The design of some houses does not provide canopies over the balconies of the top floors, so they are open to rain, snow, sun and wind-blown debris. If the apartment owners do not plan to glaze the balcony in the near future, some inconveniences arise when using it. There is only one way to solve the problem - install a canopy over the balcony, which will partially protect it from weather conditions. You can make it yourself or buy a ready-made visor and order its installation.
Legal aspect - Whose property is the balcony?
The boundaries and size of the land plot on which the apartment building is located are determined in accordance with the requirements of land legislation and legislation on urban planning.
(as amended by Federal Law No. 123-FZ dated June 4, 2011) As you can see, in order for property to be classified as common shared ownership, it must: - not be part of the apartment; - did not belong to a separate owner; - intended to serve more than one room. Based on this, the external walls and supporting structures of your apartment, floor, ceiling, communication and ventilation pipes are common shared property. And the space between them (that is, the apartment itself) is yours. It’s the same story with a balcony (loggia, etc.).
The balcony slab, fencing, facade wall are common shared property, and the space between them is the property of the owner of the apartment to which the balcony belongs according to the BTI explication.
Frame construction
Metal pipes are cut to size and welded in the right places. If necessary, it is better to bend some parts with a pipe bender. After creating individual parts of the canopy, it is necessary to clean the welding seams and treat them with an anti-corrosion compound. The metal components themselves must be coated with a primer. Before the priming process, it is necessary to make mounting holes in the metal pipes.
You can use a wooden frame structure. This will make the canopy much lighter. However, wood does not have the same durability as metal. You can also use aluminum or forged metal to create the frame. The first option will significantly lighten the entire structure; in the second case, you will get a beautiful appearance.
Metal frame of balcony canopy
Before fixing the frame, you need to mark the boundaries of the future canopy on the wall of the house, no matter what deviates from the size and location.
When the soil is completely dry, you can proceed to further actions. It's time for fastening. In the wall slightly above the balcony doorway, holes are drilled with a hammer drill for dowels or anchors. After this, the entire frame is installed in the required places and, through the drilled holes, fixed to the wall.
Who should repair the balcony?
In order for the management company to repair the balcony, it is necessary to achieve recognition of the structure as unsafe. To do this you need:
- Write an application for repair and restoration work on the destroyed balcony, which must be issued in the name of the main responsible person of the management company.
- Prepare several photographs of emergency zones, which must be accompanied by written confirmation from neighbors.
- Draw up an explanatory note that justifies the need to restore the balcony. Indicate in it that the emergency condition of the balcony is potentially dangerous to the life and health of people.
These documents are drawn up in two copies.
The first is sent to the management company, and the second remains with the homeowner.
Is a balcony a common property?
Floor slabs are elements of other residential premises. Walls and ceilings are classified as common property, because
serve more than one room.
The owner acquires a space limited by walls and floor slabs - elements of shared property. He is the owner of the decoration and existing decorative items.
Rice. 3 If the balcony is enlarged, then permission is required. The balcony slab and external walls are in common use.
Is a balcony or loggia a common property of the house?
Such Rules were approved on August 13, 2006 (Resolution No. 491). Subsection “B”, paragraph.
2 of the Rules classifies balcony slabs that enclose load-bearing structures as part of the property belonging by right of common shared ownership to all owners of individual premises of an apartment building. The rules and regulations for the technical operation of the housing stock (clause 4.2.4.2) classify balconies as load-bearing structures. Art. .36, h.
1 of the Housing Code establishes the classification of enclosing structures as common property. Legislative acts do not provide for the classification of only those elements that serve several premises as common property. Balcony floors are included in the overall integral design of each building as enclosing floors that provide indicators of stability and strength. Decision of the Armed Forces of the Russian Federation
Balconies are common property - ruling of the Supreme Court of the Russian Federation dated January 17, 2012.
appealed to the Supreme Court of the Russian Federation with an application to invalidate subparagraph "c" of paragraph 2 of the rules in the part providing for the inclusion of balcony slabs in the common property. In support of the stated requirement, she indicated that the inclusion in the common property belonging to the right of common shared ownership of the owners premises in an apartment building, balcony slabs contradict paragraph 1 of Article 290 of the Civil Code of the Russian Federation, part 3 of Article 16 and paragraph 3 of part 1 of Article 36 of the Housing Code of the Russian Federation, since a balcony slab or loggia slab is not intended to serve more than one room in>
The contested provision of the Rules violates her rights, since the burden of maintaining property that she does not use is unlawfully placed on her, since she lives in an apartment that is not equipped with a balcony. By the decision of the Supreme Court of the Russian Federation of November 9, 2011
Why did the court oblige the management company to carry out routine repairs of the balcony before a major one?
Let's look at several court cases in which owners of premises in apartment buildings demanded that management organizations repair balcony slabs.
The plaintiff lived in a house that required major repairs, but was not included in the regional program. The owner demanded that the management company carry out work to restore the balcony. The management organization refused, citing the fact that the balcony slab required major repairs. The plaintiff was advised to initiate an OSS.
Then the owner contacted the State Housing Authority. The department conducted an inspection and decided that the balcony slab had minor damage, therefore, its repair should be carried out against the funds contributed by the residents of the house for the maintenance and repair of the common property of the apartment building.
The MA assembled a commission of representatives of the municipality, regional BTI, and the State Housing Inspectorate. The commission decided that the house required major repairs and should be included in the regional program. In conclusion, the need for a major overhaul of the controversial balcony slab was recorded.
The owner filed a lawsuit. As of the date of consideration of the case, the house was not included in the regional program for major repairs. The court focused on the fact that the balcony slab is located above the sidewalk and creates a danger to the life and health of people. The organization managing the house is obliged to take measures in such a situation in accordance with clause 4.2.4.2 of Resolution No. 170.
Since the management company did not carry out security work and measures to restore the balcony, the court ruled that it did not fulfill its obligations for the maintenance and routine repair of the balcony slab, the physical wear of which had reached the maximum permissible characteristics of reliability and safety. The balcony threatened the life and health of citizens.
The judge noted that in houses where major repairs are planned in the next five years, routine repairs must be carried out to ensure standard living conditions (clause 2.3.7 of Resolution No. 170). Thus, the court ordered the management company to carry out routine repairs of the balcony slab.
Distribution of Responsibility
The common property of the residents of an apartment building is a large complex of objects in the building that are in shared ownership of all apartment owners. These are attics and basements, local areas, supporting structures of the house and the heating system. Here is more information about who is responsible for replacing the heating risers in a MKD apartment.
In turn, the owner must carry out the following repair work on his own:
- repair and strengthening of the parapet;
- repair and strengthening of the canopy, if the apartment is not on the top floor;
- replacement of window frames and glass;
- insulation of the balcony;
- removal of rust and mold, which can lead to structural destruction (including coating of balcony elements with anti-corrosion substances).
Responsibilities of housing and communal services institutions related to the prevention of balcony emergency conditions
Not only apartment owners, but also utility services should monitor the condition of the balcony.
- checking balconies and loggias for clutter with heavy objects that may lead to gradual destruction of the structure;
- briefings for apartment residents on the safe use of balconies;
- taking prompt measures when damage to the load-bearing elements of the balcony is detected in order to prevent an emergency;
- Carrying out work related to sealing the emergency facility and drawing up estimates for repairs.
The procedure for recognizing the emergency condition of a balcony
In order for the management company to carry out a major overhaul of the balcony, it is necessary that its condition be recognized as emergency. Signs of this are:
- the presence of deep cracks along the connecting seam;
- exposure of reinforcement as a result of destruction of the concrete coating;
- the presence of loose areas on the outside of the slab as a result of precipitation;
- “crumbling” of the edge of the slab and collapse of larger fragments;
- collapse of cornice or handrail;
- loose fencing, etc.
The reasons for this may be either a violation of construction technologies, or destruction as a result of aging of the structure and the lack of timely maintenance. Very often the cause of damage is improper drainage. As a result of regular collection of water or melted snow, the balcony leaks. Who should repair it depends on the floor on which the apartment is located and the nature of the damage.
It is better to send the application by registered mail. The management company must also respond in writing. All correspondence must be saved. If repairs to load-bearing structures are not carried out, correspondence will be needed to file a claim in court.
It is worth noting that if an HOA or TSN was created in the house, then the decision to overhaul the balcony is made at a general meeting of participants (how does a HOA differ from a TSN, read here).
To find out who is responsible for repairing the balcony, and how responsibilities are divided between the apartment owner and the management company, watch the video
If the housing and communal services institution does not carry out repair work in a timely manner, explaining this by a lack of funds, you can reach an agreement with them: the owner of the apartment carries out the repairs at his own expense, but the funds spent are counted towards the rent. If the utility company agrees with this, the resident must collect all documents that will confirm the purchase of materials and payment for work.
In a situation where the tenant has repaired the load-bearing structures at his own expense, but the rent has not been recalculated, he can go to court to recover his costs.
If there are controversial issues, when there is damage and the balcony is leaking, who should repair it is also decided in court.
What to make a visor from
There are two main stages in the construction of canopies: installation of the frame and laying of the roofing material. The frames perform a load-bearing function and are made of metal pipes, profiles, and corners. Sometimes the metal parts are replaced with wooden blocks, but wood is not as durable as metal. Roofing materials determine the design of the structure.
Roofing materials for canopies:
- Profiled sheeting;
- Slate;
- Polycarbonate;
- Ondulin.
The material for making the visor is selected depending on its shape. For example, fabric fabric is only suitable for awnings, while dome and arched awnings are mainly made of polycarbonate, plastic, and in rare cases, soft roofing materials and tiles. Hard materials, such as slate and corrugated sheets, are used to cover single and gable canopies.
Not the entire balcony is common property
The balcony consists of a balcony slab (floor), load-bearing walls, canopy, roof (if on the top floor), railings and glazing.
In this case, the balcony slab, fences and load-bearing wall are an enclosing structure and belong to the common property of the house. The common property also includes the roof, the condition of which is most important for owners of balconies on the upper floors.
This is stated in part 2 of section I of the Rules for the maintenance of common property in an apartment building, approved by RF PP No. 491.
Related article: DIY balcony frame with drawing
Work on the maintenance and repair of common property must be carried out by those persons or organizations with whom the owners of the house have concluded a corresponding agreement. According to Part 2 of Article 162 of the Housing Code of the Russian Federation, this can be a management organization (MA), a homeowners' association (HOA), a housing or other specialized cooperative, or other individuals and legal entities with whom an agreement has been concluded for the direct management of the house.
Most often, houses are now managed by management companies and homeowners associations. Further, for the sake of brevity, we will talk only about the MA, also implying the HOA and the organizations listed above.
Accordingly, the management organization is responsible for balcony slabs, load-bearing walls, fences and roofs.
If the floor on the balcony is kept on parole, or you live on the top floor, and the roof on the balcony is leaking, contact the Authorities.
You need to understand that the management company is not obliged to make cosmetic repairs on your balcony. For example, management employees should not cover the screen (fence) of your balcony with siding. But if part of the screen collapsed onto the street, this is the management company’s responsibility - it is the management company’s responsibility to make repairs and protect residents and passers-by. This is confirmed by judicial practice.
Canopy over the balcony
is included in the common property and is maintained (including cleared of snow) by the management organization only if such canopies are included in the house design. If the canopy is not provided for by the MKD project, and the owner installed it himself, he will also have to maintain it himself.
The windows on the balcony must be maintained in proper condition by the owner of the apartment (non-residential premises).
Separately, the Rules for the Maintenance of Common Property stipulate that work on the maintenance of common property in apartment buildings does not include work on insulating balcony openings and replacing glass on balconies. This is the concern of the owner of the premises, not the MA.
Design features. Deciding on the form
According to the case, canopies installed above the balcony are divided into several types. The determining side is the design side and the usefulness of the structure relative to climatic influences.
- Gable. Resistant to gusts of wind and snow loads. The shape of such visors is made in the form of an equilateral triangle.
- Single-pitch. Structurally, these models are distinguished by their tilt to one side. In fact, this is half of a gable structure. Manufacturing is faster and less labor intensive.
- Straight visors with valance. In such models, the slope from the top of the balcony is almost invisible after installation.
- Arched structures. They are attractive in appearance, simple to implement and, like gable roofs, do not tend to retain snow in winter.
- Domed. Similarly, all models withstand various adversities, but in their manufacture they require special qualifications of the craftsman.
Responsibilities of the management organization
The management authority must conduct regular inspections of balconies, plan repairs, and even more so respond to requests and complaints from residents in a timely manner. The management authority is responsible to the owners for the proper maintenance of common property.
In the Decree of the State Construction Committee of the Russian Federation dated September 27, 2003 No. 170 “On approval of the Rules and Standards for the technical operation of the housing stock” and the Minimum list of services and work necessary to ensure proper maintenance of common property in an apartment building, and the procedure for their provision and implementation, approved by the Decree The Government of the Russian Federation dated April 3, 2013 No. 290 lists the responsibilities of the management organization and the types of work that it must carry out to maintain balconies in good condition.
- twice a year (autumn and spring) conduct inspections of all common property, and therefore balcony slabs, roofs and facades, and also periodically conduct partial inspections;
- inspect common property after heavy rains, winds and other negative weather events, as well as after accidents;
- ensure that residents do not litter or pollute balconies, and do not make illegal alterations;
Even attaching flower boxes from the outside to the balcony is possible only by agreement. The management authority must monitor this, and if its employees discover that you have installed brackets for pots without permission, you may be required to dismantle them.
- identify defects in load-bearing structures, waterproofing, elements of metal fencing on balconies, loggias and canopies;
- monitor the condition, restore or replace individual elements of umbrellas over balconies;
- develop a restoration plan and carry out appropriate repairs.
According to Gosstroy Decree No. 170, the following is not allowed:
- weakening the fastenings of the walls of the balconies;
- destruction and damage to wall decoration.
If a crack appears in a balcony slab, a corner falls off, or concrete begins to crumble into pieces, there is no need to remain silent. You need to record all the damage - take a photo or video - and contact the Authorities. This can also be done through the ADS (emergency dispatch service).
It happens that the problem is not in the balcony itself, but, for example, in the drainage system. If the drain does not work properly, water may constantly flow onto the balcony, which is unacceptable. Same thing with a leaking roof. In these cases, an application should also be submitted to the MA or ADS.
Specialists will have to conduct an extraordinary inspection of your application and draw up a report. If the condition of the balcony is considered unsafe, it will have to be sealed. The management authority is obliged to urgently take measures to prevent the development of destruction and protect residents.
Repairs should follow next. Let's talk about at whose expense it should be carried out.
The burden of maintaining common property is borne by the owners of premises in the house. Accordingly, payment for all possible work and repairs is the responsibility of the residents.
But you need to understand that for current repairs, the owners of premises in apartment buildings allocate funds monthly under the heading “maintenance of residential premises”. That is, by default, there should be money for current repairs in the OU. The situation is similar with major repairs - every month the owners of apartments and non-residential premises pay contributions for the major repairs of the house.
Related article: How to make a partition on the balcony from neighbors
Another question is that by the right time, a sufficient amount may not have accumulated to carry out all the necessary major repairs. In this case, you can determine the source of financing at a general meeting of owners - decide to take out a loan for major repairs or take part in a program for state support for major repairs.
But! Even if the general meeting of owners was not held, or the decision to carry out major repairs was not made, the management authority does not have the right to leave the balcony in disrepair. She must either carry out routine repairs (if this can correct the situation and protect people), or dismantle the balcony (or at least seal the exit to it). This is confirmed by judicial practice.
Installation of roofing material
If the frame is responsible for the reliability and strength of the roof, then the roofing deck protects the upper floor balcony from precipitation. Not all roofing materials are suitable for balcony canopies. For example, one of the most popular options - ondulin (or euroslate) - despite all its advantages, has a short service life and supports combustion. But ordinary asbestos-cement slate causes difficulties during installation and creates additional load on the frame.
Profiled sheets and metal tiles have shown themselves to be the best in practice, to which you can add polycarbonate, often used for curved canopies.
Corrugated sheet
Profiled sheets are made from galvanized steel using the cold rolling method. The thickness of the corrugated sheeting used for roofing is on average only 0.5-0.6 mm, so the total mass of the material does not create a large load on the supporting structure. The presence of wavy or trapezoidal ribs gives the sheet the necessary rigidity, so it can easily withstand heavy rains and snowfalls.
The load-bearing capacity of corrugated sheets is significantly higher than the load-bearing capacity of a conventional metal sheet of the same thickness. For example, the permissible load on a profiled sheet of grade C10-0.6 (wave height 10 mm, thickness 0.6 mm) with a support pitch of 1 m is 86 kg/m².
You can make a roof from corrugated sheets on a loggia or balcony with your own hands; the installation technology is extremely simple. The sheets are laid on a prepared metal or wooden frame with an overlap and screwed to the sheathing with bolts that have a washer with a rubber gasket. To prevent water from leaking in at the junction of the sheet to the wall, a drainage canopy is installed in the upper part of the structure, under which the roof deck is placed.
Diagram of a balcony roof made of corrugated sheets
Metal tiles
Like corrugated sheets, metal tiles are made from steel using the cold-rolling method. However, in this case, the profile pattern imitates ordinary ceramic tiles. In addition to its interesting appearance, the material has several layers of protective coating, which makes it virtually invulnerable even in the harshest climatic conditions.
If you cut a sheet of metal tile, you can see a galvanized coating, an anti-corrosion aluminum film, a primer, a layer of polymer and a fixing layer of varnish.
Installing metal tiles is more difficult than laying corrugated sheets. The main difficulty is that the fastening of the sheet to the frame should be located as close as possible to the transverse wave line, placing additional requirements on the location of the sheathing. Also, during installation, the protective coating can be damaged, and since the sheet of metal here is very thin (0.4-0.5 mm), the effects of corrosion will appear quickly.
Due to the “capriciousness” of the material, it is better to entrust the installation of metal tiles to professionals
Polycarbonate
Polycarbonate is used as a roof if the roof needs to be given a complex shape. The material is a transparent or translucent cellular polymer sheet.
The degree of transparency of polycarbonate is determined by its color. For example, a bronze sheet will transmit 30-35% of light, and a blue sheet will transmit 85%.
Despite its apparent fragility, the material is strong enough to provide reliable protection against snowfall. Thus, a 10 mm sheet attached to arched supports with a pitch of 1 m has a load-bearing capacity of 120 kg/m². The service life of polycarbonate is only 10-15 years (for comparison, corrugated sheeting and metal tiles do not lose their properties for 25-40 years), which should be taken into account when installing it on a balcony.
Polycarbonate sheets are attached not overlapping, but end-to-end, for which a special profile is used. In addition, you need to cover the outer ends of the sheets to prevent dust and moisture from getting into the cells.
To make a polycarbonate canopy, a bent profile pipe is often used
Where to complain about the inaction of the MA
As we have repeatedly written in previous articles, there are several authorities where you can turn to regarding the management organization’s failure to fulfill its duties.
- State Housing Inspectorate
This organization controls the work of management organizations. You can write a complaint and submit it electronically. To do this, you need to register on the State Services portal. Attach a certificate of inspection of the balcony to the complaint.
You can file a complaint on the official website of Rospotrebnadzor.
You can duplicate the complaint to the city/district administration - it definitely won’t be superfluous.
If all previous authorities have done nothing, you can complain to the prosecutor’s office about their inaction.
If all else fails, file a lawsuit.
How is an incorrect installation of the upper sill detected?
Firstly, it is freezing in winter, followed by the appearance of fungus.
Secondly, it is blowing in the fall or spring. This is revealed simply. You need to lean your hand against the internal joint of the upper ebb and the upper concrete slab. Better yet, bring a lighter or a candle. The blowing will be immediately visible.
Thirdly, this is a banal leak.
Fourthly, the upper ebb is not visually set exactly along the horizon (if you look at the ebb from the room, this unevenness will be visible).
Why do you think that one installation team installed the top ebb correctly, while the other installed it incorrectly? And why don’t window companies have a generally accepted system for installing overhead sills? Leave your answers in the comments.
Whose balcony roof?
#1 Evgesha20 Evgesha20 —>
#2 Talion Talion —>
The issue is debatable and there is not enough clarity here. The main thing, in my opinion, is to understand whether the balcony roof belongs to the common property in an apartment building? The main criterion for classifying a property as “GENERAL” is if the property is intended to serve more than one apartment or is a load-bearing structure. So decide. Is the roof of your balcony a load-bearing structure? Does this roof only serve your apartment or other apartments? We had a similar case; below is the position of the management company. True, here we were talking about the loggia. In accordance with the provisions of Art. 36 of the Housing Code of the Russian Federation, the common property in an apartment building is: - premises in this building that are not parts of apartments and intended to serve more than one room in this building, including inter-apartment landings, stairs, elevators, elevator and other shafts, corridors, technical floors, attics, basements in which there are utilities; - other equipment serving more than one room in a given house (technical basements), as well as roofs enclosing load-bearing and non-load-bearing structures of a given house; - mechanical, electrical, sanitary and other equipment located in a given house outside or inside the premises and serving more than one room; - the land plot on which this house is located, with elements of landscaping and improvement and other objects intended for the maintenance, operation and improvement of this house, located on the specified land plot.
The apartment belongs to you as private property and does not belong to the common property in the apartment building. The loggia is part of the above apartment and cannot be classified as common property. The canopy (covering) over the loggia is its structural element, is not the roof of an apartment building and is not intended to serve other residential premises in this building. Thus, the canopy (covering) over the loggia of your apartment does not belong to the common property of the apartment building and is your private property.
In accordance with Art. 210 of the Civil Code of the Russian Federation, the owner bears the burden of maintaining the property he owns. In accordance with paragraphs 3 and 4 of Art. 30 of the Housing Code of the Russian Federation, the owner of a residential premises bears the burden of maintaining this premises. The owner of a residential premises is obliged to maintain the premises in proper condition, preventing mismanagement of them, respect the rights and legitimate interests of neighbors, and the rules for using residential premises.
The management organization serves exclusively common property belonging to the owners of premises in an apartment building on the right of common shared ownership, an exhaustive list of which is established by the Housing Code of the Russian Federation and is given above. In accordance with the provisions of Art. 162 of the Housing Code of the Russian Federation, under an agreement for the management of an apartment building, one party (the management organization), on the instructions of the other party (the owners of the premises in the apartment building), within an agreed period for a fee, undertakes to provide services and perform work on the proper maintenance and repair of common property in such a building, provide utilities to the owners of premises in such a house.
