Who should repair a balcony in an apartment building?

Emergency balconies can often be seen in apartment buildings. They not only damage the facades of buildings, but also pose a real danger to apartment owners and even ordinary passers-by. Cosmetic repairs, as a rule, are carried out by the owners themselves, but if fundamental changes are necessary, they have to contact representatives of utility services. Who is obliged to carry out major repairs of balconies, as well as what volume of work performed can be expected after contacting a local management company, the information provided will tell you.

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.

Responsibility of utilities

According to the rules and regulations of operation, covered in the instructions of the State Construction Committee of the Russian Federation No. 170, representatives of the ZhF are obliged to systematically (twice, in autumn and spring) check the correct operation of balconies and bay windows. If damage is detected, take immediate measures to eliminate it.

What is included in the monitoring of regulatory services:

• Overloading of the base with heavy objects that are incommensurate with the ability of the slab to withstand the load, which provokes destruction of the slab structure,
• Detection of any flaws in order to prevent their development, eliminate them and prevent an emergency;
• Sealing the emergency facility and drawing up an estimate for the necessary repair work;
• Instructing apartment owners on the safe use of extensions.

Unfortunately, housing and communal services workers do not always fulfill their duties, so if a problem arises and the balcony is in poor condition, you need to take measures to report it yourself.

If housing and communal services employees do not take appropriate measures, then you need to write a letter of complaint to the State Housing Supervision, the prosecutor's office and the city administration.

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.

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.

Summary

• The house is 4 years old, the balcony is leaking.
• The roof of the balcony is leaking, who should repair it?
• Our balcony leaks; we live on the fifth floor. Is the government obligated to fix this?
• When it rains, it leaks from the neighbor's balcony into the apartment, who is to blame - the manager or the neighbor.

Questions

1. The house is 4 years old, the balcony is leaking.

1.1. To carry out warranty repairs, it is necessary to submit a written claim based on the norms of the Civil Code; the developer has not been liquidated?

2. The roof of the balcony is leaking, who should repair it?

2.1. The responsibility for repairing common property rests with the management company.

2.2. Good afternoon In acc. The Decree of the Government of the Russian Federation No. 491 of August 13, 2006 approved the Rules for the maintenance of property in an apartment building. In accordance with which, the foundation, balcony slabs, load-bearing walls, and other structural elements are included in the collective property (clause 2, clause “c”). This also includes roofs (canopies) over loggias

In this connection, the repair of the balcony roof is carried out by the HOA.

3. Our balcony is leaking, we live on the fifth floor. Is the government obligated to fix this?

3.1. The balcony is not a common property. Therefore, it is not possible to fix the leak for free. This must be done at your own expense.

3.2. Yes, I must eliminate it. Write a written complaint, Article 29 of the Law on Protection of Consumer Rights. If you refuse, go to court. Good luck to you!

3.3. Hello dear Marina! You need to know that before you contact the management organization with a request to repair the balcony, it is necessary that its condition be recognized as emergency. The most obvious damage includes: violation of the concrete coating layer; significant corrosion of the structure; waterproofing of water drainage does not fulfill its functions; the cornice and balcony railings are severely loosened or demolished. Evidence of damage is collected (photos, eyewitness testimony), and an application is drawn up requesting repairs and justifying its necessity. I wish you good luck and success. Best regards, A.A. Bogolyubov.

4. When it rains, it leaks from the neighbor’s balcony into the apartment; it’s the manager or the neighbor’s fault.

4.1. A strange question - judging by the text, the designer did not provide for waterproofing the walls.

5. We installed a balcony, but it leaks when it rains. The company wrote a complaint to fix the problems. But they feed us breakfast all the time. What should we do? The balcony was glazed to keep it dry.

5.1. If you don't comply, file a lawsuit! but this is only if all your relations are documented (agreement, certificate of completion, etc.)!

5.2. Good evening. These legal relations are subject to the law on consumer protection. Write a claim addressed to the company, demanding that the shortcomings be eliminated or you be compensated for the costs of eliminating them yourself. Record the defects in a photo or video, and also sue with evidence of installation (contracts, certificates of completion of work.) If damage is caused to you or your neighbors as a result of a leak, demand compensation for all of the above. Best wishes.

6. We bought an apartment in a new building, signed the transfer and acceptance certificate, but in the process of using the apartment some shortcomings were identified, namely, in heavy rain the balconies began to leak and the front door to the balcony came out of level, statements were written to eliminate these shortcomings, but the developer ignored them, who should I file a claim with, the developer or the management company? There is no flooding report after rain, thanks in advance.

6.1. Hello! Make claims against the developer.

6.2. Artem, you need to read the contract. Well, in general, then... if deficiencies in the property were discovered within 5 years from the date of its delivery, the developer must correct them at his own expense. If the claim does not help, then go to court with a claim for consumer protection. Do you have the contract in your hands?

6.3. Send a complaint to the developer! See the DDU and its annexes, it says everything that the developer must do, and his responsibility in case of identified violations. During the limitation period, you have the right to apply to the court to recover material damages, fines, and moral damages.

7. I live in a new building, the balcony is stained glass, and it leaks when it rains. I contacted the developer three times to eliminate the defect from the installer. The craftsmen came, glued it with sealant, and as a result everything repeated itself. Today I’m going to go to the Criminal Code to draw up a report and file a claim in the future. What's the best way to proceed?

7.1. There is no point in going to the Criminal Code, now it is necessary to submit a written claim based on the norms of the Civil Code, were any documents drawn up when eliminating leaks?

7.2. You are doing the right thing, you need to submit an inspection report with representatives of the management company, then you need to write a claim based on the law on the protection of consumer rights to the developer to eliminate the shortcomings, and then if it does not eliminate it, go to court. Oblige to eliminate or collect damages, penalties, moral damages, fines.

Related article: Is it possible to smoke on a shared balcony?

8. My balcony canopy has been leaking in my apartment for 6 years. Every year I write to the management company to fix it, they hire companies that still leak after rain or snow! How to go to court?

8.1. Hello! You can complain to the housing inspectorate in your region. You can immediately file a lawsuit by attaching numerous documents.

9. I live on the 9th floor of a 10-story building. The balcony is leaking along the wall adjacent to the house. Who should make the repairs? Neighbor upstairs? Or UK? A complaint has been written to the Criminal Code, but no action has been taken. And if they all refuse to make repairs, where to go next? Housing inspection? Or go straight to court?

9.1. Better to go to the Housing Inspectorate. In general, the balcony is common property. If it is not glazed according to the design, then the Criminal Code will issue an order to the owner of the balcony to remove the glazing. Next, the management company must conduct an inspection, identify the cause of the leak and eliminate it.

10. New building, the roof on the balcony is leaking, the company that made the stained glass windows sends craftsmen, but after their repair nothing has changed for 1.5 years. They are not going to make a criminal code referring to the above-mentioned company. Please tell me what should be done? Where should I write in this case? The dispatcher is not given information about the dispatcher's superiors.

10.1. UK does everything right. The house is still under warranty from the developer.

You need to write 1. Claim. 2. Act. 3. Expertise. 4. statement of claim to the court against the developer (3 - person of the management company).

UC will help you a lot.

10.2. An application to the management company and, due to the warranty period for the operation of the house, a lawsuit against the Developer - Consumer Rights Law.

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.

Chip restoration

A destroyed balcony perimeter with minor damage can be repaired independently; this will require a number of works:

• remove crumbling elements, clean off dust with a brush;
• apply a cleaner for concrete surfaces, then rinse with water;
• prepare a concrete solution based on acrylic fixer;
• Cover the prepared surface with a primer or PVA glue diluted with water;
• Apply the solution and level the surface.

When the concrete hardens and gains strength, protect it with a layer of waterproofing.

Place a concrete screed on top of the insulating layer and secure the drain around the perimeter.

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.

Repairing leaks on the balcony | The balcony is leaking from above, what should I do? | Glazing sealing

Among the non-residential premises of any apartment, the balcony or loggia has the greatest vulnerability from external influences.
As a rule, in order for a room to always remain dry, high-quality exterior finishing, glazing and careful sealing of all technological joints are required. In this case, moisture can even seep through the balcony slab of the upper floor, which acts as a roof for the balcony of your apartment. A similar situation occurs due to untimely maintenance, as well as due to natural wear and tear of materials.

Moisture penetrates through small holes in the concrete slab, which causes mold formation, destruction of metal base elements, etc. As a result, the facility becomes unsafe from a structural and sanitary point of view.

Next, we will look in more detail at what to do if the balcony is leaking from above, and where to go if such problems arise.

The Remspetsstroy SPB company provides services for sealing window structures, eliminating leaks on balconies and loggias, and correcting glazing defects.

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Taking into account Resolution No. 491 of August 13, 2006, balconies, loggias, as well as load-bearing walls are the common property of residents of an apartment building. It is the owners who must maintain the façade elements in proper condition.

It should be understood that the management company is responsible for maintaining such facilities. As a result, the safety and tightness of the upper floor balcony slab is the full responsibility of the management company.

However, apartment owners do not always know about this, preferring to do it on their own.

Also, the management company may refuse to carry out such activities, since they are not always included in the list of mandatory house maintenance services, and also on the basis that only the owner of the premises is responsible for the decoration and technical condition of the balcony structures.

Causes of leakage through the balcony from above

The cause of a leak from above is not always the poor condition of the balcony slab. Among the most common cases, experts note the following:

• Unsealed seams at the junction of the balcony with the house structures.
• Damage to roofing material.
• Lack of specialized galvanized metal castings.

Also, leaks and dampness on the balcony appear due to construction defects - the reverse slope of the upper balcony slab.

In this case, due to precipitation, moisture accumulates on the slab, which destroys the structure and seeps through microcracks. Over time, the cracks increase, which significantly aggravates the situation.

To fix it, you just need to level the surface of the slab so that moisture does not accumulate and leak onto your balcony.

Leaks are often caused by complex architectural elements on the balcony façade above. They can cause the formation of excessive water flows in rainy weather, which seep through leaky joints. In this case, it will be necessary to seal the balcony and equip it with an additional drainage system.

What to do if the balcony is leaking from above?

• Minimize processes that contribute to the accumulation of moisture on the balcony by ensuring proper water drainage.
• Ensure the necessary tightness of the joints of the balcony structures with the elements of the house. Also, using waterproofing materials, leaks should be eliminated, eliminating the possibility of re-formation of moisture.

Sealing joints

Sealing joints

- an effective means of combating balcony leaks, as well as an active measure to prevent such a phenomenon. The main material is a sealant, which must be selected correctly.

When choosing a sealing composition, it is important to take into account that it will be actively influenced by the environment, which means that under its influence the composition must retain its properties and characteristics.

In addition, the sealant must be elastic and durable.

Among the best representatives of sealants for balconies are polyurethane-based compounds that perfectly retain their characteristics under the influence of moisture and sunlight. This composition can be used to seal seams between the balcony and the facade of the house, as well as the joints of the roof with balcony structural elements.

It is best to entrust roof sealing to professional builders. The process will require the use of specialized equipment and equipment. All joint surfaces are thoroughly cleaned and treated and sealed with insulation and foam. The sealant is applied directly to the foam.

In turn, the insulation ensures the strength of the seam, the foam acts as a sealant and filler for the joint, and the sealant protects against moisture penetration.

Waterproofing of balcony and loggia structures

The main stage of waterproofing a balcony is the correct installation of roofing waterproofing material and slopes. Depending on the materials used, there are several methods of roof waterproofing - based on bitumen, polymers or specialized mastic.

It is not always advisable or correct to use rolled materials, since during the operation of the premises, sheets of material settle, forming kinks and all kinds of channels through which moisture can flow into the room.

Also, these materials can accumulate moisture, which causes dampness and mold formation.

It is for this reason that professionals recommend coating-type waterproofing. In this case, mastic is used to cover the balcony slab and canopy. You can even use one-component mastic, which does not require special knowledge and skills from the performer of the work.

Installation of dependent or independent balcony roofing

The absence of a roof on the balcony guarantees the occurrence of leaks. In this case, you will need to install a canopy or more expensive and convenient glazing of the balcony.

The easiest option to implement is to install an independent canopy, which is made on a frame made of wood or metal with a roof made of any appropriate materials - metal tiles, ondulin, profiled metal, etc. This structure is fastened using the cantilever method directly to the load-bearing wall.

This type of structure is easy to install, however, it has limitations in size. A more complex and expensive option is a dependent roof, which involves fastening to the wall, as well as the arrangement of vertical load-bearing posts with installation on the balcony slab.

This scheme allows you to immediately or in the future perform full-fledged “cold” or “warm” glazing of the balcony.

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Balcony leaking in a new building

Leak problem

balconies are quite common even in new buildings. In this case, the procedure is slightly different. What to do if the balcony in a new building is leaking? In most cases, the delivery of a house by the developer is carried out in accordance with Federal Law No. 214-FZ.

At the same time, this law does not stipulate the quality of construction work, which brings us to the question “what to do if the balcony in a new house is leaking?” The answer lies in the same law, which stipulates that the quality of the work performed must correspond to the quality specified in the share participation agreement.

In addition, these works must comply with urban planning regulations and construction standards. As a result, if this point was stipulated in the DDU, but in fact the apartment does not meet the required quality, the developer is obliged to eliminate the deficiencies or compensate the owner of the living space for the costs of eliminating balcony leaks.

Next, we’ll look point by point at what needs to be done if a balcony in a new building leaks:

• Be sure to read the share participation agreement in advance. Pay special attention to the warranty period for the elimination of defects by the developer. If the warranty is still valid, we can move on to the next stage. Following Law No. 214-FZ of December 30, 2004, namely Article 7, the developer undertakes to transfer the property to the shareholder in proper quality, which complies with the terms of the contract, urban planning regulations, technical standards, design documentation, etc. Otherwise, the owner of the apartment can file a claim with the developer due to the inadequate quality of the property during the warranty period established by the contract. In this case, the warranty period cannot be less than 5 years.
• It is important to correctly draw up an inspection report of the property with the signature of a representative of the management company or HOA. The document must include a thorough description of all identified deficiencies, the possible causes of their manifestations, as well as the location of their detection. It is recommended to attach photographs of identified deficiencies to the document.
• It is necessary to prepare a claim to the developer. The contents of the document must include a requirement to eliminate the identified deficiencies (balcony leaks) within a specified period. The claim must be accompanied by a completed and signed inspection report of the premises. Rules for filing a claim.
  First of all, carefully study the contract. As a rule, it contains information on the procedure for submitting claims regarding the quality of construction work. The address to which the claim must be sent may differ from the developer’s registered address. In this case, it can be recommended to additionally send a duplicate of the claim to the address of the construction company, addressed to the director. Documents must be sent by registered mail with mandatory notification of receipt. The document must include a link to the number and date of the agreement with the developer, as well as the address of the apartment where the deficiencies were identified. We make sure to voice the requirements, as well as the deadlines for eliminating the identified deficiencies within a reasonable framework. It is very important not to miss this moment, since in accordance with the law on the protection of consumer rights, a penalty of 3% of the cost of the service provided is provided for violation of the deadlines for eliminating deficiencies. In this case, 3% is calculated from the cost of work to eliminate a leak on the balcony of a new building, if the price for performing this work is stipulated in the contract for the provision of services by the developer. If the cost is not determined, 3% is calculated from the total order amount. Moreover, if the case goes to court, the developer will be charged an additional 50% fine of the total amount of the penalty in favor of the consumer of the services. The claim must include contact information - postal address, telephone number, etc.
• The contractor (construction organization) must repair all leaks on the balcony within the time period specified in the claim. In this case, it is necessary to coordinate the arrival time of the team. It is important to monitor the progress of the work so that the contractor, in order to save money, does not try to fix the leak with only one sealant. The work must be carried out with the replacement of sealing elements, glazing parts, etc. It is necessary to eliminate not only the leak, but also the cause of its occurrence.
• In the worst case scenario, the developer may ignore your requirements, or after repair work is completed, leaks continue. In this case, the developer needs to send a claim for compensation of penalties due to a balcony leak. The document is drawn up in the same way as a claim, sent by registered mail to the same addresses. You can also go to court, which is obliged to consider the case of forcing the developer to pay a penalty, including for damaged property due to a leak (if there was such a fact), for violation deadlines for completing work to eliminate the leak, for failure to pay a voluntary penalty, as well as for causing moral damage. In this case, a professional examination with a documentary conclusion may be required. It can be done as part of a court case or before the case is heard in court. At the same time, all costs for carrying out this operation must be borne by the developer. Considering the fact that the trial is carried out within the framework of the law on the protection of consumer rights, you are exempt from paying state fees or receive a benefit. If the court decides to satisfy your claims, then the costs of your legal representative also apply to the developer. To file a statement of claim, you must attach copies of: an agreement for participation in shared construction, an act of acceptance and transfer of the object for use, inspection reports with photographs and signatures, requirements on payment of the penalty, documents confirming the sending of correspondence and its receipt by the developer, an examination report (if it was carried out at the time of filing the claim), as well as a petition for reimbursement of funds spent on a legal representative. The developer will need to prepare a statement of claim with all the attached documents.

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Source: https://remspecstroyspb.ru/remont-na-balkone/ustranenie-protechek.html