number of the apartment, F.I.O., the owner of the guilty person (if he's guilty).
- List the damage, the amount of the damage in monetary equivalent (R.E.).
- The reason for the bay is shown below.
- What was the problem with the maintenance of the living quarters?
- What should be done if the losses are eliminated and within what time frame?
- The signatories are the commission, the culprit, the victim.
Duration of the instrument
The act must be completed no later than 12 hours after it has been discovered that the apartment has been flooded and the emergency services of the LAC have been called in. The document is in force until the damage has been fully repaired. Once all has been repaired, the monetary costs will be covered, it will be possible to form a certificate of acceptance and transfer which will reflect a picture of how the consequences of the accident have been addressed.
For the record:It is not possible to repair immediately after the filling, except to remove the water so that it does not leak to the neighbors on the floor below. If you remove all traces of the bay immediately, then the act automatically becomes null and void, without the required proof of the existence of the actual damage.
Cases of invalidity of the Gulf Act:
- In an act of self-involved nature, when the perpetrators refuse to acknowledge the error that led to the accident.
- The document is written without the date, the specific address of the event, in the absence of signatures, or at least one.
- The paper does not reflect the validity, contradicts the details of the damage, the damage, and therefore requires a change.
Model 2023, the timing of its compilation, and how to draw up the Water Bay certificate, all of which should be known in advance to each owner of the dwelling because no one is 100% insured from accidents.
As soon as there's a leak, you have to call the emergency team and then the commission, and it's the commission that makes the act.
On the basis of this document, it will be easy to prove itself in court if the perpetrator of the flooding refuses to compensate for the damage caused by the flood of water due to its negligence.
Read also:The Gulf of the apartment is the fault of the management company.
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The Bay Act
Contents:
Experienced lawyers point out that it is important to know how to draw up an act of flooding, as this will have a direct impact on the compensation process in the future, as this document:
- is evidence of flooding established with the participation of the service organization and other witnesses
- indicates objective damage and is the basis for the formulation of claims by the guilty party
- The necessary element for an independent assessment of the damage after the Gulf and the filing of a claim with the court
The initial stage of compensation for damage caused by the Gulf and the restoration of violated rights is the drawing up of an act of flooding, a model of which you can see further in the article. It is worth noting that, without a survey certificate, it is much more difficult to recover damage.
We're assessing the damage from the bay from 4,900 rubles, a great deal of experience and compliance with the Law.
Leave the application and get a consult.
Model of the housing inundation certificate
The following are examples of the disadvantages and advantages of such papers.
A sample of the act was provided after the Gulf by the neighbour, which took into account all the drafting and discharge rules: the signature of the commission, the victim and even the neighbour present, all the damage and the reasons for the Gulf, and all the necessary seals and copies.
This sample of the inspection certificate after the Gulf of the apartment does not contain the seal of the management company, in which case the owner must insist that the service provider print and make all necessary copies and give you one of them.
By reference, you can download the Act template.
Who calculates the amount of compensation
Notwithstanding regulations requiring service providers to assess the amount of compensation, they refuse to assume such liability and refer victims to valuers who meet the following requirements:
- Conducted in the SRO by the evaluators
- Specialized higher education or re-training
- More than 300,000p insured
- Has a qualification certificate for the valuation of movable and immovable property
You can contact us by telephone for the evaluation, or leave contact and we'll call you back.
How to Compute the Gulf Act
The service company ' s commission inspects the apartment after the bay and prepares the document in an arbitrary written form, as there is no single normatively defined format; however, the following elements are required to be specified in the Act on the Bay of the Administering Company ' s apartment, JEC, DESA or Housing Officer:
(1) Composition of the commission, which may include:
|
(2) Documentation of flooding with the following indicators:
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(3) A statement of the reasons for the Gulf, specifying the following details:
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(4) Establishment of a relationship between the violations found and the damage caused to the apartment |
(5) The document must be signed by all members of the commission |
(6) Refusal to sign by one of the participants in the inspection shall be recorded in the document by the relevant record. |
(7) The act of damage in flooding must be approved by the seal of the service company (the chief engineer or director of the housing organization) indicating the date of the inspection of the filling dwelling. |
Appropriate form of the flooding act
Another form of the flood certificate, which details all the damage suffered, the wall materials, the ceiling and the floor cover, details the cause of the accident and the actions taken to remedy it, as well as recommendations to the perpetrator and the injured party.
It's a memory check.
You can download the link and print out the list.
Memories | Got it. |
Prepare for inspection or measure the area of the premises | |
It is desirable that the names of the premises in the act correspond to the display of the BTI. | |
The act recorded the area of damage on the floor, ceiling, walls. | |
Finish the damaged furniture yourself if the employees of the service organization refuse to write it | |
The act must record the causes of the damage and in whose area of responsibility they are to be removed. | |
There are signatures from members of the commission, e.g., g. engineer, surveyor, plumber | |
Take pictures and video of the damage. | |
NB, you have the right to request a repeat, if not all the damage is specified in the original!NB! If you have been flooded by your neighbors, you are advised to decide in pre-trial proceedings. If the managing company/resident, then in court. | |
Call https://notis.ru | V |
Save it, promise it'll come in handy.
Regulation governing the drafting of an act
How the Gulf Act is correctly drafted is regulated by the Regulation on the Procedure for Repairs Related to Damages to the Accommodation.
This regulation immediately requires that, in the event of damage to a dwelling being reported to the control control service of the management organization, a commission should be conducted.
This government regulation requires the Act to be prepared in triplicate (for the parties to the dispute and the housing organization itself), and the results of this examination are used to calculate the estimate for the rehabilitation of the damage from the Gulf.
The issue of compensation and compensation for damage caused by flooding is regulated by this Regulation as follows:
- The physical or legal person responsible is required to perform the repairs, as calculated, at his own expense. (The truth is not indicated by whom the estimate should be prepared)
- When the responsible party has identified a company that operates the house, it is obliged to carry out the repairs in full at its own expense, which, unfortunately, is very rare in practice.
Time frame for the drafting of the act
The time frame for the preparation is regulated by the provision of public utilities No. 354, which reads as follows:
"The stated report on the effects of the Gulf shall be drawn up by the perpetrator and signed by him not later than 12 hours after the consumer has applied to the emergency control service.
If it is not possible for the consumer (or its representative) to sign the document, including because of its absence from the premises, the act must be signed by two uninterested persons in addition to the perpetrator.
The paper shall be drawn up in two copies, one of which shall be handed over to the consumer (or his representative), the other one shall remain with the perpetrator."
The problems that haunt many of our clients — the service providers refuse to prepare the document on time, or at all refuse to do so, in which case you need to come to the shelterer's office and write a statement about the need for an examination and to draft the document.
You can then contact the Housing Inspectorate (if you have a lot of time) or call us over the phone and we will draft our act and calculate the damage to the inspection as soon as possible.
With regard to the time limit, the statute of limitations, when you may claim damages, states:
"The damage to the life, health or property of the consumer caused by the violation of the quality of the provision of public services shall be reimbursed within 10 years from the date of the provision of such service.
At the same time, claims filed three years after the date on which the right to compensation for such harm arose shall be granted in the past not more than three years prior to the filing of the claim.
»
The tenants are now reluctant to assume responsibility for calculating the cost of the damage, so in the case of the Gulf, there is an independent damage adjuster who makes a legitimate calculation of the damage to the apartment. For a fair calculation, you can contact us by telephone.
Author: Alexander Kirikov
A sample of the housing flooding certificate from the top: How do you make a document about the Gulf of my property from the top?
According to the Housing Code, the responsibility for the maintenance and preservation of property rests with the owner of the dwelling or the tenant (art. 30, art. 67).
Nevertheless, no one is insured from accidents, and the apartment may be flooded by neighbors on top.
In such a case, the Verification Act — a document describing and certifying the damage suffered — should be drafted, including as a tool for bringing the perpetrator to justice.
The Gulf of Neighbours Act from the Top - Legal force
- Government Decision No. 354 is the main substantive document that provides a legal guarantee of the rights of consumers of public services and establishes the procedure for fixing and holding parties accountable for violations.
- In the event of an emergency caused by the actions of neighbours from above, damage must be recorded and damage assessed within the time limits established by law.
- The customer should be guided by the following provisions of the Ordinance:
- Para. 106: Procedure for recording an incident when the victim approaches the control service.
- Para. 108: Time frame for the departure of the emergency service to the flood site to determine and eliminate the cause of the leak.
- Paragraph 109: Grounds for drawing up the Verification Act.
- Paragraph 110 (1): Actions by the consumer in case of non-performance of exit obligations by the dispatching service or the controlling company.
- Paragraph 152: Time frame for the formation of the commission and the drafting of the Act.
Help!The legislator does not establish the criteria for the act in the regulations in force; therefore, the instrument may be supplemented by any provisions at the discretion of the filler.
Who's making up?
- The issue of the Audit Act is the responsibility of the trustee or other operating entity performing obligations for the maintenance and utilities of houses.
- The staff of the organization will be a member of the board of inquiry.
- They may be made by:
- Housing and maintenance office.
- Comrade of the owners of the dwelling.
- Management organization.
In addition to the members of the commission, they are required to sign:
- The injured party.
- Guilty of the accident.
- Two independent witnesses.
If necessary, invited witnesses will be required to testify before the court, and it is better for them to be friends of the family or close relatives.
With the participation of the commission, the exit of the locksmith ' s crew must take place within two hours of the victim ' s request under paragraph 108 of SP 354, and the inspection certificate must be drawn up within 12 hours (para. 152 of PP No. 354). Sometimes the procedure may be of up to three days ' duration.
It matters!The act must be drawn up in the presence of witnesses, explaining the circumstances and nature of the injuries, and not merely certifying them with signatures.
If this condition is met, it will be possible to establish a causal link between the damage and the cause of the flooding on the basis of their testimony.
The certificate shall be issued in multiple copies, one for each participant.
If the perpetrator wasn't present?
The alleged or identified perpetrator of the accident must be present at the inspection and must certify the document by his signature; if the neighbour refuses to sign the Act, this fact must be reflected in it.
In the event that the perpetrator could not be reached or reached or was absent for some reason, a letter of delivery should be sent to his home address requesting him to report to the scene of the accident.
This obligation is assumed by the operating organization: if the victim makes the Act without the involvement of the PC, he or she will have to write a letter on his or her own; the letter should indicate the time and date of the examination, the request for presence, the address to which the examination is being conducted, and a warning that in case of non-appearance, the examination will be carried out in the absence of the perpetrator.
A Model and Example — How to Draw?
- It's the easiest way to make a flood certificate with a sample on it.
- The document may reflect the legal status of the dwelling, the presence of the encumbrances and the number of owners.
- However, only in the absence of the following paragraphs may it be declared null and void:
- The address of the apartment that was flooded.
- Date of compilation.
- List of members of the commission, by job description.
- Accommodation: floor, floor, rooms.
- Total damage from damage, list of damaged property.
- Control inspection report, cause of flooding.
- Dimensions and nature of the damage.
- Signature of members of the commission, witnesses and participants in the accident.
Paragraphs 3 and 6 may be deleted if the victim prepares the document on his own; an example of the Act is available by reference.
Help!The participants in the accident, the victim and the perpetrator are not members of the commission: their names need to be placed in a separate box.
Text wording
In drafting the document, vague language should be avoided and efforts should be made to specify the nature of the damage so that the condition of the property could be assessed when reading the description.
It is necessary to:
- Indicate the space to be described and its intended use, as well as the area in square metres: kitchen, 10 square metres.
- Describe the invoice, describe the damage and indicate the area of the damage: the walls are waterproof paint, along a perimeter of 0.5 x 0.4 m yellow leaking stain, wet.
- Clarify the cause of the flooding (at least presumably): the leak from apartment No. 25 is the fault of the tenant.
- Clarify that the perpetrator was not present or signed (if necessary).
In most cases, the operating company does not neglect the address of the owners and travels quickly to the site of the inspection.
The duration of the procedure may be up to three days.especially if the time of the incident coincides with the days off, in some cases the Act will have to be drafted on its own.
A model and example of compilation will come along, as well as knowledge of the main aspects of the verification act.
Act on the Bay of Apartment (model)
The Bay (Flooding) Actthe Leakage Act, the Leakage Act, the Damage Act — whatever its name is — is the first and most important document that establishes the causal link between the event (accident, for example) and its consequences (damage to property).
Such an Act is the responsibility of the organization that operates the house (this may be DEZ, WEC, WEA, Managing Company, etc.) and the Gulf Act is based on an inspection of the premises. It is often your competence to determine whether the document is sound and complete.
The procedure for the processing of the Inspection Act is set out in Annex No. 2 of the Order of the City Order and the Department of Housing and Communal Management and Improvement of the Government of Moscow of 12 March 2001.
No. 55-48/1, No. 5-37/1, "On the approval of the Regulation "0 procedures for the renovation of the vacant dwelling" and the Regulation "0 procedures for the repair of the accommodation".
The provision is mandatory for all housing organizations, regardless of the form of ownership.
This Regulation has been drafted with a view to streamlining issues arising in the management of the housing stock by organizations of different organizational status, such as damage to public premises owned by Moscow or private property of natural and legal persons.
Due to irregularities in engineering equipment, the following provisions are proposed to be followed.
When a request for damage to a dwelling is made to the control service of the organization managing the housing stock (hereinafter referred to as the housing organization), the latter shall arrange for a commission to be carried out on the ground in the presence of:
- The injured party;
- Senior at the entrance (home);
- A representative of the organization that operates the dwelling;
- A representative of the housing organization.
The results of the commission ' s examination of the damaged dwelling on the ground include an arbitrary form indicating the cause of the damage, a description of the extent of the damage caused (for subsequent determination of the extent of the damage) and a finding of the actions (no action) that have caused damage to the dwelling, either by the outside or the operating organization, or by the owner of the damaged dwelling, or by another person or entity, the responsible party.
The act is drawn up in triplicate, signed by all citizens present during the examination of the damaged dwelling, approved by the chief engineer of the housing organization and handed over to one representative of the guilty and injured parties; the third copy of the Act is kept in the housing organization.
In the event that damage to the accommodation occurred because of unlawful acts or omissions of one of the users (owners, employers, tenants) of the premises above, it is mandatory for him or his representative to be present during the inspection of the damaged premises and to sign the Survey Act by him or her.
If the guilty party refuses to sign the Survey Act, the Act must record it (before the signatures of all other persons present at the commission).
On the basis of the Act, the organization in charge of the operation of the dwelling shall prepare a price list of the work to be done to repair the damage noted in the Housing Survey Act.
The price list (with registration number and date) shall be formally presented to the guilty party.
If the perpetrator is an organization that operates the dwelling, it shall repair the damaged dwelling at its own expense.
If the perpetrator is a natural or legal person occupying the premises above, he or she must perform repairs at his or her own expense.
In the event of the refusal of the natural or legal person responsible for the damage to the dwelling to carry out the repairs himself or herself or to pay the cost of the work according to the price list, the housing organization must:
(a) If the damaged accommodation is located:
- State property in Moscow (recruited or leased);
- the property of a natural or legal person with whom a joint ownership agreement has been concluded (the right to management has been transferred) to carry out repairs with the funds allocated for the operation or major repairs of the housing stock (depending on the nature of the repairs), and the loss of the repairs carried out shall then be compensated in accordance with the established (judicial) procedure by the guilty party;
(b) If the damaged dwelling is owned by a natural or legal person with whom no joint ownership agreement has been concluded, transfer the Act to the injured party in order to protect his or her interests.
The repairs may be carried out at the expense of the guilty party in the amount of the price list:
- by the organization that operates the housing stock;
- by the injured party on its own;
- the guilty party.
The time frame for the execution of the work should be agreed (written) with the representative of the injured party.
The acceptance of the work performed shall be carried out by the housing organization according to the Act, in accordance with the price description of the work performed.
Disputes over all matters arising in determining the scope of the necessary repairs to repair the damage to the dwelling are settled by the housing organization.
Disputes concerning the amount of damages and the payment of the repairs carried out are subject to judicial review with the participation of representatives of the housing organization and interested parties.
- This Regulation is mandatory for all housing organizations, regardless of the form of ownership.
- There is no uniform form for the Formation of the Bay Act (injury of accommodation) and the operating entity has the right to develop its form of the Act, which must specify:
- Date of drafting of the Bay Act
- · time and date of the event (house bay)
- · Causes of the Gulf
- · probable causer of damage (the final decision on the perpetrator is made by the court)
- Detailed description of damage caused to the accommodation (generally, representatives of the operating organization refuse to record damage to movable property)
- The Law of the Gulf (Flooding) must be at your disposal until the issue of compensation for damage caused by the flooding of the apartment is resolved.
Once the Gulf Act has been drafted, contact us. Our evaluators will determine the exact amount of damage that will be confirmed by an official report. With the Gulf Act and the Damage Assessment Report in your hands, you can safely claim compensation for damage caused by pre-trial or judicial flooding.
If you insist, ask that all the injuries be marked!
Model of the Gulf of Premises Act
- LoadA sample of the act.
- ACT No.............................................................
on the Impact of the Bay of the Residential/Non-residential Room
Address:________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
"___" _________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________The Commission shall consist of:________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________ - (posts held)
has been issued by Act No.
about what she was.
:: Surveyed apartment No..........................................................................................
The dwelling is located in the area of the bay of the above-mentioned apartment No. ___.......................................................................
- on the _ floor of the _-storey house (specify the floor, the deck of the house) ___ of the year of construction,
- (state the extent of damage caused, including damage to items)
- A survey of the above-mentioned apartment No.
______________________________________________________________________________ - (state the cause of the bay, indicating the act or omission of the causer of the injury)
- Buildings management standards were violated:
______________________________________________________________________________ - (specify which building maintenance standards have been violated)
- Thus, the reason for the Bay of apartment No.
______________________________________________________________________________ - (specify the reason for the Gulf)
- Refurbishment by forces:
______________________________________________________________________________ - Description of the extent of damage caused:
It shall consist of ___ rooms.
On the date of the survey, the commission found that during the Gulf in apartment No.
_______________________________________________________________________________
1. Room..........................................................
______________________________________________________________________________
(volume of damage caused)
2. Room..................................................................
______________________________________________________________________________
(volume of damage caused)
3. Corridor............................................................
______________________________________________________________________________
(volume of damage caused)
4. Kitchen......................................................
______________________________________________________________________________
(volume of damage caused)
5. Sanusel.................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
______________________________________________________________________________
(volume of damage caused)
6. Bathroom.......................................................
______________________________________________________________________________
(volume of damage caused)
Remedial work:
1. Room..........................................................
______________________________________________________________________________
(Refurbishment list)
2. Room..................................................................
______________________________________________________________________________
(Refurbishment list)
3. Corridor............................................................
______________________________________________________________________________
(Refurbishment list)
4. Kitchen......................................................
______________________________________________________________________________
(Refurbishment list)
5. Sanusel.................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
______________________________________________________________________________
(Refurbishment list)
6. Bathroom.......................................................
______________________________________________________________________________
(Refurbishment list)
The harmdoer refused to sign.
(recorded in case of absence of the perpetrator of the injury or refusal to sign the Act).
Act No. ___ of "___" of ____________ of ___________________ was prepared by means of an external inspection.
- A commission consisting of:
— __________________ (_________________________________);
— __________________ (_________________________________);
— __________________ (_________________________________); - — __________________ (_________________________________).
- The following were invited to confirm the Act:
- Damage caused by: ___________________ (________)
The injured party shall:
M.P.