The balcony slab of our apartment is in unsatisfactory condition: there are cracks, corrosion of the metal frame, and the balcony slab is crumbling along the edges.
We contacted the management company, they said that since the balcony is only our property (and not all the owners of the premises of the house), then we must repair it, or the general meeting of owners can decide to repair the balcony slabs and collect additional funds for this Money. Is the management organization's response correct?

The management company's response is not based on legal provisions.

Firstly, the balcony slab is the common property of the owners, as well as the external enclosing structures (walls, roof, ceilings, etc.). This means that the management company is responsible for the maintenance of this property.

In another case, the court also concluded:

Repairs to the balcony enclosing structures must be carried out by the management company

The court ordered the management company to repair the enclosing structures of the balcony, eliminate the causes of water leaks from the ceiling, and perform other work...
The court rejected the management company’s arguments and pointed out that the enclosing structures of the apartment’s balcony, interconnected with the balcony slab, as well as the ceiling slabs, belong to the common property of the owners of the premises of the house
When making its decision, the court was based on the provisions of paragraphs 4.2.4.2 and 4.3.1 of the Rules approved by the resolution of the State Construction Committee, according to which, if signs of damage to the load-bearing structures of balconies, loggias, canopies and bay windows are detected, employees of housing maintenance organizations must take urgent measures to ensure the safety of people and prevent further development of deformities. (Cm.

Old high-rise buildings age over time, deteriorate and require close attention and repair. In addition to roofs, pipes, electrical wiring, corridors and basements, balconies are also aging. If you walk around the city in the Khrushchev area, you will notice cracked slabs, protruding fittings, and streaks of rust.

This picture is typical, unfortunately, for any old district of our cities. In this article we will try to answer a question that interests many: who should repair the balcony and at whose expense?

Who is the owner?

The right to own property in our apartment buildings is distributed between the housing stock and the homeowner. The same applies to extensions. If the canopy, roof and parapet are considered the property of the apartment, then the slab and load-bearing wall belong to the entire house.

If the stove is recognized as unsafe, then the responsibility falls entirely on the housing and communal services. According to Government Decree No. 491 of 2006, the owner of the property can turn to public utilities with a requirement to carry out a major overhaul of the extension.

In case of refusal for various reasons by housing and communal services workers to provide a service and the condition of the balcony is truly threatening, you can proceed as follows:

1. Make major repairs at your own expense;
2. When purchasing goods, be sure to keep receipts. It's the same with hiring specialized organizations;
3. Write an application to the court to recover the funds spent on the work from the perpetrators.

The owner whose balcony is destroyed has his own responsibilities for the extensions:

• He is responsible for the condition and replaces windows, frames, doors at his own expense;
• If necessary, carry out major repairs of the parapet;
• Responsible for insulating the balcony block;
• Monitor the appearance and promptly prevent emerging corrosion, fungi and other harmful phenomena;
• Process and paint part of the façade and structure in a timely manner.
• Check the external fastening of the structure from the inside.

What is housing and communal services responsible for?

Part of the funds collected monthly for utilities services should be spent by the management of housing and communal services and . Workers are required to do site monitoring in the spring and fall of each year.

According to the rules, this includes the following procedures:

• Each extension is checked for correct use, external condition, clutter with heavy objects and cleanliness;
• Instructions are provided to residents about their rights and responsibilities when operating outbuildings;
• Taking timely measures if deficiencies are discovered. If the situation is emergency, then all actions take place promptly;
• If the facility is unsuitable for use, then workers close it and seal the doors.

According to the rules and regulations, the housing stock must be repaired according to design. Balcony slabs are part of the stock, therefore they are restored during selective or complex work, during restoration, and planned replacement activities.

In addition, mandatory work should include: insulating the facade, sealing cracks and joints.

Norms and rules for the operation of apartment buildings

The homeowner is responsible for prevention. This includes:

• Thorough control over the adhesion of the plaster layer to the metal parts of the base. If peeling is observed, the coating is restored;
• Part of the facade in the area of ​​the extension, fence railings, flower boxes must be treated with exterior paint once every 5 years;
• Insulation of the door (if wooden);
• Redevelopment in the extension should not be carried out without the consent of the housing and communal services management, which is responsible for it.

What to do if destruction or damage is detected?

Obvious cases requiring urgent action include:

• Destruction of the concrete layer;
• Strong traces of corrosion on metal parts of the structure;
• Waterproofing does not work;
• The railing or cornice is wobbly.

If one or more points correspond to reality, then photographs are taken and written testimony from eyewitnesses (neighbors, house committee) is collected. Only after this can you apply for a major overhaul.

What is the application procedure?

You need to write an application to the head of the controlling organization regarding the work due to the emergency condition of the facility. It is accompanied by photographs of the balcony, close-ups of the damage and written testimony from the neighbors. The statement must indicate that the structure poses a threat to the lives of family members, neighbors and passers-by. All documents are drawn up in two copies. One remains with the one who submits the application.

A representative of the housing office conducts a review and is required to respond to the application in writing. All documents from housing and communal services must be kept. Your letters should be sent by registered mail. Then they can be used in court, which will determine whose overhaul should be carried out.

If there is no clear answer to the application after repeated appeals to the organization, then you need to prepare and send an appeal to the local administration. The entire package of available documents is attached to the letter. In parallel, you can increase your impact by contacting local media and regional human rights organizations. This will help in a quick review of the case and a possible positive result.

At this time, it is better to do the work yourself so that you and those around you do not get hurt. Just don’t forget to save your financial documents. All payments and checks for construction services and materials will help offset the costs of restoration in court.

Some Frequently Asked Questions

If housing and communal services workers do not immediately make concessions and are removed from repair work in every possible way, then desperate owners go to significant material costs to restore the structure. At the same time, they sometimes believe that the likelihood of returning funds is almost zero.

Such doubts arise due to the poor legal literacy of the population of our cities.

Destruction of the balcony base

In the case of an emergency slab, which can fall on the heads of innocent passers-by at any moment, someone has to make a decision.

The slab belongs to the general property fund, so it is necessary to hold a meeting of the residents of the high-rise building, where a decision will be made to carry out major repairs.

At the meeting, you must present the inspection report, which was signed by the witnesses. The decision is made by 2/3 votes of all those present at the meeting.

Railing restoration

If the balcony is at the disposal of several apartments, then the railings on it belong to public property HOA.

In this case, the emergency condition concerns the entire HOA. An application for repairs is submitted in the same manner as in the case of a stove.

The owner of a privatized apartment or the operating organization?

The main problem and dispute is about who is responsible for the work and whose responsibility? The answer here is clear. According to all standards, it is the housing and communal services sector that carries out the restoration.

Who pays for the work?

If, for example, this year the owners wanted to restore the emergency slab, then the decision should be made by a meeting of residents, since it is in common ownership. Homeowners in a multi-storey building can choose various management options:

• An agreement is concluded with the management organization, which outlines the procedure for joint actions during planned and unscheduled events;
• Responsible for maintaining the fund of the HOA or cooperative.

Regardless of the form of responsibility, all residents pay a fee for the maintenance of common property, which depends on the area of ​​the property.

Thus, we have examined the main issues regarding property rights and obligations to restore emergency extensions.

It is not uncommon for our houses that balconies in old houses often require restoration, and in many cases quite serious repairs. In addition to inconvenience for the apartment owner, a dilapidated balcony poses a potential danger to both apartment residents and passers-by. Not everyone dares to go out onto such a balcony, much less walk under it. Repair needed.

Therefore, it is worth clarifying the issue: who should repair the balcony?
Indeed, often management companies refuse to carry out such work at their own expense or postpone their implementation in every possible way.

According to the Rules for the Maintenance of Common Property, the slabs of balconies included in the apartment plan as measured by the Bureau of Technical Inventory (BTI), as well as the external wall to which these balconies are adjacent, belong to the common property of the apartment building. And, accordingly, they belong to the owners of the premises on the right of common ownership, and the railings, windows and doors of these balconies are part of this residential premises, that is, an object of individual ownership. (Resolution of the Government of the Russian Federation dated August 13, 2006 N 491).

This means that your balcony (balcony slab and external wall adjacent to the balcony) is an indispensable part of the common property, for the maintenance of which you pay your management company. Repairs of load-bearing walls and structures are required to be carried out by representatives of the management company at the expense of fees for the maintenance and repair of residential premises in accordance with the rules of the legislation of the Russian Federation.

However, the owner of the balcony is obliged to independently monitor the condition of the balcony parapets and other adjacent structures (glazed windows, roof, etc.).
In accordance with the Rules for the Use of Residential Premises, approved by Decree of the Government of the Russian Federation dated January 21, 2006 No. 25, repairs of these structures are carried out at the expense of the owners and tenants of residential premises.

It follows that the decisive role in the issue is: " Who should repair the balcony?? - determines which elements of the balcony need repair: “general” or “individual”.

The management company is responsible for the overhaul of emergency balconies, or more precisely, the bottom slab. 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.
It is better to conduct all correspondence with the management company by registered letters with return receipt requested. In this case, you will always have official confirmation of contacting utility services.
If your management company is in no hurry to make a decision, then it is worth sending another set of documents to the local administration with a request for their attention and assistance in solving the problem.

Now all that remains is to wait and hope for a speedy repair of your balcony. If your management company refuses to repair your balcony, you have the right to file a lawsuit.

Another option is also possible.
In order not to wait for a “catastrophe”, you can repair the balcony yourself, and then recover all expenses from the utility companies in court. In this case, when going to court, along with the claim, you should submit all receipts confirming the costs of materials and various services aimed at restoring the damaged balcony.

If you have an apartment with a balcony, you are in luck - it can be used as additional square meters of living space, a storage room, a clothes dryer and just a place to relax. But everything is fine as long as the balcony slab is in satisfactory condition. Snow, wind, rain and frost gradually do their job, the concrete is destroyed and questions arise: who should take responsibility for repairing the emergency balcony, how to determine the degree of its destruction and what should the apartment residents do to bring it to a safe condition. We will help you find the answer to these questions.

Balcony – whose property?

In accordance with the law of the Russian Federation, a balcony slab is the common property of the state and the owner of the apartment. The tenant has the right of sole ownership and is responsible only for auxiliary structures: fences, railings and gratings. Based on this, repairing the balcony slab is the prerogative of the housing management company.

Utilities must monitor the condition of common property and keep it in good condition, carrying out routine repairs in accordance with regulations. The tenant, in turn, is obliged to pay rent on time, part of which the housing office uses for repairs, including damaged balcony slabs. Everything else that is on the balcony is the responsibility of the apartment owners to repair.

What to do with an emergency balcony?

If you find signs of damage on your balcony, you should immediately notify your area's housing office in writing. The application must be certified by a representative of the utility service and endorsed in the appropriate registration register. It would be a good idea to make a copy of it.

To confirm the complaint, you can take several photographs in which traces of destruction are clearly visible, and also ask your neighbors to sign a written description of the condition of the balcony - they will not be against this, since the problem may also affect their property.

The emergency condition of the balcony is determined by the following criteria:

• Deep cracks along the connection between the slab and the load-bearing wall;
• Delamination of concrete from the underside of the slab, exposing internal sections of reinforcement;
• Looseness on the upper side of the slab, washed out by water;
• Partial collapse of slab edges.

After these steps, there are two options for what to do next. You can reach an agreement with the utility companies and offer them, on their part, to do the repairs themselves, and on their part, include the cost of the work and materials used in the rent bill. Or you can wait until the municipal institution itself takes on the repair of your balcony, and if it doesn’t, go to higher authorities and seek a solution to the issue through the court. We advise, if it is within your power, to do the repairs yourself - it will be faster and with less emotional loss.

Discuss with the utility company what types of work will be included in the rent recalculation and what construction materials they are willing to pay for. If controversial issues arise, ask the on-site manager to draw up a work estimate.

How to repair a balcony slab

Repair of emergency balconies should begin with an assessment of the scale of all necessary work. To do this, you need to expose all the damaged areas - with a hammer, try to knock off all weakly holding sections of concrete from the underside of the slab and clean the reinforcement from rust. Tap the edges of the slab and remove loose pieces of concrete. Clean out the cracks on the upper part with a trowel or spatula and remove the screed that has decomposed and turned into dust. When only a solid surface remains, you can begin repairs.

Tools for repairing balcony slabs:

• Poluter;
• Grater;
• Level;
• Master OK;
• Reiki.

Waterproofing the slab

Moisten the cleaned, durable surface well with water and apply Pinetron deep-penetrating waterproofing. This is a new generation of waterproofing, produced in the form of a powder, which is mixed with water before use.

You can use simpler means of waterproofing - mastic or roll, on which a layer of concrete is laid. If you plan to install glazing on the balcony and there will be no moisture access to the slab, you can get by with a regular cement screed.

Top surface screed

For the screed, make a solution of cement and sand. The proportions are determined by the grade of cement - if its grade is 500, then take 5 parts of sand for one part of cement, and if the grade is 400, take 4 parts of sand. Install slats like formwork around the perimeter of the slab so that the mortar does not fall out over the edges. Distribute the solution over the entire slab with a trowel, making a slight slope towards the edge of the balcony. At the junction with the wall, make a small rounded overlap onto the wall so that water does not accumulate in this place. When the solution has hardened but is still wet, float it in with a float.

Repairing the bottom of the slab

If the reinforcement is visible on the bottom of the slab, it needs to be cleaned with a grinder and treated with “anti-corrosion”. After the anticorrosive agent has dried, paint the fittings with any paint for exterior use and let it dry well. Using a trowel, repair the collapsed areas with cement mortar. Doing this on the top of the slab is not very convenient, but you need to try to ensure that the reinforcement is plastered. When the solution has set, rub it in with a float.

At this point we can assume that the emergency balcony has been repaired. By the way, when you purchase materials for repairing a balcony, do not forget to keep your receipts - they will be needed when you go to the office to report on the work done. Everything you spend on repairs must be returned to you by recalculating your utility bills.

Residents can handle cosmetic repairs to their balconies on their own. At their own expense, they produce glazing, leveling and insulating the concrete slab, thermal insulation and decorative finishing. But major repairs of balconies in an apartment building is an area in which, in addition to the owners, management companies, housing cooperatives or homeowners associations are involved. Let's try to find out under what circumstances housing laws are on the side of the apartment owner.

Home renovation is a familiar, almost mundane process, familiar to almost all residents of high-rise buildings. However, ordinary finishing work associated with changing the interior has nothing to do with a major overhaul. During the overhaul process, the load-bearing structures of the house are put in order, and the general building sewerage and water supply systems are updated. The need for major restoration arises when an apartment or common property becomes uninhabitable.

Due to the imperfection and ill-conceived laws, so-called “disputed territories” appeared in houses. When they fall into disrepair and become unsafe, it is difficult to figure out who should be responsible for their restoration and whose responsibility is to finance the repair work. Many questions arise about the overhaul of a balcony - seemingly private property, but at the same time being part of the building’s structure.

Example of concrete slab collapse

Problems with balconies began to arise in the middle of the last century, when the restoration of ancient houses from the Tsarist era began. Today, owners of apartments in Khrushchev and Stalin buildings often face the same troubles. The minimum damage concerns the collapse of plaster and decorative elements, the maximum - the complete collapse of the structure. Cases have been recorded when people fell down along with the collapsed slabs, were injured and died.

To prevent tragic stories from being repeated, measures should be taken in a timely manner, namely, to recognize the balcony as unsafe and begin work on its restoration.

The stove has completely fallen into disrepair

List of destructions in which recognition of an accident becomes legitimate:

• corrosion, bending, loss of fragments of reinforcement and embedded metal parts;
• partial or complete shedding of the protective layer of the balcony base - a concrete slab;
• wear or breakdown of drainage structures - drains, gutters, pipes;
• destruction of the parapet on which the fence is installed;
• loss of stability of the metal, concrete or wooden fence itself.

In other words, if you find destruction that threatens people’s lives, immediately contact the authorized authorities. Submit an application for balcony repair and seek the start of restoration work.

Who is responsible for balcony repairs?

When it comes to maintaining a residential building, namely common areas, employees of the management organization or HOA are involved. The balcony is private property and is not connected to public areas, however, during its repair, a significant role is assigned to regulatory organizations. More precisely, the organization, together with the owner of the property, must be jointly responsible for the condition and restoration of structures.

Homeowner's rights

A balcony in a high-rise building differs from the rest of the private residential area in that ownership of it is divided in half: the tenant is responsible for some parts, and housing and communal services are responsible for others. The owner can, at his own discretion, dispose of the parapet, fence, roof, canopy, which may be necessary in the process of glazing and insulation. The housing sector is responsible for the base (concrete slab) and load-bearing external wall, that is, the repair of the balcony is carried out by the HOA or housing cooperative.

Therefore, if a corner breaks off, the protective coating of a reinforced concrete slab on the outside is partially destroyed, a crack appears, or concrete falls off, you need to contact the utility service.

Workers carry out restoration work

The owner’s requirements are legal and set out in Decree of the Government of the Russian Federation No. 491 (08/13/2006). The official document states that the owner has the right to demand that housing and communal services representatives carry out major repairs if the condition of the structure is recognized as emergency by a special commission.

If the housing and communal services refuse, and the design, in the opinion of the apartment owner, threatens the life of the owner himself and the health of other people, he has the right to do the following:

• record damage in photos and videos;
• involve neighbors who can testify to the destruction of the structure;
• carry out repair work at your own expense;
• go to court to recover money spent on restoration.

The evidence includes sales receipts for construction materials, certificates of services performed from organizations that took part in the major repairs. It is necessary to keep a copy of the application submitted to the management company for balcony repairs and further correspondence with the responsible persons. The court's decision can be either positive or negative.

Prevention of destruction of a concrete slab - pouring a cement screed

We must not forget that in addition to rights, there are also responsibilities that the owner must fulfill. This especially applies to owners of privatized apartments. Here is a list of responsibilities:

• strengthening individual parts of the structure - parapet, entrance opening;
• destruction of foci of fungus and mold affecting concrete;
• protection of metal fences from corrosion;
• timely painting of the foundation, fence and parapet with antiseptic agents;
• Regularly checking the integrity of fastening units.

If there was no proper care, and the destruction of the balcony was due to the fault of the apartment owner, then the court is unlikely to meet him halfway.

Responsibilities of the management company

Each owner of an apartment in a multi-storey building receives monthly receipts for utility bills, which must contain a column dedicated to major repairs. Usually this is a small amount, but when calculated for all residents of the house it becomes substantial. This is the money that the housing sector is obliged to spend for its intended purpose, that is, for the current and major restoration of the building.

Monthly deductions for repairs

Most of the finances are spent on repairing the roof, canopies, updating the facade, replacing internal communications, maintaining basement and attic spaces with equipment installed there. But if the balcony is declared unsafe, part of the amount should be allocated for its restoration. Regardless of how much money is in the housing and communal services fund, emergency areas are repaired first, otherwise you will have to answer for the possible consequences.

There are a number of activities that housing and communal services workers should regularly carry out. One of them is the inspection of residential buildings to identify damage to balcony structures. This procedure is usually carried out in spring and autumn, that is, at least twice.

Preventative inspection of the building by utility services

There is a document regulating the actions of housing and communal services workers - Rules and norms for the technical operation of the housing stock, section No. 170 of July 27, 2003. It says that utilities are required to:

• explain to residents the rights and responsibilities, advise them on the rules for maintaining property;
• check loggias and balconies for cleanliness and clutter with large, heavy objects - furniture, car parts, household appliances, etc.;
• when initial processes of destruction are detected and in emergency cases, take measures and prescribe repair measures so that nothing threatens people’s lives.

If the destruction of the structure is considered an emergency, utility workers must close access to the balcony and seal it. At the same time, they are obliged to instruct homeowners to collect the documents necessary to start repair work.

About the balcony in a privatized apartment

If a slab or fragment of the facade is damaged, the status of the housing does not matter. In any case, these parts of the balcony are either the property of the municipality, or the shared property of the owners who have privatized the apartments or bought them already privatized. That is, the repair of a concrete slab or façade is carried out by the housing and chemical complex.

Dangerous work of industrial climbers

If the main positions in the organization are occupied by responsible people, then it does not come to individual requests from residents. From time to time, sealing and insulation of facade seams and joints, protective treatment and painting of walls, and updating of the drainage system are carried out. During these events, the condition of balconies and loggias is monitored and, as a rule, minor repairs are made along the way. A list of all maintenance work on a residential building can be found in Federal Law No. 185.

For the restoration of buildings recognized as part of the cultural and historical heritage, additional funds are sometimes allocated from the city or federal budget. How and how much also depends on the activity of apartment owners and heads of management organizations.

Preventative repair work

It is necessary to figure out who should repair a balcony in a privatized apartment in each case separately. Factors such as the age of the building, the quality of care for the structure, and the mutual responsibility of the parties are taken into account.

How to recognize the condition of a balcony as emergency

We will arrange all the steps necessary to recognize a balcony as an emergency in a single chain. First, you need to make sure whether the part of the structure for which the housing and chemical complex is responsible has really been damaged. Most often this is:

• crumbling of concrete pavement;
• significant corrosion of metal parts;
• loss of part of a concrete slab or fence;
• consequences of improper installation of the drainage network.

If destruction is present, evidence should be collected to support it. These are written testimonies of eyewitnesses (usually the neighbors below are quicker than others), current photo and video materials, signed inspection reports by regulatory authorities.

Photo of the destroyed slab as evidence

If an emergency is obvious to everyone, a house-wide meeting is convened, where each owner gets acquainted with the results of the inspection and votes. If 2/3 of the owners vote in favor, the property is put in line for major repairs and funds for it are deducted from the general fund.

After this, an application for balcony repair is drawn up addressed to the head of the management company in two copies: one goes to the housing and communal services department, the second remains in hand. It is recommended to send your application by registered mail. An important point: the statement should note that the destruction taking place is dangerous for people and poses a threat to life.

If there is electronic or postal correspondence with representatives of the management company, it is recommended to save all responses, especially if they contain an unreasonable refusal. In the future, the letters will be useful as evidence in court. Pay attention to the date of the messages. If the employees of the management company were delayed in responding and taking action, and at that time an accident occurred, they will have to answer.

All documents (applications, applications, appeals, explanatory notes, acts) must be filed and stored

If the organization does not cooperate, we choose one of the following paths:

• submit an application to the court;
• we do the repairs ourselves, and then go to court;
• We are trying to increase pressure on the management company by involving the public and the media.

Sometimes the last point is the most effective. The management company is interested in concluding new contracts, so it does not need bad fame.

Video about the nuances of major balcony repairs

How to deal with irresponsible management companies:

Useful clarifications from a lawyer:

To avoid getting into trouble, before any negotiations or correspondence with employees of the HOA, housing cooperative or management company, study the laws. Make sure there is a valid reason for requesting repairs. If the truth is on your side, feel free to start the discussion process and involve your neighbors.