Practice shows that citizens change heating radiators in apartments without notifying the management company. Believing that the owner has the right to make any changes in his own apartment, the owners are violating legal standards. Replacing heating batteries is a procedure that requires preliminary calculations, as well as compliance with many nuances.
Under some conditions, replacing heating radiators will require preliminary reconstruction of the entire living space, and this will require additional financial costs. Sometimes the management company does not allow replacing old batteries with new ones, explaining the refusal by the fact that changes in any design elements can lead to problems for other residents.
Of course, if the craftsmen checked all the apartments on time, inspected the heating mains for leaks, the need to update pipelines and radiators, there would be fewer problems. But so far no one provides such services, so let’s figure out in what cases the owner faces liability for actions to replace radiators and what risks there may be.
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Why and how the owner can be punished
It is worth knowing that radiators, which can only be removed if the heat throughout the entire riser is turned off, are recognized as common property and responsibility for such property is assigned to the management company (MC). Therefore, when the owner replaces a common house radiator without notifying and obtaining permission from the management company, the consequences in the form of leaks, incorrect connections, and other things fall on the owner of the apartment.
If, when replacing the battery, it is also moved to another place, the legislation recognizes the actions as refurbishment of a residential premises. This means that the owner must have a technical plan for reconstruction, which has been previously agreed upon with the local administration.
When moving the radiator to another place, that is, in the case of refurbishment of the apartment, the owner may be imposed an administrative fine of 1000-1500 rubles and forced to return the premises to its previous appearance - for this a lawsuit is filed with a decision made.
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If the owner not only moved or replaced the battery, but also connected an extra (additional) radiator and connected sections, then the management company has the right to charge additional heating fees. The calculation will be carried out according to the standard increased by 10 times. The amount turns out to be very considerable.
There is water in the heating system even in summer
The majority of the population is convinced that it is worth changing batteries only at the end of the heating season, then there is no need to turn off the heating and drain the water from the system. Alas, this is not entirely true.
In spring and summer, when the radiators in apartments get colder, many believe that there is no water in the risers, and there is no need to contact the housing office and economic department to drain it. This is wrong. In most cases, there is liquid in the pipes, since its minimal amount prevents the formation of internal deposits.
Emptying the heating system pipes occurs only in case of repair of pipes and pumping equipment or preparation for the heating season. It is not possible to independently determine the presence/absence of liquid in the risers. This information is available only to the chief engineer of the company servicing this housing stock.
Therefore, even in the spring-summer season, you will have to contact the management company, the housing office, or the economic development department with a request to drain water from the risers while the heating radiator is being replaced.
How to change heating batteries in an apartment without breaking the law
Note! Heating appliances should only be changed by an experienced technician. The slightest violations can lead to negative consequences for the property owner.
If heating radiators are noted in the registration certificate for the property
Review the technical data sheet; if it accurately indicates the radiator location zones, then any changes, be it replacement or relocation, will become a housing reconstruction with all the ensuing consequences. According to the Housing Code of the Russian Federation, Art. 26, reconstruction is required to be carried out in “compliance with the requirements of the law in agreement with the local government body on the basis of a decision made by it.”
This means that you need to obtain a permit , for approval of which the local administration requires the following list of documents :
- application from the apartment owner;
- documents confirming the ownership of the apartment where reconstruction work is supposed to be done - these can be originals or notarized copies;
- reconstruction project, previously prepared and executed in accordance with the procedure established by law;
- technical passport of the apartment where the work will be carried out;
- if the apartment is municipal, rented under a social tenancy agreement, the written consent of all family members of the tenant, both present and temporarily absent, is required;
- If the property is classified as an architectural monument, cultural or historical heritage, or the house where the apartment is located falls into these groups, it is necessary to obtain permission from the authority for the protection of architectural monuments, historical and cultural heritage - permission is issued to allow the planned work (reconstruction) to be carried out.
Sometimes a technical passport or a conclusion from the body for the protection of architectural monuments, cultural and historical heritage are not provided - local administration bodies have the right to request documents on their own, but in this case the apartment owner loses a lot of time due to bureaucratic delays. If the ownership of a real estate property is recorded in the Unified State Register of Real Estate and Transactions with It, then it is not necessary to provide title documents for the apartment to local authorities, but time will also be lost on inquiries.
The period for making decisions on the application is no more than 45 days from the date of submission of the package of documents. Approval means permission for housing reconstruction work, refusal means a ban. But the refusal can be appealed in court. After the reconstruction work has been carried out, the commission accepts the equipment into operation and issues a certificate stating that all work was carried out correctly and the heating devices are suitable for use.
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If work on replacing or moving a battery is carried out without approval or permits, it is recognized as unauthorized and punishable by fines.
In some cases, obtaining documents to legitimize the procedure can be obtained in court. But all factors will be considered, including the conclusion of a technical examination. But the conclusion is not always issued in favor of the property owner, since all technical standards must be met, and in the absence of experience and knowledge, it is difficult to carry out work without violations.
Who should change the batteries in an apartment according to Russian law?
With the beginning of the heating season, the issue of replacing radiators becomes more acute and urgent.
Often, in old houses, the batteries are in very poor condition, and management organizations are in no hurry to replace them, which only aggravates the situation. Moreover, management companies often shift the responsibility of replacement onto the apartment residents. In this article we will look at who is responsible for replacing radiators in a residential building. We will also touch on the question of where to go if you want to install a new heating system in your apartment.
Who owns the batteries in the apartment?
Before you figure out who should change the batteries in a residential building, you need to find out whose property they are. Decree of the Government of the Russian Federation No. 491 states that heating elements are part of the common property in an apartment building.
Also, according to this resolution, the common property includes the entire heating system of the house, which, in addition to batteries, includes the following elements:
- Risers;
- Valves (regulating and shut-off);
- Household heat energy meters;
- Other types of equipment that are part of heating networks.
Unfortunately, the concept of “common property” is very vague. And often, when emergency situations arise regarding the replacement of heating devices in apartments, both parties interpret this term in their own interests.
Homeowners believe that since the heating system belongs to common property, then the house management organization should be responsible for replacing faulty equipment. In turn, housing office workers claim that common property includes only risers and radiators that pass through several residential premises.
Due to frequent disputes, the Ministry of Regional Development of the Russian Federation has amended this resolution. According to this amendment, all heating elements located in private apartments are part of the common property of the house.
Thus, if the battery malfunctions, the responsibility for replacing it lies with the organization responsible for the maintenance and servicing of household property. However, management organizations are not interested in bringing this information to the attention of apartment owners.
It is important to note that if the government radiator or the pipes leading to it burst, and this resulted in flooding of the neighbors, the management company will be responsible.
Who should pay for battery replacement?
As we have already found out, the heating system is part of the common property of an apartment building and also includes radiators located in the apartments. , be it an HOA or a housing cooperative, bears responsibility for replacing batteries At the same time, they are obliged to replace the batteries free of charge.
Thus, if the battery leaks, you need to call a housing office employee, and he will replace the failed heating device free of charge. However, in practice, not everything is so smooth. There are often cases when housing office workers claim that they do not have a replacement battery. So they will try to repair the old battery, or even worse, remove the radiator and install plugs.
Since this wait can last for months, the apartment owner is simply forced to buy new equipment on his own. However, you should not expect compensation for new equipment. Even going to court will not help, since judicial practice says that the house management organization is not obliged to do this.
Thus, despite the fact that the management company is obliged to replace damaged batteries, residents often have to do this themselves. Naturally, no one is stopping you from pushing the management company forward by filing several complaints.
Where to complain if there is a long battery repair?
The management company is responsible for radiators, as well as other types of equipment that are part of heating networks. Here we should remember about certain responsibilities of management companies.
Management companies are obliged to:
- Monitor the condition of intra-house networks through which residents receive utility resources;
- Periodically check the quality of services provided. In case of delivery of low-quality services, the user may ask for a recalculation of the fee. Naturally, this does not relieve the supplier from the need to bring the quality of services back to normal.
Thus, if the management company tries to force you to install batteries at your own expense, you can file a complaint for poor quality services. All dissatisfaction regarding violation of deadlines or quality is initially presented directly to the service provider.
Requests for untimely provision of services or their inadequate quality must be submitted in writing. There is no specific complaint template. However, there is a procedure for how to form such appeals.
Thus, the claim must include the following information:
- Who is the performer;
- Full name of the consumer and his contact information;
- Date of request for service;
- Was the contract drawn up, if so, its number and date;
- What exactly is the improper performance of the service (violation of deadlines, inconsistency of quality) and a detailed description;
- Specific consumer requirements;
- Date and signature.
If such an appeal has no effect, you should go further through the authorities. First of all, you can submit the same statement of violation of your rights to the regional department of Rospotrebnadzor. This is usually enough to force the management company to act. However, in some cases, the case may end in court.
Difficulty replacing the battery
If the tenant decides to replace the batteries himself, first of all it is necessary to coordinate his actions with the management organization . This is done in order to avoid unpleasant consequences in the future.
If we are talking about replacing old radiators with batteries of the same type, it is enough to simply notify the management organization about the upcoming work. When replacing batteries with another type, which includes the possibility of different configuration and increasing the heating area, you need to contact a specialist to conduct an examination to determine the possibility of installing new batteries.
This is necessary because sometimes installing other radiators has a negative impact on the heat balance of the house. This also applies to changing the configuration of heating devices and increasing their number. Like any refurbishment of premises, such actions require amendments to the apartment’s registration certificate.
There are three ways to replace batteries:
- Call a technician from a service organization;
- Call a specialist from an independent company;
- Change the batteries yourself.
The best option in this case is to call a technician from a service organization. This is so that in case of possible problems in the future, you will know who to contact. If an accident occurs, you will not be held responsible for poor installation of equipment that caused damage to the property of other residents.
What applications should I fill out?
In order to replace the batteries in your apartment, you must submit an application for replacement of heating devices and an application for disconnecting the riser and removing water. The first appeal is submitted with the aim of obtaining approval in principle for the replacement and determination of deadlines, the second - directly for the execution of work.
Replacement cost
For dismantling and installing one radiator they charge from 2,500 to 4,000 rubles. This amount also includes related operations, such as garbage removal. The cost of the batteries themselves is not included in this amount.
It is important to note that if the work is carried out by the management company, certain categories of citizens can count on benefits. In particular, we are talking about the following categories of citizens:
- Pensioners;
- Large families;
- Disabled people;
- Other categories of beneficiaries.
Responsibility in an emergency
As we have already mentioned, responsibility for the consequences of a leaking battery and flooding of residents from below will lie with the authorized organization if it is determined that the owner is not at fault.
If the owner of the apartment arbitrarily replaced the radiators in the apartment without notifying the management organization, he will be found guilty. Even if the leak was not the fault of the tenant and is not related to the installation of new equipment, utility services can find a way to shift the blame to the owner of the apartment.
Also, if the installation of new batteries was agreed upon, but was carried out by craftsmen not from the management company, the owner will also have to be responsible for the consequences.
Source
Source: https://zakon.temaretik.com/1747867813804247376/kto-dolzhen-menyat-batarei-v-kvartire-po-zakonu-rf/
