Who is responsible for poor quality water. Tore off the first crane from the riser, flooded the neighbors

1. An organization providing cold water supply using a centralized cold water supply system is obliged to supply subscribers with drinking water that meets the established requirements, taking into account the specifics provided for by this Article and Part 7 of Article 8 of this Federal Law.

2. Organs local government, organs executive power subjects Russian Federation are obliged to provide the conditions necessary for organizing the supply by an organization providing cold water supply, drinking water corresponding to the established requirements.

3. Water intake for cold water supply using centralized cold water supply systems must be made from sources permitted for use as sources drinking water supply in accordance with the legislation of the Russian Federation. In the absence of such sources or in the event of economic inefficiency of their use, the water intake from the water supply source and the supply of drinking water by the organization providing cold water supply to subscribers is carried out in agreement with the territorial body of the federal executive body exercising federal state sanitary and epidemiological supervision.

4. Drinking water supplied to subscribers using a centralized cold water supply system is considered to meet the established requirements if the levels of water quality indicators do not exceed drinking water quality standards by more than the value of the permissible error of the determination method.

5. If, based on the results of the federal state sanitary and epidemiological supervision or production control of drinking water quality, the average levels of indicators of drinking water samples after water treatment, taken during a calendar year, do not comply with the drinking water quality standards, the territorial body of the federal executive body exercising Federal State Sanitary and Epidemiological Supervision is obliged to send a notification about this to the local self-government body and to the organization providing cold water supply before February 1 of the next year.

(see text in previous edition)

6. In the event of receipt of the notification specified in paragraph 5 of this article, local governments are required to amend the terms of reference for the development or adjustment of the investment program by March 1 of the next year in terms of taking into account measures to bring the quality of drinking water in line with established requirements. The implementation of these measures should ensure that the quality of drinking water is brought into line with the established requirements no more than seven years from the start of their implementation.

(see text in previous edition)

7. An organization providing cold water supply is obliged, within three months from the date of receipt of the technical assignment specified in Part 6 of this Article, to develop an action plan to bring the quality of drinking water in line with established requirements and coordinate it with the territorial body of the federal executive body, exercising federal state sanitary and epidemiological supervision, until July 1 of the next year. An action plan to bring the quality of drinking water in line with the established requirements is included in the investment program.

8. The term for agreeing on the action plan to bring the quality of drinking water in line with the established requirements and the grounds for refusing such approval are established in the procedure for developing, agreeing, approving and adjusting investment programs, approved by the Government Russian Federation.

9. For the period of implementation of the action plan to bring the quality of drinking water in line with the established requirements, the organization providing cold water supply may not comply with the quality of the supplied drinking water to the established requirements within the limits determined by such an action plan, with the exception of drinking water quality indicators that characterize its safety. During the implementation period of the action plan to bring the quality of drinking water in line with the established requirements, a decrease in the quality of drinking water is not allowed.

10. Local self-government bodies are obliged at least once a year to post in the media and on the official website of the municipality on the Internet (in the absence of such a site on the website of the subject of the Russian Federation on the Internet) information about the quality of drinking water supplied to subscribers using centralized water supply systems in the territory of a settlement, urban district, on action plans to bring the quality of drinking water in line with established requirements and on the results of the implementation of these plans.

One of the most common myths is that there is no suitable drinking water left in Russia, so you need to clean both well and water supply, and even better buy bottled water. We have enough clean water for now. Even on the territory of the densely populated Moscow region, a large number of shallow wells are being built, which provide good drinking water. An example of the purest water, in terms of organic pollution, is artesian wells. It turns out that the owner of a private house has several options for obtaining drinking water. The owner of the apartment does not have such an assortment and uses water from the central highway, so he may suffer from its poor quality.

What does the water utility owe consumers?

We are already used to the fact that tap water is a cocktail of disinfectants and an impressive amount of physical impurities that get there from the walls of old pipes. For all its shortcomings, tap water should be safe to drink without additional filtration and treatment. It should not contain chemicals in quantities exceeding the maximum permissible concentrations (MPC), microorganisms and pathogens. According to the agreement, water utility companies must supply houses and apartments with "drinking water" that meets all sanitary and hygienic requirements.

According to the Federal Law "On Sanitary and Epidemiological Welfare":

Drinking water must be safe in epidemiological and radiation terms, have a safe chemical composition and favorable organoleptic properties.
An organization that provides centralized cold water supply is obliged to provide consumers with water that meets sanitary and epidemiological requirements.

According to the law on consumer rights, drinking water is the same product, which means that if it does not meet the requirements established by the state, the buyer has the full right to compensation for the money spent

The phrase “favorable organoleptic properties” looks the most mocking - this means that the water drawn from the tap does not scare away with its color, smell and taste. Based on the liquid that flows from the tap in many apartments, either water utilities of all levels brazenly ignore federal laws, or strange metamorphoses occur with clean and safe drinking water during transportation to consumers.

How to complain about water quality

So that the consumer does not go into battle for drinking water, like Don Quixote against mills, there is already a well-established scheme of actions.

Clarify which company supplies poor-quality service, in this case hot or cold water.
File a complaint with the emergency service of the Housing Office or the management company, indicating the address, contact details and the nature of the problem. The complaint must be assigned a serial number. The dispatcher can explain the situation right away or send a foreman to check.
A good help in the fight for justice will be the results of the analysis in the SES. If the fact of non-compliance with the standards is confirmed, the organization that manages the water supply networks will pay for the analysis.
In parallel, the consumer can contact the water utility and complain. For example, in Moscow there is a special form on the website of the water utility.
An effective catalyst in solving problems is contacting the media.

It is advisable to send all written complaints by registered mail and keep the receipt. The application must be considered within 2 days. The management company must receive an act. Subject to a proven fact of poor water quality, the commission is obliged to recalculate the cost of the services provided.

For expertise, you can contact Rospotrebnadzor. After its implementation, an act with the results of the inspection will be provided, and the organization responsible for the water supply networks will be obliged to eliminate the causes of the supply of poor-quality water.

Effective help in solving the problem of poor quality tap water is provided by online resources. For example, on the Angry Citizen website, you can make a claim with a specific description of the problem, which will be sent to Rospotrebnadzor or other organizations, if necessary.

We continue to resolve the issue in court

As practice shows, in order for justice to prevail, efforts will have to be made, but complaints and letters do not always lead to a positive resolution of the situation. If a dissatisfied consumer has done everything in his power, but the quality of the water remains the same, the last way out is to contact the commission to control the water supply.

Copies of the results of examinations and analyzes performed by independent authorities must be submitted to the court. They must prove the poor quality of the water and its inconsistency with the drinking category. Only then can compensation be achieved.

Required documents to go to court:

Agreement with a water utility for the supply of water supply services;
Acts-results of appeals of a dissatisfied consumer from different authorities;
Expert opinions based on water analyzes (if any).

After providing all the documents, the consumer of poor-quality drinking water may demand:

monetary compensation;
Proper water supply;
Reduction or cancellation of payment for low-quality services;
Compensation for the cost of purchased water treatment equipment;
Reimbursement for the purchase of drinking water and damage to plumbing;
Compensation for moral damage.

Everyone has their own truth

On paper, everything looks great, but in reality, everything is not so smooth. For example, in the Moscow Vodokanal they say that their water meets all the requirements, and if rust flows from the tap, then the outdated utilities of the housing stock are to blame. As proof, they cite the results that they regularly take into various institutions. Their website even has a map where you can see the statistics.

The first step is to recalculate based on the saved receipts. In any case, the consumer is entitled to financial compensation. But to achieve full satisfaction of all requirements and moral compensation - this is from the category of fantasy

The representative of the management companies explains that it is pointless to complain about the quality of drinking water. They do not affect the water in any way, but only ensure its supply to the apartment. All they can do is conduct water sampling and analysis. Next, it will be necessary to establish on which segment of the pipeline the loss of quality occurred, and who is responsible for it.

The lawyer replies that for the affected client it makes no difference who is to blame: the supplier or the contractor. They have to figure out among themselves who the consumer will not pay the bills to. If he enters the house pure water, and dangerous slurry flows from the tap in the apartment - the performer is definitely to blame. If the water before entering the house does not correspond to the name of drinking water, this is the fault of the service provider.

The recalculation of the cost covers the period from the moment of occurrence of the violation to the documented date of the end of the period of poor-quality water supply. It is considered terminated if the consumer has signed an act to eliminate the deficiencies provided utilities, or a new laboratory analysis has confirmed that the provision of utilities of the proper class has been resumed.

Signs of poor-quality drinking water from the tap

The danger of industrial water consumption in the cumulative poisoning effect of chemical compounds. You need to stop eating, complain and send water for analysis in such cases:

Earthy or fishy smell - pollution organic matter;
Black spots on plumbing - hydrogen sulfide;
Brown or red color - iron oxidation;
Foam in contact with aluminum - high level of alkali;
Bitter taste - excess of hardness standards;
Turbidity - methane pollution.

We open the faucet, and it gushing from it rusty water? The situation is, to put it mildly, unpleasant, because we need water for cooking, washing, washing. But what is there to explain: water is vital for us! For low-quality water, demand a recalculation!

What should be the water from the tap?

What to do if there is a suspicion that the water does not meet the standards?

If you think that water of inadequate quality is supplied to your apartment, you can, at your discretion, either contact the management company or immediately complain about the actions of the Criminal Code to Rospotrebnadzor. Often the management company refuses to check the quality of the water, so it is more efficient to immediately complain about the Criminal Code to Rospotrebnadzor.

WAY #1. WE CHECK THE WATER QUALITY BY THE MANAGEMENT COMPANY

Step #1. Reporting a violation

A report on a violation of the quality of a utility service can be made by the consumer in writing or orally (including by telephone) to the emergency dispatch service. It must be registered (with your name, address and issue). Be sure to specify the name of the employee who accepted the application, the number and time of its registration. If you are applying
in writing, be sure to require a mark on the acceptance of the application on your copy with the exact time of receipt.
In the event that the service employee knows the reasons for the violation of the quality of the utility service, he is obliged to immediately inform you about this and make a corresponding note in the message log or on your application. If the reasons are not established, the date and time of the verification of the fact of violation of the quality of the utility service must be agreed with you. An employee of the emergency dispatch service independently informs the organization servicing your home (management company) immediately about your appeal on the fact of a violation of the quality of the service. Already an employee of the management company or a resource-supplying organization determines, together with the consumer of the service, the date and time of the inspection.

Step #2. We draw up an act

After checking the water quality, the specialist of the management company draws up an inspection report in at least two copies (according to the number of interested parties). It must be signed by a representative of the management company and consumers (you and your neighbors). One copy of the act remains with you, the second is taken by a representative of the management company.
The act must specify:

the address,
date and time of the check
visual and other external signs of poor-quality water are present (color, smell, lack of transparency).

If the specialist of the Criminal Code, when drawing up the act, concludes that the water in your apartment is suitable for consumption, and you categorically disagree with it, then insist on an examination. Management Company is obliged to appoint an examination and conduct it at its own expense.

At the same time, the act states:

who initiated the examination,
in which container the water sample is filled,
in what terms, where and by which participant in the check the sample selected for examination is transferred,
meter readings.

The expert opinion is subsequently attached to the inspection report. If no one is in favor of an examination, but there is a dispute about the quality of water, then a re-inspection is scheduled, but in the presence of specialists from the State Housing Inspectorate and a representative of a consumer public association.

Upon completion of the check, an act must be drawn up, which indicates that water samples have been taken to be sent to the laboratory in order to obtain a conclusion on the compliance of water quality with sanitary standards.

Make sure that the act on the provision of low-quality services must indicate violations of the quality parameters, the time and date of the start of the provision of the utility service in the form in which it does not suit you.

Step #3. We need a recalculation!

The drawn up act, as well as the expert’s opinion on the non-compliance of water with the current sanitary standards (if the representative of the management company refuses to recognize the service as poor quality) are documents on the basis of which you, as a consumer, can demand a recalculation from the management company. By law, it must be done within a month from the date of signing the act.

Remember: without filing a request for recalculation of the Criminal Code, such a recalculation is not required to be done!

PATH №2. WE CHECK THE WATER QUALITY BY COMPLAINTING THE ROSPOTREBNADZOR
Step #1. We complain about the management company in Rospotrebnadzor -

Send a completed application to Rospotrebnadzor - attaching an act on the provision of poor-quality services.

homeowner in apartment building has every right to complain about dirty water immediately to Rospotrebnadzor, bypassing the management company. In this case, if the supervisory authority reveals violations, the management company will be held administratively liable.
For verification, employees of Rospotrebnadzor must go to the place with the following documents:
- a certificate confirming that the person is a representative of this organization;
- a document confirming the need for verification, signed and stamped leading person. At the same time, it is very important that the verification is carried out by the person indicated in the accompanying document with a seal. This employee of the department, most likely, will make a selection of water for an examination.
The terms of the audit cannot be more than one month. However, if there are good reasons for this organization, the verification period may be extended for another month.
Upon completion of the inspection, employees of Rospotrebnadzor must draw up an act, where all the results of the inspection must be entered and an expert opinion on water quality must be attached. If violations are found, an inspection protocol is added to the drawn up act. Further, Rospotrebnadzor holds the perpetrators accountable - this can be both a management company and a resource supply organization, which, in turn, are obliged to eliminate violations. If this does not happen for a long period, then you can re-call a representative of Rospotrebnadzor to draw up a second
an act confirming the provision of low-quality services. And in any case, you will demand recalculation from the management company or the resource supplying organization.

Step #2. We achieve recalculation
If Rospotrebnadzor reveals that the water entering the apartment does not meet quality standards, the owner may require a recalculation.
To do this, you must submit an application to the management company with a request to recalculate, attaching a copy of the answer from Rospotrebnadzor.

Without filing a request for recalculation of the Criminal Code and RO, such a recalculation is not required! Recalculation must be made within a month after the application is submitted.

If the recalculation is not done

If Rospotrebnadzor discovered violations of the quality of the water provided, issued instructions to the Criminal Code to eliminate the violations, but water of inadequate quality continues to flow from the tap, or the management company, after submitting your application, did not recalculate, you must submit application to the State Housing Inspectorate.

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Housing and communal services / Management companies and HOA

Who is responsible for the condition of the first hot and cold water tap? Apartment owner or management company (HOA)? One way or another, every apartment owner faced these questions. The tap is leaking, at whose expense is the replacement? The crane was torn off - who will pay for the damage? So, the Supreme Court of the Russian Federation in its decision states: the management company is responsible for the condition of the first from the riser of the crane.

Who is responsible for the first water tap in the apartment from the riser?

Hot and cold water in apartments of apartment buildings is supplied through the so-called "risers". From them, through the "outlets", intra-apartment wiring is carried out at the points of consumption (sinks, bathtubs, toilets, etc.)

At the same time, the risers are part of the common house property and the managing organization is responsible for them (HOA, management company, etc.). And the owner of the apartment is responsible for the "bends". The line of responsibility runs along the first crane after the “riser”. But who is responsible for the crane itself?

The current legislation interprets this moment as follows:

In particular, paragraph 5 of the Rules of the Rules for the maintenance of common property in an apartment building says:

... The common property includes in-house engineering systems of cold and hot water supply, consisting of risers, branches from risers to the first disconnecting device located on branches from risers, indicated disconnecting devices, collective (general house) metering devices for cold and hot water, the first shut-off and control valves on the outlets of the intra-apartment wiring from the risers, as well as mechanical, electrical, sanitary and other equipment located on these networks ...

(Rules for the maintenance of common property in an apartment building, Clause 5)

It seems that everything is clear - the first cranes from the riser are part of the common house property. However, in real life, public utilities act according to their own logic. Here is one of the stories.

An accident occurred in the apartment of a resident of Magadan - the tap on the "comb" of cold water, located at the outlet from the riser, was torn off. Water flooded the apartment and spilled into the apartment on the floor below. The total amount of damage was more than 10,000 rubles.

The management company voluntarily refused to compensate for the damage. The landlord had to sue. The City Court of Magadan satisfied the plaintiff's claims. However, the utilities challenged the decision in the regional court. They motivated their position by the fact that the owners of the apartment put the ill-fated "comb" on their own, not observing the technical requirements for this type of work. Accordingly, they are not responsible for the condition of the self-installed crane, and they are not required to compensate for the damage.

The Supreme Court of the Russian Federation, where the owner of the apartment applied, put an end to the proceedings. The judgment of the Court states:

... The first shut-off devices and shut-off and control valves on the outlets of the intra-apartment wiring are elements of in-house engineering systems designed to perform the functions of hot and cold water supply, gas supply, as well as room security apartment building.

Providing the supply of utility resources from utility networks to in-house equipment, these elements change the parameters and characteristics of in-house engineering systems, thereby influencing the maintenance of other premises of an apartment building.

Taking into account these technical features, the first shut-off devices and shut-off and control valves correspond to the main feature of common property as intended to service several or all premises in the house. The fact that the specified equipment is located in the apartment does not mean that it is used exclusively for servicing this premises and cannot be classified as common.

The circumstances indicating that the emergency plumbing equipment belonged to the property of S. Yu. Bilenko, or to the common property of the residents of the apartment building, were legally significant and subject to proof.

When considering the case, the court of appeal referred to the fact that Bilenko SV. along with the replacement and re-equipment of the internal engineering networks, which are its property, the shut-off valve (shut-off and control valves) was replaced at the junction with the outlet from the common cold water supply riser, which caused the leak, and which is the common property of the owners of the apartment building.

The plaintiff disputed these circumstances, but the court of appeal did not check them and did not establish them for certain.

Simultaneously replacing the shut-off valve does not release the managing organization - Zhilservice LLC from the implementation of its obligations for the maintenance of the common property of an apartment building, assigned to the company by a concluded agreement ...

Full text of the decision of the collegium of the Supreme Court of the Russian Federation in this case.