What to do when the apartment is flooded?

If you live in an apartment building, one of the most common troubles that can happen to you is the flooding of the living space (apartment) due to the fault of the neighbors.

This is usually an extremely stressful situation because even in the case of a small flood, the costs to restore the property can be quite a sum.

In addition, not everyone can think rationally in a given situation and quickly take the right actions to record the damage caused. Therefore, the best option will be to think about what to do when the apartment is flooded.

The lawyers of the “Prikhodko and Partners” law office will provide you with all the necessary assistance in case of flooding of your real estate.

How is the issue of real estate flooding regulated?

This issue is regulated by:

• the Civil Code;
• Civil Procedure Code;
• Housing Code;
• ZU “On housing and communal services”;
• Rules for the maintenance of residential buildings and adjacent territories, which were approved by the Order of the State Housing and Community Farm of Ukraine dated May 17, 2005 No. 76;
• Instructions on the appointment and conduct of forensic examinations and expert studies, which were approved by the Order of the Ministry of Education and Culture dated 08.10.1998 No. 53/5 and other normative legal acts.

What is the action algorithm when an apartment is flooded?

If your apartment is flooded, you must follow the following steps, namely:

1. Record the fact of apartment flooding. This should be done in 2 ways: official fixation and additional.

For official registration, a person needs to apply to ZHEK or to another operating organization on whose balance sheet the building is directly serviced and to obtain a certificate of filling of the residential premises (apartment).

This act usually describes the cause and all the consequences of the flooding, including the property that was damaged and an approximate list of works for its restoration.

It is worth noting that the culprit of flooding real estate is not always the neighbors, as an accident can occur due to the dishonest performance of their duties by the water supply service provider.

Thus, the act of flooding the residential premises (apartment) will become one of the fundamental documents in that situation, if you go to court and the dispute cannot be settled peacefully.

Additional recording involves photo and video recording of the consequences of the flooding of the residential premises (apartment). You can also attract additional witnesses who will be present during the shooting.

2. Determining the amount of damages by ordering an expert opinion.

If you cannot agree with the person responsible for the flooding of your property to compensate for the damage caused, then you need to conduct an independent examination.

It will serve as a record of damages caused by flooding, and will also contain a calculation of the amount of material damage caused.

If only the repair of the apartment is affected, then it should be carried out construction and technical examination

For this, you need to have the following documents:

•  the act of flooding, because it is precisely in it that the fact is recorded flooding of the apartment;
•  technical passport for the real estate object;
•  title documents for the apartment.

If you were flooded and your furniture and appliances were damaged, then you also need to carry out a product inspection.

Importantly! Be sure to keep the receipts for the order of examinations, as the costs of their conduct can be recovered through the judicial authorities from the defendant in the case.

3. Appeal to the court.

This stage is used only when all other ways of protecting your rights voluntarily have been exhausted and the person refuses to compensate for the damages caused by the flooding of the apartment.

It is necessary to apply to the court of general jurisdiction as part of the legal proceedings. Also, an important nuance in such cases is that the defendant will have to prove the fact of his innocence since this provision is enshrined in Part 2 of Article 1166 of the CCU.

In addition, the plaintiff can ask to collect moral damages, while he determines the amount himself, but it must correspond to the damage caused.

If your apartment was flooded, contact the lawyers from the Prikhodko and Partners law firm. Our lawyers have thorough knowledge and practical experience in solving this issue in practice, and therefore a positive result will be guaranteed for you.

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