At whose expense is the replacement of heating radiators in the apartment made?

The issue of replacing batteries after the start of the heating season is sometimes very acute. Often, radiators in old houses are in poor condition, and local services are in no hurry to overhaul the heating system. We will try to answer the most common questions and find out who should replace old batteries in a privatized apartment.

If a radiator leaks, who is legally required to replace it? At whose expense is the installation and purchase of new equipment carried out?
If you want to install a more modern heating system in an apartment after privatization, who should do this? Do I need special permission for this?
Who is responsible for the leak if the neighbors are flooded with water?

To answer these questions, you need to study Russian legislation and understand the legal aspects.

Heating radiators - common or private property?

It is possible to understand who should be engaged in replacing failed heating devices in a privatized apartment only by establishing who owns them. By Decree of the Government of the Russian Federation No. 491 in August 2006, rules were adopted that regulate the composition of common property in an apartment building. According to the 6th paragraph of these rules, such property includes the heating system located inside the house. It includes:

risers;
fittings (regulating and shut-off);
heating elements (radiators);
general house heat energy meters;
other types of equipment that are part of heating networks.

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Unfortunately, when situations arise regarding the replacement of heating devices in apartments, both parties interpret these rules in their own interests. Homeowners believe that since the heating system belongs to common property, then the house management organization should be responsible for replacing the faulty equipment. Employees of the housing office, in turn, argue that only risers and batteries that pass through several residential premises, for example, those that are installed on stairwells, belong to the common property. When contacting utilities, residents often hear that malfunctions of all pipes and radiators located within their apartment are the problem of its owners.

The management company refuses to change the batteries. How to be?

Despite the existing legislation and obstacles for self-replacement of batteries without contacting the housing office, it is much easier to dismantle old and install new radiators on your own than to wait for these actions from the management organization. Refusing to replace heating devices, representatives of the housing office rely on the concept of "balance differentiation" of property belonging to the owners and the entire house. According to him, the tenant himself repairs and maintains heating devices in his personal apartment. But no one can, at will, change the composition of property belonging to the common house.

Battery replacement

Remember! The existing contradictory points in the law do not annul the main provision relating radiators in apartments to the common property of the house.

And if emergency radiators in your home require replacement and do not have locking devices, you need to contact the housing office and the management company with a request. If you refuse to take these actions, you can write an official letter to the organization serving the house, where you explain the situation and demand replacement of the batteries.And then, having studied the housing legislation, file a lawsuit with the court for compulsion to replace the batteries.

Who is right: the tenants or the housing office?

Due to frequent appeals to the court and to the Department of Housing and Utilities in 2007, the Ministry of Regional Development of the Russian Federation clarified the situation and reported that the heating elements located in private apartments are part of the common property of the house.

It follows from this that if, due to a high degree of wear and tear or as a result of an accident, the battery has leaked, it should be replaced by an organization that receives monthly money from residents in the form of deductions for overhaul and is responsible for the maintenance and maintenance of home property.

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The management organizations are not interested in bringing this information to the attention of the apartment owners, therefore, until now, residents are forced to pay for the dismantling and installation of a new heating device, which, among other things, must be purchased independently.

Repair and replacement of a leaking battery

We found out that the heating system is part of the common property of an apartment building and also includes radiators located in apartments. It follows that, regardless of whether the area is privatized or is a municipal property, it is the responsibility of the management organization, HOA or housing cooperative to repair or change a battery that is in emergency condition... In this case, no additional payment is taken from the owner of the property.

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In other words, if the battery has leaked, then you need to call the master who serves the house, and he will replace the failed heater free of charge.

In practice, things are not so simple. Housing office workers may declare that they do not have a replacement battery, so they will repair the old one, or, even worse, remove the radiator, install plugs and ask to wait. Since this wait can last for months, the owner of the apartment is simply forced to buy new equipment on his own, because no one wants to freeze in winter without heating.

There are times when tenants, without waiting for a replacement, purchase a radiator at their own expense and hope that DUK will pay them compensation. It is definitely not worth counting on this, since even judicial practice suggests that the house management organization is not obliged to do this.

Are new heating devices included in the registration certificate of the premises?

To install an additional heating element or modify an existing radiator, you need to coordinate your actions with the HOA. It also often considers such a process as re-equipment, which should be noted in the technical passport of the premises.

Homeowners' association work

Many HOA chairmen believe that a new heating device or its modification is a reason to enter data about this in the data sheet. They refer actions to replace or complicate radiators to the procedure for re-equipping the premises, which requires coordination with the relevant authorities. But this point of view is erroneous, since it is not required to indicate heating devices in the data sheet, there is no information about the location and availability of their quantity. Only a heat source, for example, a thermal power plant, is prescribed. Consequently, homeowners cannot be forced to bring the premises back to their original form, as is the case with redevelopment. But you need to notify the Criminal Code of your actions.

Remember! Self-replacement of radiators in an apartment at your own expense requires a mandatory notification of the service company.

Notification of the service company when replacing radiators

The simplest situation is considered when the old radiators will be replaced with new ones of the same type.But the rest of the work must go through the examination. She will confirm that the installation of radiators will not negatively affect the overall heat balance. After receiving recommendations, you can start work. Expertise is required for such actions:

moving the battery to another location;
installation of a new type of radiator;
battery configuration changes.

Examination of faulty radiators

Replacement negotiation

The first thing to do in order not to have unpleasant consequences in the future is to coordinate your actions.

When replacing radiators with the same type, it is enough to simply notify the managing organization about the upcoming work.
When replacing batteries with a different type, including the possibility of a different configuration and an increase in the heating area, you need to contact a specialist for an examination for the possibility of installing new batteries. This is necessary because sometimes the installation of other radiators has a negative effect on the heat balance of the house. The examination is paid and is carried out at the expense of the owner of the apartment.
When transferring heating equipment, an examination is also required.

Important! Sometimes a change in the configuration of heating devices and an increase in their number is perceived as a re-equipment of premises with amendments to the registration certificate of an apartment. In fact, the replacement of the battery is not reflected in the technical passport in any way, since only the type of heat source is indicated there without specifying specific heating devices.

Expert opinion

Anton Tsugunov

Expert builder. Entrepreneur. 15 years of experience. More than 100 completed projects.

The procedure for coordinating the replacement of heating radiators:

Contacting the management company (UK, HOA, etc.) with notification that it is planned to replace the batteries. For such an appeal, the Criminal Code is obliged to issue technical specifications (TU) with a detailed description of the requirements for radiators and the method of their installation.
Contacting the design organization, which, on the basis of the technical specifications, will make a project with the calculation of the sections of the installed radiators.
With the received project, you can contact the UK again. It is necessary to write a free-form application for replacing the batteries, attach to it: documents on the ownership of the apartment, a copy of the technical passport for the apartment with a mark on the replacement of radiators, a prepared project and a technical passport for a new radiator (if it has already been purchased).
If it is planned to replace the radiators by a third-party organization (not the Criminal Code), then a copy of the registration certificate of this organization in the Unified State Register of Legal Entities, as well as a copy of the SRO membership certificate should also be attached to the application.
Such an application will be considered within 30 days. After that, the Criminal Code must issue a written approval for the replacement of heating radiators.
Once you have received the approval document, you can schedule a date for replacing the batteries. To do this, you will have to contact the Criminal Code again with a statement about disconnecting the risers and discharging water on a specific day of work.

Replacing heating batteries in an apartment - at whose expense and in what cases? 2020 year

With autumn approaching, people are thinking about insulating their homes. And then the problem of heating it becomes relevant.

It is good if your apartment receives enough heat through the central heating appliances to feel comfortable in the cold. But when it is not enough due to low thermal power or leakage of radiators, it becomes necessary to replace the batteries.

It would seem that everything is simple - take the money and change it, however, from the point of view of Russian legislation, not everything is so simple. And a lot of questions arise: at whose expense should the heating batteries in the apartment be replaced - through the housing office or with your own hands?

Who should change pipes in a privatized or municipal apartment? Most owners of privatized apartments do not even think about the fact that not the whole apartment is their property. For instance, according to the provisions of the Housing Code of the Russian Federation, walls, roofs and transit communications (including batteries) are common property. And this means that the financial responsibility for their condition falls on the shoulders of the management company serving the house.

So homeowners are not at all obliged to pay for the necessary replacement of radiators. However, there is a slight subtlety here: the radiator ceases to be considered a common property if it can be separated from the riser using a locking device - a jumper. But if there is no jumper, then the tenant can count on a free replacement of the heating batteries in the apartment.

In addition, due to the ownership of the common house property to all owners, the latter can collectively decide to replace the batteries for an additional fee, which should be indicated in the appropriate clause of the management contract.

As for the citizens who rent housing from the state, the same rule applies to them, or rather, the same "Rules for maintaining common property in an apartment building", approved by the Government of the Russian Federation of August 13, 2006 No. 491, paragraph 6.

It lists the items of common house property: an in-house heating system, which includes risers, heating elements and shut-off valves that regulate them, as well as other equipment on these networks.

This legal act classifies the heating system as a common property, the repair and replacement of which, according to the same law, is paid for by the management company from the funds accrued under the article "Routine repair and maintenance of the house", with the exception of work performed as part of the overhaul of the heating system of the house as a whole.

Therefore, if the heating radiator does not have a shut-off valve, then tenants do not have to pay for the purchase of the radiator and its replacement.

If there is a valve, the replacement of heating batteries in the apartment will be part of the current repair, and, according to clause 4 of the social contract, it is carried out at the expense of the employer. In particular, the agreement states that the tenant is obliged to monitor the health and safety of the equipment inside the apartment and to make current repairs of the premises "at his own expense."

The list of repair works also includes "repair of in-house engineering equipment", including the heat supply system.

By defining a heating battery as a common property, the law limits the ability of a tenant or apartment owner to replace radiators on their own. This creates many obstacles in the way of a person who decides to replace a radiator in an apartment without resorting to the help of a management company.

According to Articles 44 and 46 of the Housing Code of the Russian Federation, the battery, being part of the common share property, can be replaced only by the decision of all equity holders at the general meeting. Otherwise, the replacement of pipes and heating batteries in the apartment will be interpreted as an unauthorized disposal of common house property. And this imposes personal responsibility on the violator of the rules in the event of an accident in the heating system.

Moreover, interference can also arise from the HOA, which often require coordinating with them the installation of an additional heating element in the apartment or changing its configuration. The HOA is inclined to consider this as a re-equipment, notes about which should be included in the technical passport of the premises. Whereas in fact, the replacement of the battery is not reflected in the data sheet. In addition, it is worth knowing that the replacement of the heating batteries in the apartment should be carried out, if possible, in the summer or before the heating is turned on.

Despite all the legal obstacles, it is often much easier to replace the battery on your own than to get the same from the management company legally.

In response to your request to replace central heating batteries in an apartment, utilities may refer to the clause "on balance differentiation" of common house and private property, according to which the owner himself is responsible for the repair and maintenance of batteries.

Therefore, if the central heating batteries in your apartment require replacement (and there is no jumper on them), and the management company refuses to pay for this procedure, then write an official letter to the organization serving the house with a requirement to change the batteries... And, having studied the legal side of the issue, get ready to defend your case in court. And to save heat, you can always install heat meters in your apartment.

If the apartment has old radiators, then replace them will rise in a decent amount.

At whose expense should the batteries be replaced in the owners' apartments, who will be responsible in the event of an emergency after a leak?

How to replace the heating battery in an apartment through the housing office, we will tell you in the article.

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The issue of ownership of heating devices in an apartment is not easy.

In accordance with Part 1 of Art. 36 ZhK RF plumbing and other equipment is considered common good in ICD, but only on condition that this equipment serves not one room, but more.

The same goes for Part 1 of Art. 290 of the Civil Code of the Russian Federation.

PP RF dated August 13, 2006. No. 491 introduced into the rank of legislative act Rules for the maintenance of common property in MKD, so in clause 6 of these Rules ... it is specified that indoor heating system with risers, batteries, all fittings, heat meters, etc. refers to common property.

But in clause 5 it is clarified that only everything that is located before the valve located on the branch from the riser towards the apartment will be considered common.

Thus, if the apartment radiators can be disconnected from the entire system, then they common house good cannot be considered... In the absence of such a valve, intra-apartment batteries are part of the general house heating system.

There is an unequivocal answer to the question of who should pay for replacing radiators in an apartment, and this answer is as follows: the owner must pay.

If the housing is privatized, then when replacing normally working heating appliances with a more modern option, the owner must pay, as well as when batteries are not common household goods.

In a situation where apartment batteries are classified as common property, their replacement should be made at the expense of funds contributed by all owners under the article "maintenance and repair of common property."

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Municipal housing is transferred for use under a social contract. hiring, therefore, the owner must bear the costs of replacing heating devices, that is, municipality.

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Change heating devices that work normally, owes owner.

Situations with heating equipment can be very different, and the procedure differs depending on the circumstances. But it is important to remember that the intervention of the tenant is unacceptable: it is important that professional plumbers.

If during the heating season one or more of them leaked, then such a situation can be considered pre-emergency (water as a coolant is in the heating system under pressure, which is fraught with the flooding of apartments along the riser), which the Criminal Code is obliged to eliminate by replacing the leaky device with a new one.

This statement is also confirmed by the Rules and Regulations of those. operation of the housing stock, approved. PP RF No. 170.

A leak in a cast iron radiator is a malfunction, which must be eliminated immediately after the receipt of a signal from the tenants, with the forces and means of the Criminal Code. Having discovered a leak, the owner of the apartment must, without wasting a minute, notify the organization serving the MKD.

The management company, HOA, housing office or other service company is obliged to respond immediately and eliminate the problem, preventing the development of a large-scale accident.

An example of a claim against the management company for the replacement of heating radiators.

If the heating radiators leak after the heat supply to the MKD is stopped, the malfunction should still be eliminated, but not in such a harsh mode. A leaking battery indicates that the water is not drained from the system... The procedure is as follows:

Residents report the problem to the Criminal Code.
The employees of the Criminal Code eliminate the leak, if possible, or change the battery at the expense of the funds donated by the owners.

Only a specialist servicing the MKD will quickly be able to block the riser or cut off the entire entrance from the heating.

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In an emergency, all responsibility lies with the technical service of the UK, HOA or ZhEK.

In this situation, it turns out most often that there were no scheduled inspections of the common household, there was no system test, as a result of which the leaky pipe and radiator were looked through.

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If the replacement of radiators does not take place as part of a campaign for planned or major repairs of apartment buildings, but is an initiative of residents, then both the purchase of materials and the work will be carried out at the expense of the users of the apartment... It is important to realize that unauthorized actions with the heating system are unacceptable.

It is impossible to do without the Criminal Code or the ZhEK, but this does not mean that it is necessary to hire local plumbers to carry out the work.

It is more logical to find a reliable contractor specializing in dignity. those. works, only important not only excellent reputation and recommendations from friends, you need to check permits, including proof of membership in an SRO for this type of work, services.

After choosing the performer, you must contact the UK. The employee and the management company can also do the work, but it is unlikely that it will be fast.

The following are submitted to the Criminal Code statements:

on the replacement of heating devices;
about shutting down the riser and removing water.

If the first appeal is made for the purpose obtain approval in principle for a replacement and the definition with terms, then the second - already directly for the performance of work.

applications for the temporary shutdown of the riser.

How much does it cost to replace radiators? For dismantling and installing one radiator they take from 2500 rub. up to 4000 thousand rubles. (excluding the cost of the batteries themselves). This amount also includes related operations, such as garbage disposal.

Privileges exist for such categories of residents:

large families;
disabled people;
pensioners, etc.

In practice, getting plumbing benefits is not easy. If contractors are involved in the work, they are unlikely to be interested in the constrained circumstances of the customers.

If the work is carried out by the forces of the Criminal Code, then you can really count on benefits: the Criminal Code has all the papers on the availability of benefits, subsidies and other exemptions for payment.

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Do I need to coordinate the replacement or transfer of radiators in the apartment and with whom?

Replacement, and even more transfer of radiators without approval really shouldn't be produced, especially if it is conceived to replace the batteries with completely different ones in design or to increase the number of sections.

These actions are qualified as a violation of the rules for the use of common house property, which is managed by the service company (clause 5.2.5 of the Rules ...).

It is necessary make the planned changes on the plan of the apartment and contact the UK with the chief engineer or technical director, operation engineer, and coordinate with these officials.

It is possible that you will need to contact the heating supplier: it is here that specialists will be able to perform a heat engineering calculation and issue recommendations in the form of a simple project.

Heat balance is a kind of balance between the heat supplied to the MKD and heat losses through walls, ceilings, windows, floors, cracks and various cold bridges. Battery manipulation can really upset this balance, and the rooms may become cool or, conversely, hot.

When the topic of the urgent need to replace existing radiators with new ones is being actively discussed, then someone is interested in selling radiators or in providing paid services that make up a round sum on the scale of MKD.

The decision on a total change of heating devices has the right to take the Criminal Code at the general meeting of owners of premises.

Before bringing such a question to the court of the owners, it is necessary to carry out a number of calculations with an economic justification in favor of one or another option.

Replacing batteries is an issue that cannot be resolved without the intervention of Criminal Code officials. Even if the apartment radiators can be disconnected from the riser and considered as the property of the owner of the apartment, all the same these devices involved in the general heat supply system.

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The beginning of the heating season can bring unpleasant surprises in the form of faulty radiators in the heating system. In this case, the temperature in the premises drops to unacceptable levels, and the residents experience serious discomfort. Not all owners understand who should change the heating batteries in the apartment if they have ceased to meet their intended purpose. The answer to this question depends on who owns the apartment, as well as on the reason for replacing the radiators.

At first glance, the MKD heating system is not much different from the method of heating other types of housing. However, it has its own nuances. It begins with the entrance valves that cut off the house from the heating main. Along their flange, closest to the outer wall, there is a division of the areas of responsibility of the management company and the service provider. This important point helps in due time to determine who should replace the heating in an apartment building.

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In addition to batteries, spills and risers, the system includes:

hot water connections on the supply and return pipelines (one or two);
a heating elevator that delivers hotter water through a nozzle to a socket, and through a suction takes part of the water from the return pipe to a repeated cycle into the heating circuit. The diameter of the nozzle regulates the temperature of the mixture and radiators;

Issues related to the functioning and maintenance of common house property, as well as the list of equipment and systems that make up it, are regulated by the Housing Code of the Russian Federation and the Decree of the Government of the Russian Federation of 13.08.2006 No. 491.

In view of the constant disputes about who should replace faulty radiators and other elements of the heating system in the MKD, the Ministry of Construction of Russia sent out a letter No. 9506-ACh / 04 dated 04/01/2016, in which it clarified whether the apartment heating radiators are the common or personal property of the owners and, hence, how the radiators are changed.

According to this letter and the provisions of the legislative acts, the internal heating system includes:

risers;
heating elements;
shut-off and control valves;
ODPU of thermal energy;
other equipment located on these networks.

Despite the seemingly unambiguous position in relation to heating radiators and their belonging to common property, expressed in regulatory documents, it does not always turn out to be fair.

So, only batteries serving more than one dwelling are considered common property, including those without shut-off valves, which are located on the branches from the risers of the in-house heating system and are located inside the apartments.

Almost every tenant sooner or later faces the need to replace old radiators. One of the main reasons is the loss of tightness due to metal corrosion. Mechanical damage is also caused by pressure surges in the central heating system.

A decrease in battery power is another reason to update heating devices. Due to the poor quality of the coolant, hard deposits form on the internal surfaces of the system. This leads to a narrowing of the channels through which the coolant circulates, and therefore the power of the devices decreases.

Often, the capabilities of heating devices, the parameters of which were calculated according to the old standards, are not enough to heat an apartment in a high-rise building.

If, after starting and debugging the heating system, the radiators in the apartment remain cold, and the heat supply contract was not signed directly with the service provider, a claim should be filed with the service organization (UK or HOA).

The document, drawn up in 2 copies, informs the Criminal Code that the temperature in the dwelling does not meet the established standards.

In response to the claim, the representative of the Criminal Code must draw up an act on the failure to provide or on the poor quality of the service.

If a consensus is not reached, a representative of the housing inspectorate and an independent specialist should be invited for a second check. The results of the check are drawn up in a special act, 2 copies of which must be signed by all those present.

If the Criminal Code left the claim unanswered, you should contact:

State Housing Inspectorate of the District;
the district office of the Federal Service for Supervision of Consumer Rights Protection (Rospotrebnadzor);
local authority of the Federal Antimonopoly Service.

If the problem of cold batteries can only be solved by replacing them, residents want to find out who should change the heating radiators. In such a situation, there may be several options. The choice of the preferred method is associated with the following aspects:

who owns the apartment;
where such batteries are installed;
what are the reasons for the proposed replacement of heaters.

From these data, the answer to an equally important question for the owner follows, at whose expense the heating radiators in the apartment are replaced.

Municipal apartments are dwellings owned and rented by the municipality under a social tenancy agreement.

Art. 67 ZhK obliges the tenant to maintain the dwelling in proper condition, including carrying out current repairs. The contract lists the parameters that distinguish it from capital. Heating is also among the systems that need to be repaired.

From the text of the standard agreement it follows who carries out the repair of heating batteries in a non-privatized apartment. This responsibility is clearly the responsibility of the tenant.

However, there are exceptions to the rule. They relate to the following cases:

performance of work on the repair of important elements of common house property or included in the equipment of MKD;
overhaul of the house, including the replacement of the heating system.

Since the owner is obliged to carry out large-scale repairs, the replacement of heating batteries in the apartment for major repairs is carried out by the forces and at the expense of the owner, that is, the municipality.

In situations that are open to discrepancies, an end to disputes between the tenant and the lessor can often only be put by the court, if neither party wants to interpret the provisions of the model contract or the articles of the LCD in favor of the opponent.

If the parties are not ready to peacefully determine at whose expense the replacement of batteries in a municipal apartment should be carried out, the most compelling argument will be a court decision.

In the event that an apartment in an apartment building is privately owned, the home owner pays monthly utilities, as well as activities related to the maintenance of common property. If it becomes necessary to replace radiators, he may be interested in whether the management company should change the batteries in the apartments.

Art. 167 of the RF LC, as well as the Rules approved by the Government of the Russian Federation, determine the list of objects that belong to common household property. These include equipment and communications serving all or part of the apartments in the house, including heating systems.

All objects that are inside the apartment and cannot be used by other residents of the house are classified as personal by the RF LCD.

Therefore, to the question of who should change the heating radiators in a privatized apartment, we find an unambiguous answer in the legislation: all work on their maintenance must be performed by the owner.

If the management company intends to carry out a planned overhaul of the apartment building, then as part of these measures, the heating system can be completely replaced, including heating equipment in the apartments of the owners. In this situation, it is clear at whose expense the batteries in the privatized apartment are being changed - the work is financed from the funds of the Criminal Code.

If an accident has occurred in the apartment due to a leak in the heating batteries, or a pre-emergency situation has arisen with a minor leak in the radiators, the homeowner must immediately notify the service company of this. This step is an indispensable component of how to replace heating batteries in an apartment through the housing office in 2020.

According to the law, in this case, the management company, the housing office or the HOA should deal with the elimination of the emergency with the subsequent replacement of the heating devices installed in the apartment in the MKD.

Moreover, service organizations are obliged to carry out all the necessary work free of charge. This is one of the cases when free replacement of heating batteries in an apartment through the housing office is quite real. After receiving information from the owner about the accident, in order to prevent more serious consequences of damage, it should be immediately eliminated at the expense of the forces and means of the Criminal Code.

After the management company accepts the claim for the replacement of radiators, it can be assumed that the owner of a home with an emergency radiator has decided the question of how to change the batteries through the housing office for free.

If the residents decide to update the batteries not because of an emergency, but only out of a desire to improve their appearance or performance, this can be done independently, but with the direct participation of the management company.

Despite the fact that these works are not within the competence of the Criminal Code, contacting specialists will help to find out how to properly change the heating batteries.

Unauthorized intervention in the heating system can disrupt the scheme of its operation, and the one who took unauthorized actions will have to be responsible for this.

To do everything according to the rules, you need to find an organization that will replace the radiators. It must have a license or SRO certificate of admission to carry out this type of work.

After installing the batteries, a representative of the management company will conduct a technical examination and sign an act of acceptance for registration of new heating devices.

Before proceeding with the replacement of radiators, you should obtain permission from the Criminal Code to carry out such work. To do this, you need to provide:

statement;
technical passport of the premises where the replacement will be made;
title documents for the apartment;
certificate that the contractor is in the Unified State Register of Legal Entities.

It usually takes about 2 months to review the documents. After that, a permit is signed to turn off the riser and drain the coolant from the heating system. The document specifies the time and maximum duration of the work.

Often, the management company offers to carry out paid work or tries to shift the replacement of emergency batteries to the owner of the premises. In such a situation, the owner can file a complaint with the Housing Inspectorate. It should indicate that responsible persons evade the performance of their direct duties.

Replacing batteries in an apartment is a troublesome undertaking that, depending on the reasons, may be the responsibility of the owner, tenant or service company. The legislation of the Russian Federation helps to determine in what case and who is obliged to carry out the work and finance it.

Lawyer. Member of the St. Petersburg Bar Association. Work experience over 10 years. Graduated from St. Petersburg State University. I specialize in the field of civil, family, housing, land law.

The question of who should change the heating batteries in the apartment becomes especially acute with the onset of cold weather. After all, if the battery has leaked or the heat in the house is not enough, replacement cannot be avoided. Let's figure out in the article who owns the batteries in the apartment and at whose expense they are changed.

Government Decree No. 491 of August 13, 2006 determined the composition of the property, which is considered general. According to this regulation, the common property of an in-house heating system includes:

risers;
heating elements;
control and shut-off valves;
collective heat metering devices;
other equipment located on these networks.

However, when it becomes necessary to change batteries in an apartment (especially in a privatized one), both the owner and the management company interpret the legislation in their own interests. Due to regular court appeals, it became necessary to clarify the normative act.

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As an explanation of the disputed situations, the Ministry of Regional Development of the Russian Federation sent a letter No. 6037-RM / 07 dated 04.04.2007, in which the batteries in the apartments are recognized as included in the common property. Of course, it is not in the interests of the management company to convey this information to the owners of the privatized apartments. Therefore, often, homeowners are forced to replace the battery in the apartment at their own expense.

Since batteries in an apartment are recognized as the common property of an apartment building, the management organization is liable for their replacement or repair. But there is also one nuance here.

If there is a tap on the branch from the riser of the common building system, with which you can turn off the system in the apartment, then the maintenance of the battery becomes the responsibility of the owner.

In all other cases (it does not matter if your apartment is municipal or privatized), repairs and replacement of heating equipment are carried out at the expense of the management company. Payment comes from the accounting item "Current repairs and maintenance of the house."

Simply put, if your battery is leaking, the management company will replace it. You need to call the master, and he is obliged to replace the device free of charge.

It would seem nothing complicated. But in practice, things often happen differently. Employees at the management company may say they don't have a replacement battery. They may suggest repairing an old appliance, or put in plugs and ask to wait. This wait is usually prolonged. Therefore, the owner cannot stand it and acquires the battery at his own expense, because no one wants to freeze in the cold season.

If you nevertheless changed the battery in the apartment at your own expense, you have the right to demand compensation from the management company through the court. However, practice says that such disputes are rarely resolved in favor of the owner. If you find yourself in such a situation, it is advisable to contact a lawyer for professional help.

But what should an owner or tenant do under a social tenancy agreement if the batteries in the apartment are in working order, but are morally outdated? In this case, you can replace them only at your own expense, since the management company is not obliged to do this.

This is where difficulties arise. Since the battery in your apartment belongs to the common property, the tenant's possibilities are legally limited if they wish to replace it on their own.

In accordance with Art. 44 and Art. 46 ZhK RF, the battery, being part of the common property, can be replaced only with the consent of all owners at the meeting.

If you ignore this fact, replacing the battery in the apartment will be regarded as an unauthorized disposal of the common property, which entails certain liability for the violator. For example, if an emergency occurs, the owner, who has arbitrarily replaced the batteries, will eliminate the consequences of the emergency at his own expense. What to do?

The first thing to do before replacing the battery in an apartment is to coordinate such actions with the management company.

If the radiators are changed to similar ones, it is enough to notify the management company. No additional approvals are required.
If the batteries are changed to heating devices, implying a change in configuration or an increase in the heating area, then in addition to notifying the management company, an examination will be required. In some cases, the installation of new radiators negatively affects the thermal balance of the house. The expert will be able to establish the possibility of installation. The examination is carried out at the expense of the owner of the apartment.
If you plan to move your heating equipment, you will also need an expert opinion.

Who changes the batteries in the apartment? The owner can do this on his own, contact a third-party company or call a master from the management company. It is recommended to contact a “local” specialist. So in the event of an accident that caused damage to other residents, you cannot be accused of incorrect installation. Accordingly, financial responsibility for emergency consequences will not overtake you.

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Who should replace heating equipment?

The owner of the apartment can choose one of three options.

Self-replacement of radiators (everywhere they change batteries with their own hands, but by law, membership in an SRO is mandatory).
Contacting third-party specialists (must be members of the SRO).
Calling the wizard from the service organization.

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Despite the fact that employees of a private company can make a better installation of new equipment, knowledgeable people recommend calling a local master. This is due to the fact that in case of possible problems in the future, you will know who to ask from. If an accident occurs, you will not be held liable for poor-quality installation of equipment that caused damage to the property of other residents.

Does the tenant have an obligation to pay for the replacement of radiators?

The above "Rules for the maintenance of common property" apply not only to owners, but also to citizens living in non-privatized housing and do not have a legal basis for its ownership and disposal.

Plumbing services

The specified document contains a list of common house property: it also includes the general heating network, consisting of risers, radiators, valves and other equipment. In addition, there is also an indication here that the necessary actions with common property are paid by the Criminal Code from payments collected under the current repair line. This does not include work carried out as part of a complete overhaul of the entire heating system of the building. Therefore, in the absence of a locking device on the heating radiator, tenants are not required to bear the cost of purchasing and replacing such a battery.

Correct installation of the shut-off and regulating

With the existing valve, the problem "at whose expense the heating radiators in the apartment are replaced" is solved by paying the resident himself. Thus, the contract stipulates that a citizen who is a tenant of housing is obliged to monitor the working condition and integrity of the intra-apartment equipment and to carry out periodic maintenance "at his own expense." Among the designated works there is also a point with the repair of the heat supply network.

Responsibility in an emergency

If a battery or heating pipe that has leaked in the apartment floods the residents from below, the authorized organization should be responsible for the consequences if it is established that the owner is not guilty here.

These proceedings are awaiting those who have arbitrarily changed radiators in their apartment without permission from the relevant organization. Even if the leak is not the fault of the tenant and is not related to the installation of new equipment, utilities can make the owner of the apartment guilty of what happened.

In addition, even if the installation of new batteries was agreed, but carried out by foremen not from the management company, the owner will also have to be responsible for the consequences.

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Can I change the batteries myself?

The housing law, which classifies radiators as common property of the condominium, narrows the possibilities for dismantling and installing new radiators by the inhabitants of the apartment. Having decided to dismantle such an old device and install a new one without the help of the housing office, the tenant runs the risk of encountering many obstacles.

The same document indicates that the removal or installation of an apartment heating device can only be carried out by a decision adopted by a majority vote of all home owners. In case of disagreement, independent activities to change the configuration of heating devices in their apartment will be listed as sole management and disposal of the condominium property. And for the occurred failures of the heating system, not the housing office, but personally the tenant of this apartment will be held responsible.

Meeting of the tenants of the house

In reality, it is difficult to imagine that a general meeting of residents will be held to agree to replace each battery in the house. The duties of the chairman of the HOA include control over the general building heat supply system.In addition, the thermal balance of the building is often disturbed through the independent installation of new batteries, as a result of which the temperature regime in some apartments may be disturbed. The chairman of the HOA, whose temperature balance of the house has been changed, must identify apartments with illegal installation and replacement of radiators to organize normal heating of the entire house.

In the rules for the use of the housing stock, control over unauthorized changes in heating equipment in apartments is assigned to the service organization. The HOA can contact the housing office and dismantle unnecessary radiators illegally installed at the expense of residents.

But it is often very difficult to force the homeowner to remove an additional and illegally supplied battery or return the heating structure to its previous form. A way out of the situation may be to file a claim in court for coercion to take action to dismantle the radiator.

Lawsuit

Cast iron

The good old cast iron radiators continue to be popular. If such batteries were installed in the house and it was decided to change them to new devices from the same material, then you will not have to spend money and time on conducting an examination before installation.

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Advantages of cast iron batteries:

durability and reliability;
non-susceptibility to corrosion;
resistance to water shocks.

Disadvantages:

heavy weight;
limited design.

What belongs to common household or personal property?

In case of questions about the repair and replacement of engineering equipment and communications, you should separate the common house and personal property.

Household property according to the Rules approved by the Government of the Russian Federation, equipment and communications are considered, which serve all or part of the apartments in the house.

According to article 166 of the RF LC, these are the following objects:

Electricity, heat, water, gas supply, sewerage networks;
Elevators and elevator shafts;
Roofs;
Cellars;
Facades;
Foundation;
General house metering devices - heat meters, gas and water consumption meters.

All those objects that are inside the apartment and cannot be used by other residents of the house, are considered by the Housing Code as personal.

Therefore, all costs of their maintenance must be borne by the owner.

Based on the foregoing, it becomes clear that the owner must and can provide for the replacement of all pipes, batteries, meters, heated towel rails and other similar equipment, located inside the privatized housing.

But at the same time, the risers are plumbing, sewer, gas, heat-conducting and electrical communications, which supply resources to the house and premises, belong to common property, and therefore taking care of their condition is the task of the municipality, cooperative, and management company.