With the onset of the rainy and cold season, the leaking roofs of balconies in apartment buildings become a real disaster. At the same time, not only the owner of the apartment on the top floor suffers from inconvenience, but also the neighbors below it. Since a large percentage of the country's housing stock is in a deplorable state. Often the problem of leakage with small capitals and efforts cannot be solved. A major and serious repair of the balcony slab is needed, and often the roof of the house itself. It is extremely difficult to find those who will carry out regular maintenance of apartment buildings and monitor the state of the housing stock in the area. So what to do if the roof of the balcony on the top floor is leaking, who should repair the object, who should the residents of the house turn to for help? Let's take a closer look at these and other questions.
What should you do when you find a leak?
In 2006, the Government of the Russian Federation signed a decree on the norms for maintaining property in apartment buildings. According to the document, any structural elements of the building fall into the category of collective property. This fact is indicated in paragraph 2.B of the decision. And this means that the tenants of an apartment building can make claims about the repair to the management company (below in the text of the Criminal Code):
Therefore, if the roof of the balcony of the last floor leaks in an apartment building, housing and communal services employees must repair it at the expense of budgetary funds. When the residents of the house apply, the refusal to restore work will be unauthorized. After receiving it, you can contact the district administration, the prosecutor's office. The right of tenants to service the housing and communal services is stipulated by law. In turn, the owner of the apartment is obliged to carry out maintenance and repair:
- balcony blocks, glazing;
- window systems or glasses;
- doors (entrance and interior) in your own apartment;
- parapet (if necessary, strengthen);
- non-residential areas (insulation);
- walls and ceiling in the apartment (fight against dampness, mold, fungus);
- façade (painting, cladding replacement, rust protection of metal structural elements);
- external fasteners (strengthening, replacement), etc.
You cannot demand from the management company to restore the object, which became necessary as a result of a canopy leak over a non-residential area in an apartment. The duties of the housing and communal services include only the reconstruction of the stove. Repair of walls and floors of non-residential area falls on the shoulders of the owner of the apartment.
What to do if a leak is detected?
If in an apartment of an apartment building located on the top floor the roof of the balcony has become unusable, its owner needs to go through a simple application procedure to the managing organization. It is submitted in the name of the legal representative of the company. In the application, it is necessary to indicate that the object is in an emergency condition and requires immediate reconstruction. To prove the words, the owner of the apartment must take photographs of dangerous areas or the consequences of destruction that are relevant at the time of application. Written certificates of the residents of the house (neighbors) are also attached to the application.
Important points for applying for the restoration of a canopy over non-residential objects:
In the event that the Criminal Code did not react in any way to the fact that the balcony was leaking in the house under its jurisdiction, or gave a negative answer. A tenant whose balcony roof has collapsed or leaked, in case of inaction or unauthorized refusal to repair, must collect a new package of documents and submit an application again. The same papers and new photographs of the object will be needed. But now it is wiser to send them to the district or city administration. You can get media attention.
In 72% of cases, the tenants of an apartment on the top floor repair the balcony above on their own at their own expense. If the physical condition of the object is terrible and really poses a danger to the health and life of the residents of the house or apartment, then you should go this way. But when preparing for restoration measures, do not forget:
- keep all checks for building materials and payments to employees;
- hiring official organizations that can issue a paper on the services provided for a certain amount;
- about papers confirming the feasibility of using specific building materials.
In the future, the owner can present the document to the management company, which must compensate for the damage. On a voluntary basis, this is hardly possible, so the reasonable advice would be to go to court. In most cases, the procedure for repairing a leaky balcony roof is lengthy and unpleasant. Therefore, you should be patient or enlist the support of a lawyer.
What damage is considered dangerous and subject to urgent repair?
There can be many reasons why the roof flows on the balcony of the last floor - from physical wear and tear of the material to improper installation of roofing material. In order for the Criminal Code to take up restoration work, the “problem zone” must be recognized as emergency. That is, the following types of damage should be identified:
It is precisely these destructions that should be photographed as evidence and laid with the application.
Why is it leaking?
The most vulnerable places of the building are the roof of the balcony and loggia. They are not protected from weather and atmospheric loads. At the same time, their maintenance is either not carried out at all, or cosmetic temporary events are held. According to safety standards, an assessment of the condition of awnings in apartment buildings and balcony slabs on the top floor must be carried out at least twice a year - during the off-season. It is practically impossible to involve representatives of the Criminal Code in the performance of their duties.
Therefore, the main cause of leaks is the physical wear of the object. There are others:
- wear of roofing material;
- poor sealing of the working seams at the joints;
- absence or incorrect installation of a soft roof;
- absence or destruction of the drainage system, etc.
Leaks can be obvious and implicit. But even the latter are easy to spot. If a balcony flows in the apartment, then mold, dark spots, and fungus begin to form on the walls. After rain, even on a glazed loggia, dampness will be felt for a long time. In this case, problems can arise not only for the residents of the upper floor, but also for their nearest neighbors from below.
In Russia today there are a lot of high-rise buildings that were built in haste during the Khrushchev era. The balconies in such houses are mostly worn out and pose a threat to the life and health of residents. After the reconstruction, apartments in high-rise buildings were allowed to be privatized, and it turned out that the tenants themselves are now obliged to pay for repairs. However, the question arises: who should repair the balcony in a privatized apartment? Is the repair of the balcony included in the article "housing maintenance" or "overhaul"?
Who must repair the balcony by law
Russian legislation is not yet perfect and contradictions can be found in various legal acts.. Immediately after privatization, the apartment becomes the property of the tenants, and the legislators speak in two ways about the balcony.
The Housing Code names all the elements of a high-rise building recognized as common property, that is, repaired at the expense of the house, and balconies are not indicated there. But in Resolution No. 491, which was adopted in 2006, that is, after the adoption of the Housing Code, slabs of balconies are included in the common property of the house.
The rules of the Decree clearly state that the following are recognized as common property:
- load-bearing structures of a high-rise building (including foundations, floor slabs, load-bearing walls, balcony slabs and other load-bearing slabs and columns);
- load-bearing structures of a high-rise building used by owners of several apartments (including doors and windows of common balconies, parapets, railings and other structures).
From this we can conclude that there are two owners at the balcony.
Ownership of the balcony
Within the meaning of the said Decree, the common property of a high-rise building can be 
recognize:
- all balcony slabs;
- balcony windows and doors leading to a common room used by the owners of several apartments (on common balconies with access to common corridors);
- balcony railings and parapets (if the balcony is again shared);
- the outer walls of all balconies (since these are the load-bearing enclosing structures of a high-rise building).
That is, the balcony slabs included in the technical plan of the apartment along with the load-bearing wall to which the balcony adjoins is actually the shared property of all residents of the house, and the doors, windows and railings of the balconies are private property.
How to initiate a balcony repair
Decisive when appointing a person responsible for repairs is the fact that this is a common element of the house or an individual one. If a threat is posed by a common element, then the question of its overhaul or current repair should be brought to the general meeting.
Before the meeting, you need to draw up an inspection report signed by a representative of the board of the HOA, housing cooperative or management company. The decision is made if at least 2/3 of the votes of those present vote for the repair.
If the condition of the balcony slab threatens the life or health of residents, it is necessary to act immediately by assessing the accident rate.
In order to recognize a balcony slab as emergency in the name of the chairman of the HOA, housing cooperative or the director of the management company, you need to write a statement demanding to evaluate the accident rate. The application can be supported by photographs and signatures of neighbors.
In order for the application not to fall into the back burner, you need to prepare two copies of it, one of which to register (the one who accepted it must sign the receipt of the application directly under the text, decipher his signature, indicate the position and put the date of acceptance) and keep it. The second copy remains with the addressee.
According to the law on appeals, a reasoned response must be received a maximum of one month from the date of its registration. If there is no response, the following means are available:
- you can apply to the court for the inaction of officials with a request for an assessment of accidents and repairs;
- or repair the balcony on your own, and recover the spent money through the court (all checks for building materials, work contracts and acts of work performed will need to be attached to the claim).
However, the emergency condition of the balcony can be recognized:
- destruction of the concrete protective layer of the slab;
- corrosion of embedded metal elements and fittings;
- destruction of the waterproofing of metal drains;
- collapse of the eaves;
- violation of the stability of the fence.
If such damage is found, urgent measures must be taken to restore it.
We remind you of who should repair the balcony in a privatized apartment:
- slabs, fencing and load-bearing wall of the house repairs HOA, housing cooperative or management company at its own expense;
- doors and windows to the balcony, parapet and its roof renovation is the responsibility of the owner.
The distribution of responsibilities for the maintenance, as well as the repair of property in apartment buildings, causes a lot of controversy. If you need to paste wallpaper or change the floor inside the apartment, then there are no problems. Another thing is the repair of structures such as balconies or loggias.
If the balcony is in poor condition, then this not only causes discomfort to the residents of the apartment, but can also pose a threat to other persons. Therefore, the problem of their content is relevant. Who should repair the balconies in an apartment building, we will consider further.
Who should repair the balcony
According to the rules of civil law, the owner is obliged to maintain the proper condition of the property. The concept of maintenance includes the repair of property in the event of such a need.
In order to understand who is responsible for maintaining the balconies, you need to find out what property they belong to. Residential premises in an MKD (i.e., an apartment building) may be municipally owned or privately owned. Everything that is intended for joint use refers to common property.
According to the Housing Code (Article 36), roofs enclosing load-bearing, as well as non-bearing structures in MKD, belong to common property.
Specifically, nothing is said about balconies in the code. Therefore, from its provisions it is not clear what the affiliation of these structures is. This issue is regulated by another document. The Government in Decree No. 491 of 08/13/2006 defines a complete list of property common to the entire MKD. It also includes balcony slabs, as well as the walls to which they adjoin. They are load-bearing structures that are part of the common house property.
Consequently, the repair of balcony slabs should be carried out at the expense of funds deducted by all owners for the maintenance of the house, by the forces of the chosen management company or HOA (naturally, when they involve other specialists). Other elements of balconies (canopies, doors leading to the apartment, double-glazed windows) belong to the private property of residents. Therefore, their maintenance should be handled by the owners of an apartment with a balcony.
In an apartment building
Repair work of various elements of the balcony in the house should be carried out by the persons who own them. Balcony slabs are common property for all apartment owners in the MKD.
Therefore, the restoration of the balcony slab will be carried out by organizations selected by the owners to maintain the MKD.
They can do it themselves or engage specialized companies for this purpose. It is assumed that other parts of the balconies (according to the law) will be repaired by the owners of the apartments themselves. These can be private individuals or municipalities, depending on the presence or absence of privatization of specific housing. Repair of the balcony by the management company or the HOA in specified cases is not carried out!
Who should repair the balcony in a privatized apartment by law
As mentioned above, repairs (both major and ordinary) of a balcony in a privatized apartment will be either its owners or a managing organization (involving a contractor). It depends on what kind of structure needs to be restored.
Elements of balconies that are not common are subject to repair by residents of privatized premises at their own expense.
Who pays for the repairs?
Repair work is not free. The services of the organization carrying out the repair must be paid. This raises the question of who will bear the cost of the repair.
In fact, in any case, the costs are borne by the owners of apartments in the MKD.
Repair of the canopy over the balcony or its other elements related to private property is paid by the owner of the apartment.
Where to go if the balcony is in disrepair
The condition of your balcony can threaten the health and life of the residents of the apartment, as well as other persons.
Usually it is the condition of the load-bearing elements of the balcony, its slabs that is unsafe. Therefore, for repairs, you should contact the Criminal Code (HOA).
You must state on your application that the balcony is in a dangerous state. The managing organization is obliged to respond to this application, appear for inspection, and draw up an act based on its results. If, following the results of the inspection, the unsatisfactory condition of the structure is confirmed, then repair work must follow the inspection. Prior to work, access to the balcony must be closed.
The repair of the slab is the direct responsibility of the managing organizations. If no action is taken on the part of the Criminal Code, then you can contact the housing inspectorate or the local administration.
Since the emergency balcony requires quick repairs, you can do it yourself. And then demand reimbursement of their expenses from the managing organization. The main thing is to keep all documents confirming the amount of these expenses. In case of refusal to reimburse the costs incurred on a voluntary basis, it should be demanded from the recovery through the court.
You can learn more about where to go in case of a threatening accident, the unsatisfactory condition of the balcony, from the video.
Balcony overhaul
Sometimes the state of the condition of the balconies requires very serious repairs. Such works will be classified as capital.
For example, a major overhaul may consist in replacing a balcony slab or restoring it.
If the repair was not planned in advance, then the issue of its implementation should be raised at a general meeting of residents of the MKD. The overhaul of the balcony is carried out at the expense of funds deducted by the owners for these purposes.
Who repairs the canopies over the balcony
All work on the restoration and repair of balcony canopies should be carried out by the owners of the apartments.
Accordingly, they organize and pay for these works on their own. They can make them on their own or involve third-party workers.
Repair, restoration of balcony slabs
Repair of balcony slabs is required to be carried out by the organizations responsible for the house. They carry out these works at the expense of funds deducted by all residents of the MKD on a monthly basis. At the same time, it is their responsibility to promptly identify damage to this property and carry out its restoration.
Inspections of common property should be carried out twice a year. Most often, such inspections are like - spring months and autumn. If the Criminal Code evades its obligations, you can file a complaint against it with the municipality or housing inspectorate.
Application for repair: how to file correctly, sample
Compiling and submitting applications for repairs to the Criminal Code can be a real headache for residents of MKD. In order to encourage the Criminal Code to repair the collapsing balcony, it is important to write the document correctly.
It must contain the details and data of the applicant and the Criminal Code, a description of the problem, a request for repairs and its justification. The application is drawn up in several copies, signed by the applicant or applicants. In case of an emergency, a collective statement can be made. It is advisable to attach photographs, documents indicating the need for repairs, explanations of the other residents of the house to the application.
⇒ A sample request for repairs is available at.
You can apply in person at the office of the Criminal Code or by sending it by mail. Correspondence is best sent by registered mail with acknowledgment of receipt.
An application for repairing a balcony (according to the law) must be considered within a period not exceeding one month. The response to the application will also be sent in writing.
The refusal of the management company to carry out repairs or the absence of any response may be the basis for a complaint from the residents.
The question of who should repair the balcony is often the subject of disputes between apartment owners and management companies. The difficulty here lies in the distribution of ownership of individual elements of balconies. In the article, we will consider this topic in detail and determine in which cases the management company should carry out repairs, as well as what rules it is guided by.
If there is a balcony in the apartment, the ownership of it is divided as follows:
- the owner of the dwelling owns the canopy, the roof and the parapet;
- in the common property there is a load-bearing wall and a balcony slab protruding from it.
According to this rule, it is determined whether the management company serves the balcony of the apartment. If the emergency condition of the balcony slab is recognized, then the Criminal Code will deal with its restoration. The owner of the dwelling is responsible for the rest of the elements. The owner of the apartment does the following:
- replaces damaged doors, window frames and broken glass;
- strengthens parapets;
- insulates balcony openings;
- removes mold, corrosion and other destructive factors of natural origin;
- paints the facades, covers the elements of the balcony with compositions that prevent rust and decay;
- monitors the condition of external fasteners located inside the balcony.
Responsibilities of the MA for the repair and maintenance of the balcony slab
The balcony slab is considered to be the enclosing load-bearing structure and is included in the list of the common property of the house. It is a structural element of the building, which ensures its stability and strength. This is determined in subparagraph "c" of paragraph 2 of the rules approved by the Government of the Russian Federation No. 491 of 13.08.06.
Here you need to understand that the balcony slab is not only a building envelope. At the same time, it represents the floor of the balcony room, which is used by the owners. The management organization is responsible for the condition of this element of common house property.
The slab of the balcony (it is also the floor of the balcony) wears out and collapses over time. Its condition is affected by the quality of construction and features of operation. The need for repair work is determined by the degree of destruction of the balcony slab. Repair of the balcony in any of the cases is carried out not at the expense of the management company, but at the expense of the funds collected by the residents. The difference here is only in how the process will be organized. If the damage is relatively small, then the balcony can be restored at the expense of funds that are rented for the maintenance and repair of common house property.
In case of serious wear and tear and emergency condition, a major overhaul is carried out. Contributions to it are accumulated by the owners. The decision to carry out repair work is made at a general house meeting.
Balcony maintenance rules and regulations
The answer to the question of who is responsible for the balcony in an apartment building is unequivocal: both parties are responsible here - both the managing organization and the owner of the apartment. At the same time, the Criminal Code not only carries out repairs on the fact of destruction, but also monitors the condition. Inspections are carried out regularly according to the regulations - twice a year in spring and autumn.
The resolution of the Gosstroy of the Russian Federation No. 170 of September 27, 2003 describes the rules by which the housing stock is operated, including balconies. From this regulatory document, it is worth highlighting several significant responsibilities of management companies.
- Periodic inspection of balconies in order to determine the features of their use. Residents should be required to keep these rooms clean and not clutter them with heavy items (furniture, boxes, faulty appliances, and so on).
- Instructing apartment owners on how balconies are operated and how responsibility for their condition is distributed. In particular, people need to be explained who should repair the balcony in an apartment building. This will eliminate misunderstandings and unnecessary disputes in cases where specific restoration work is required.
- If damage is found on the facade or in the internal space of the balcony, then the employees of the managing organization must promptly take measures to prevent further deterioration of the emergency condition. The CC must take care not to allow the structure to cause damage to the health of people or their property.
- Preventive measures consist in the fact that the entrance to the emergency facility is sealed and closed. Along with this, a preliminary briefing of the residents of the apartment is carried out and the necessary information is collected in order to begin repair work on the project.
Procedure
We found out who should repair the balcony slabs if the balcony collapses. These works are carried out by an organization engaged in the maintenance of common house property. The destruction of the balcony slab is an emergency. To recognize this element of the building as emergency and organize its restoration, it is necessary to go through a certain procedure.
If the management company did not timely reveal the deterioration of the balcony slab, then the residents of the house can report this. Of the obvious damage, the following should be mentioned:
- broken layer of concrete pavement;
- significant damage to the structure by rust;
- broken waterproofing of drainage effluents;
- damaged or completely missing eaves and railings.
Upon receipt of information on the condition of the balcony slab, the managing organization performs its inspection with the preparation of an act. It details the current state of the structure. If it is possible to establish the causes of the destruction, then they are also recorded in the act.
Based on the results of the inspection, the scope of the necessary work is assessed and a plan for their implementation is prepared. In particular, the source of financing is determined - it can be funds contributed for the maintenance and repair of MKD or contributions from residents for major repairs.
Responsibility for slab collapse
From time to time, news reports appear in the news feeds about the collapse of the elements of the balconies. If the glazing parts, part of the parapet or a metal fence fall, then the owner of the apartment is responsible here.
The balcony slab is a common house property, therefore the management company is fully responsible for its condition. In the event of a collapse, proceedings usually begin, the outcome of which depends on the background of the issue. A negative scenario for the Criminal Code is the presence of unanswered repeated requests from residents with a request to take action and repair the stove.
The management of experienced managing organizations is insured in such cases. Upon receipt of a signal about the destruction of the slab, it is necessary to quickly assess the condition, draw up a repair estimate and present it to the owners for approval within the OSS. If the tenants agree, they collect funds to pay for the work. If the repair is refused, the management company has a reason to take security measures - to close and seal the entrances, to restrict access to the facility.
