The balcony is leaking, who should repair it?

Determining the category of property

Difficulties in determining responsibility arise due to the fact that, in essence, a balcony belongs to both individual and community property. Thus, a concrete slab is common property (RF RF No. 491 dated August 13, 2006, part I, clause 2). Therefore, the management company is responsible for the safety of this structural element of the building, as well as for its repair.

The management company is also responsible for the proper condition of the roofing over balconies and loggias on the top floors of houses.

But the owner must take care of the glazing elements, doors, and awnings. Therefore, the work of painting, replacing double-glazed windows or flooring is done by the owner of the apartment at his own expense.

Attention: if the apartment building has balconies that have a single fence or doors with access to a common balcony, then they are also common property, and the management company must repair them.

Where to go for repairs if the balcony is in disrepair

A balcony that poses a danger to people’s lives and health is a serious problem that needs to be solved as soon as possible. However, who should repair it? Again, it all depends on the specific designs. If they are your property, then it’s up to you to repair them, and if they are common property, then it’s time to contact the management company.

An application should be submitted to the council indicating the reasons for the repair, namely, it should be indicated that the structure poses a serious danger to humans.

The application will be reviewed, and a representative of the management company will be sent to you to check the balcony and make a decision on whether urgent action is needed.

If you need to carry out work as quickly as possible, you can do it yourself, and then demand reimbursement of expenses from the management company. However, you will have to collect evidence that the property was in need of repairs, and the management company has an obligation to carry them out. You should also save all documents confirming expenses. But it is not recommended to do this, since one tenant or even several are unlikely to have sufficient knowledge and be able to repair everything efficiently.

Who should repair a balcony in a privatized apartment

The management company carries out current or major repairs, strengthening the balcony slab. Eliminates causes that may contribute to its further destruction (for example, restores gutters).

And the owner has responsibilities to ensure the proper condition of individual property:

• insulation of openings;
• waterproofing parapets;
• treatment of metal structures with anti-corrosion compounds or paint;
• protecting the concrete slab from moisture - laying flooring

Also, the owner is required not to litter the balcony, not to place large or heavy objects for storage, so as not to create additional load on the load-bearing elements. Unauthorized modifications to the design and installation of canopies are prohibited. For example, if snow falls from a makeshift roof onto a car parked below, then the owner of the apartment will compensate for the damage.

Who should repair a balcony in disrepair?

According to the rules of current legislation, property is required to be maintained by its owner ( ).

Since, as we have established, balcony slabs in apartment buildings belong to the common property of the owners, their repairs should be carried out by the HOA or management company () at the expense of deductions from the owners of the premises for the maintenance of the house. Repairs can be carried out independently or through the involvement of specialized organizations.

Repair of other elements of the balcony is the responsibility of the owner of the premises and is carried out at his expense. If the apartment is not privatized, then this responsibility belongs to the municipality.

The minimum list of services and work required to ensure proper maintenance of common property in apartment buildings, work performed for the purpose of proper maintenance of house facades (there is no division into current and capital work) includes:

• identification of violations and performance qualities of load-bearing structures, waterproofing, metal fencing elements on balconies, loggias and canopies;
• development of a restoration plan (if damage and violations are identified);
• carrying out restoration work (if damage and violations are identified) (.

More details

If an apartment building is managed by a management organization (MC), then the list of services and works included in this minimum list, the frequency of their provision and implementation are determined and reflected in the apartment management agreement.

In accordance with Part 3 of Art. 162 of the Housing Code of the Russian Federation, the management agreement for apartment buildings must indicate:

• the composition of the common property of the house in respect of which management will be carried out, and the address of such a house;
• a list of works and services for the management of apartment buildings, services and works for the maintenance and repair of common property in the house, the procedure for changing such a list, as well as a list of utilities provided by the management company;
• the procedure for determining the price of the contract, the amount of payment for the maintenance and repair of residential premises and the amount of payment for utilities, as well as the procedure for making such payment;
• the procedure for monitoring the management company’s fulfillment of its obligations under the management agreement.

At the same time, decisions on current and major repairs of common property in an apartment building can only be made at a general meeting of owners of premises in the building ( ).

When making a decision on repairs, property owners are required to approve at a general meeting a list of services and works, the conditions for their provision and implementation, as well as the amount of financing ( ).

Please note that proposals to carry out planned routine work on the maintenance of common property in the apartment building and to carry out major repairs are required to be prepared and brought to the attention of the owners of the premises in the house, the persons responsible for the maintenance and repair of the common property in the house (HOA,).

Repair of emergency balconies in municipal apartments

The division of property into common and individual property here follows the same principle, only the municipality (landlord) acts as the owner of the residential premises.

It turns out that the repair of concrete slabs is carried out by the management organization. And bringing railings, parapets, and canopies into proper condition is the direct responsibility of the municipality (Article 65 of the Housing Code of the Russian Federation).

The tenant can make repairs at his own expense, but at the same time has the right to demand a reduction in the amount of rent (use of residential premises, ODI). Or reimburse the cost of expenses incurred as a result of improper performance by the landlord of his duties (Article 66 of the Housing Code of the Russian Federation, clause 2).

Who is responsible for fencing repairs?

It all depends on what floor the balcony is located on. For example, structures on the top floors of a building are classified as common property. Accordingly, the management organization is responsible for their condition and safety.

In other cases, replacement of canopies and canopies is carried out by the owners at their own expense.

Important: there are cases when residents of the lower floors at a meeting of owners raise the issue of excluding the roof over the loggias from the common property. This is illegal, therefore, regardless of the residents’ decision, the repairs are carried out by the management company.

Responsibilities of the management company

They are regulated by the Decree of the State Construction Committee on the rules of operation of the housing stock (No. 170 of March 27, 2003):

1. Conduct scheduled inspections of buildings, identify violations, and explain the rules for the use of common property.
2. Participate in general meetings of owners, explain who should repair the balcony and in what cases. In the future, this will eliminate disputes and conflicts between residents and representatives of the management organization.
3. Monitor the condition of balcony slabs. A scheduled inspection is carried out at least 2 times a year. In spring and autumn (before the heating season begins). Minor defects - cracks, destruction of the concrete layer must be corrected in a timely manner to prevent further destruction of the balcony slab.
4. If significant deformations, crumbling of concrete pavement, or exposure of reinforcement mesh are detected, employees of the management company must draw up a report. The document indicates the degree of damage and possible causes. Depending on the degree of deformation, a decision is made to carry out major repairs. The document indicates the degree of damage and possible causes.
5. Draw up a plan indicating the timing, preliminary volumes and cost of work.

Residents themselves can also contact the management organization with requests to repair emergency balconies.

Who should inspect and repair my balcony?

We talk about who is responsible for your property and the common property.

— I live in a “Stalinka” building in the city center. And I’m already scared to go out onto my own balcony. It looks like it's about to collapse. Who should check its condition and where should it go?

According to Decree of the Government of the Russian Federation dated August 13, 2006 N 491, balcony slabs and the wall to which they adjoin are part of the common property. And inspections of common property are carried out based on the method of managing an apartment building: either by the owners of the premises, or by persons engaged by the owners of the premises on the basis of an agreement to conduct a construction and technical examination, or by responsible persons who are officials of the management bodies of the HOA, housing or housing-construction cooperative, or another specialized consumer cooperative or management organization.

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Employees of housing maintenance organizations are obliged to systematically check the correct use of balconies, bay windows and loggias, to prevent the placement of bulky and heavy things in them, their clutter and contamination. This is stated in the resolution of the State Construction Committee of the Russian Federation dated September 27, 2003 No. 170. Inspections can be of several types: current - within the time limits recommended by the technical documentation of the building, seasonal - in spring and autumn, as well as extraordinary - within 24 hours after accidents, natural phenomena, catastrophes and natural disasters. The results of the inspection must be recorded in an inspection report, which confirms whether or not the inspected common property meets the safety requirements and Russian legislation. In addition, this act must specify the measures necessary to eliminate malfunctions or damage.

The homeowner can initiate a safety check of the balcony himself; to do this, he must write an application to the management company.

Who should repair?

As mentioned earlier, the balcony slabs and the wall to which they adjoin are part of the common property. And doors, windows and balcony railings are already individual property. Based on this, the repair of common property should be carried out by the organization that manages the house.

Repair of a balcony slab is carried out either as part of routine repairs (minor damage) or as part of a major overhaul (the slab is no longer safe). If the management company decides that the balcony is in disrepair, then it has the right to protect it from use by residents - until major repairs are carried out. The GZHI warns that if the owner decides to repair the balcony on his own, it is unclear who will be responsible for the work. If they are performed poorly, then there is a high probability that the owner will be responsible for damage to the common property.

If the house is managed by an HOA, then in this case the estimate for troubleshooting and repairs is usually drawn up a year in advance. In this case, the balcony will be repaired faster.

Briefly about the main thing:

• The balcony slab is a common property of the house.
• The repair and maintenance of the balcony is the responsibility of the management organization, so you need to contact it for inspections.
• Do not try to repair the balcony yourself; contact the management organization.

If you have questions that you can't find the answer to, ask us and we will try to answer them.
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Who will be responsible if the balcony collapses?

In the event of a collapse of a balcony slab or part of it, the head of the management company will bear responsibility for the consequences.

Provided that:

1. The management organization did not respond in a timely manner to the owners’ demands for repairs.
2. It will be proven that the collapse occurred as a result of poor quality repairs.

And also if the owner did not make unauthorized changes to the design. Therefore, if you plan to glaze a balcony, especially in an old house, then it is advisable to first conduct a construction examination.

Where to go if the balcony is in disrepair

After the general meeting, apartment owners contact the management organization with a request to conduct an inspection and eliminate existing defects.

Tenants living in an apartment building on social rental terms must send an application to the municipality or local administration.

Serious damage to the balcony slab requiring major repairs is considered to be:

• destruction of the concrete layer, visible cracks;
• hidden defects associated with tension of reinforcement;
• visible corrosion of metal supporting structures
• collapse of the slab along the edges of the balcony;
• the fence (railings, parapet) is partially or completely destroyed;
• destruction exceeding 30% along the depth of the slab.

There may be several reasons for the destruction of the concrete layer. This is also a time factor, the use of low-quality building materials, improperly constructed or missing drainage.

Current repairs are carried out when cracks and chips are detected on the surface of the slab or load-bearing wall.

How to determine the emergency condition of the slab?

According to the following characteristics:

• The concrete layer on top or bottom of the slab has broken.
• The structure has become loose and crumbling.
• Individual parts of the slab are collapsing, leaving the reinforcement visible.
• Cracks appeared at the junction of the balcony and the wall of the house.

What to do if, upon inspection of the slab, traces of structural damage are found?

• If the base of the balcony is in disrepair, you must urgently contact the utility service that serves the house and report it.
• Prepare a written statement clearly describing the signs of destruction in two copies. Application example.
• The documents must be certified by the housing office; keep a copy for yourself. Check that the form contains a mark indicating registration of the application received by the utility service.

Advice: We recommend supplementing the documents with photographs documenting emergency areas of the balcony base. It makes sense to ask neighbors to sign a description of the condition of the structure.

Further developments could follow two scenarios. The first is that the property owner will have to wait until the housing office workers repair the slab. Second, you will have to negotiate with representatives of the management company on your own to reconstruct the base of the balcony at the expense of the rent.

If you cannot repair the structure, and utility workers postpone work indefinitely, contact higher authorities with a complaint. It is advisable to keep a copy of the application with a note indicating that the document has been registered with the authorities. If the complaint has no effect, go to court.

A property owner who is ready to carry out reconstruction on his own must, before carrying out the work, obtain guarantees from the housing company that the rent will be recalculated in a certain amount. To do this, you need to draw up a work estimate and have it certified by representatives of the utility company.

How to write an application correctly

You can contact the management organization in person with an oral request, but later (when contacting higher authorities) it will be difficult to prove the fact of the request. Therefore, it is better to make a statement in writing.

There is no set form, but the document must contain:

1. Full name (full name) of the applicant, residential address.
2. Full name, position of the head of the management company, address of the organization's location.
3. Name – “statement”, “complaint”.
4. Briefly - the reason for the request, specific requirements and timing of repair work. You can support the requirements with references to regulations and clauses of the agreement with the management organization.
5. A request to recognize the structure as unsafe, threatening the property, life and health of both the owner and third parties (neighbors, passers-by).
6. It is also worth stating a request to notify the applicant about the resolution of the issue in writing. In the future, if the management organization does not take any measures, such evidence of inaction will become evidence when going to court.
7. Attach photo, video evidence, results of a survey of residents of the house (if conducted). As well as the results of an independent construction examination. It is carried out at the expense of the owners, but if the management company’s guilt is proven in court, the costs will be compensated by the management organization.
8. Date of compilation, signature of the applicant.

It is better to send documents by registered mail with notification and a list of attachments.

Advice: if you submit a written application directly to the management company office, prepare 2 copies. Keep one with a note about document registration for yourself.

The problem is that correspondence with the management company can take a long time. The management organization may refer to the lack of money for special services. account, unfavorable weather conditions, and in fact, refuse to fulfill obligations.

Important: The management company has the right to block residents’ access to the balcony, which is in disrepair until the completion of repair work.

Therefore, if the balcony slab really has serious defects, cracks and is in danger of collapsing at any moment, it is better to repair the balcony yourself. And then demand compensation for the expenses incurred from the management company in court. To confirm costs, you must provide cash receipts, a contract and certificates of work performed from the contractor.

Repair of a balcony slab: stages of restoration

Violation of operating rules, temperature changes, lack of drainage elements on the balcony are the reasons for the slab to fall off.

Signs for repair work:

• mold on the surface;
• wet spots;
• cracks, chips;
• exposure of reinforcement and its corrosion;
• loosening of the parapet;
• deformation of the structure (change in angle of inclination).

To restore the integrity of the balcony slab from minor damage, it is necessary to repair the concrete base, apply a waterproofing layer, and protect the embedded elements. Install a drip on the parapet to drain water.