People living in apartment buildings often face various disputes and disagreements that arise between neighbors. Often, for various reasons, flooding of the premises occurs. The reason may be negligence of neighbors or poor-quality condition of the water supply system. With such an event, serious damage is done to finishing materials and furniture in the living room. Therefore, it is important to correctly draw up an act of flooding, on the basis of which the perpetrator is charged for repair work.
When is it made up?
Based on Art. 1064 Civil Code, everyone can demand from the culprit of the flooding a certain compensation, the main purpose of which is to cover losses associated with the repair of residential premises. For legal appeal to the perpetrators, an act of flooding is compulsory. If the neighbors voluntarily refuse to pay compensation, then it is requested by force through the court.
Often the culprit is the Criminal Code, which did not contain the water supply system at home in good condition. Initially, a complaint is drawn up to the company to which the act of flooding the premises is applied. If the organization refuses to pay funds using the pre-trial method, then you will have to recover money through the court.
Why do I need an act?
The act of flooding a non-residential or residential premises is evidence that, indeed, through the fault of neighbors or utilities, serious damage was caused to property.
A correctly drafted document is used to draw up a claim or statement of claim. Additionally, it indicates the exact culprit of the incident. All items affected by flooding are listed. Based on the information available in this document, you can determine the optimal amount of compensation.
Who is compiled?
Before drawing up the act of flooding the apartment, it is necessary to notify the situation of the representative of the Criminal Code and the neighbors living on the floor above. When forming this document, the presence of the following persons is required:
- the direct owner of the premises whose property was damaged (if the owner cannot be present, then he can attract a representative with a power of attorney);
- chief engineer working in the UK;
- a representative of the management company with which the service contract is concluded;
- plumber;
- owner of an apartment located one floor above.
Only if all of the above citizens are present can you be sure that all the information entered into the act is reliable.
Compilation rules
It is necessary to correctly register flooding by neighbors. The act is formed by the representative of the Criminal Code, summoned to the apartment where an unpleasant event occurred. When compiling this document, the following rules are taken into account:
- documentation is formed in a free form;
- signed by all witnesses present in the apartment;
- additional evidence is being collected by the owner of the apartment, for which photographs and videos are being taken, confirming that certain decoration materials, furnishings or household appliances were damaged;
- a document is drawn up even if the neighbor admits his guilt and agrees to pay compensation in the future, as he can change his mind at any time.
It is the act of flooding that acts as the main document attached to the statement of claim if it is necessary to recover compensation by compulsory means through the court.
What information is included?
When drawing up an act of flooding, it is important to enter the following data:
- The direct fact of the occurrence of flooding in a particular apartment is indicated;
- the address of the room is registered;
- information on the quadrature of the apartment is entered;
- the reasons for flooding are listed, since they can be associated with negligence by neighbors or a violation in the water supply system that has not been eliminated by the employees of the Criminal Code in a timely manner;
- damage of various property identified by the results of flooding is listed, and the description should be detailed, therefore, destroyed decoration materials, damaged furniture or household appliances are indicated;
- even small damaged items represented by books, carpets or clothes are indicated;
- it is important to identify each item, therefore its name, model, brand and approximate cost are indicated;
- the date of preparation of the document is prescribed;
- signatures are put by all witnesses;
- the representative of the Criminal Code puts the seal of the organization on the document.
Only with all of the above information will the document have legal force. A sample flooding act can be examined below.
Flooding reasons
When drawing up the act, information on the causes of the incident is necessarily entered. They may be as follows:
- leakage in the water supply or heating system;
- leak in the batteries located in the apartment a floor above;
- damage to the plumbing;
- leaving an open tap with water for a long time by neighbors.
A specific reason is included in the act of flooding the premises. A sample of this document can be used to draw up a competent act.
How is the reason clarified?
It is all members of the commission that must determine the cause of the flood. For this, the source of the accident is identified. During this process, a specialist is involved who is knowledgeable in engineering communications and other important components of the house.
Identified violations are recorded in the act. Using a camera or phone, damage to plumbing, heating appliances or other items is recorded.
Do I need to take photos or videos?
If in the future it becomes difficult to obtain compensation, then it is the correctly drawn up act and other documents that will be evidence of the owner of the flooded apartment. Therefore, it is in his interests to collect as much evidence as possible. For this, not only an act is drawn up, but also numerous photographs are taken.
It is advisable to completely record the breakdowns in various utilities if the cause of flooding is an accident. All flooded rooms are photographed, which will allow in the future to determine the optimal amount of compensation.
Where is the act transmitted?
As soon as the document is correctly drawn up, it is transferred to the culprit of the incident, submitted by a private person or company. Additionally, you can make a pretrial claim. Using this method provides a peaceful solution to the issue.
If you cannot get compensation in this way, you will have to go to court. To do this, a statement of claim is drawn up, to which a flooding act is attached.
When is an independent evaluation needed?
If the culprit agrees to independently pay the funds necessary for repair work and the purchase of damaged interior items, then an independent appraiser is not required to contact. If the neighbor does not want to pay money or significantly underestimates the payment, you will have to go to court. To do this, it is advisable to use the services of an appraiser in advance. They are paid, but at the same time with their help you can understand what exactly the amount of funds to request from the culprit of the incident.
The appraiser will inspect the flooded living quarters, after which he will draw up a report containing information about all the damage caused. This report performs several functions at once:
- used as evidence of real damage;
- contains information about how much money the owner will need to carry out repairs.
The appraiser not only enters the necessary information into the report, but also fixes various damages in photographs or videos. This allows you to identify damage without underestimating its value on the part of the perpetrator.
Since the services of an appraiser may be required, it is not allowed to make any changes to the apartment immediately after it is flooded. Cleaning or cosmetic repairs can be carried out only after the final hearing, when the culprit transfers the required amount in the form of compensation.
The appraiser additionally prepares a special drawing containing the following information:
- floor plan;
- the place where the leak occurred is indicated;
- draws out how much space was flooded with water.
This document is attached to the act when referring to the culprit or to the court.
Can I get compensation from an insurance company?
If the flooded apartment is a mortgage, then it has an insurance policy. Therefore, reimbursement can be obtained from the company where the policy was purchased. For this, immediately after the flooding is detected, it is advisable to call the organization and report the situation. Next, you need to follow only the instructions of the employee of the organization.
When resolving an issue with an insurance company, it is required to draw up an act only in the presence of its representative. The collected documents are sent to the company. If the insurance company agrees to pay compensation, then after settlements with the insured person, it goes to court to recover funds from the culprit of the flooding.
What documents are prepared in court?
Often, the issue cannot be resolved peacefully. The culprit, represented by the Criminal Code or a neighbor, may refuse to voluntarily pay compensation intended for repairs. Under such conditions, you have to file a lawsuit. For this, the following documents are prepared and transmitted:
- correctly formed act in the presence of all necessary persons;
- report of an independent appraiser;
- state duty receipt;
- direct action, which contains a claim, which consists in the payment of compensation for the repair of residential premises;
- photographs or video recordings with which you can understand what damage was caused to the plaintiff’s property as a result of flooding;
- The direct culprit of the incident is indicated, which is additionally prescribed in the act.
It is not always neighbors who live a floor above that are to blame for flooding. Often the cause is poor-quality communications, accidents in the pipeline or other problems, so compensation is paid by the service company. But often the lawyers of the Criminal Code insist that the company is not to blame for the problem, so they refuse to pay the funds. In this case, you will have to go to court to enforce the recovery of money.
Conclusion
If the apartment is flooded by neighbors, then the owner of the premises should know how to draw up an act of flooding, what information is entered into it, and also what its purpose is. It is he who acts as evidence of the infliction of certain damage to the premises and other elements in the rooms.
Compensation for the flooding may be paid voluntarily or through a court. In the latter case, it is important to prepare an act and other documents confirming the loss of the plaintiff.