Flat flooding: recovering damages

What is happening

A riser or a branch from it has burst, and the managing company writes "leak from the flat above" in its report to avoid liability. Whether the failure occurred on common property or on the flat's internal pipework determines who pays.

The upstairs neighbour admits fault in conversation but refuses to pay or offers a sum that would not cover repainting the ceiling. The inspection report was drawn up in a hurry, and there is no valuation yet.

It can be the other way round: you have received a claim with a valuation that includes redecorating the entire flat and furniture the water never touched. The task then is to establish which damage was actually caused by the flood and to contest the rest.

What the law says

• Under the Civil Code, damage to property is compensated in full by the person who caused it; to escape liability, that person must prove it was not at fault.
• Under the Housing Code the managing organisation is responsible for maintaining the common property of a block of flats. Under the Government's rules on maintaining common property, this includes risers and branches up to the first shut-off valve.
• If the managing company caused the flood, Law of the Russian Federation No. 2300-1 of 7 February 1992 "On Consumer Rights Protection" applies to the relationship, including the penalty for failing to meet a demand voluntarily.
• The flooding report is drawn up by the managing organisation. The owner may add comments to it and, if the company refuses to draw one up, record the damage with neighbours as witnesses and send that record to the company.
• The limitation period for such claims is three years under the Civil Code, but evidence disappears much sooner: stains dry, repairs begin, witnesses forget details. Damage should be recorded straight away.
• If the flat was insured, the insurer's payment does not prevent you from claiming the uncovered part of the loss from the person responsible, and the insurer itself may pursue that person by way of subrogation.

What we do

• We advise immediately after the flood: what to photograph and film, whom to call, how to draw up and sign the report.
• We identify the defendant: the neighbour, the managing company, the developer under warranty, or several parties at once.
• We arrange an independent valuation or a construction survey and invite the other side to the inspection in advance.
• We prepare a claim letter and negotiate voluntary compensation.
• We file the claim, apply for a court-appointed expert where needed and represent you in court.
• If the claim is against you, we check the cause of the flood and the damage calculation and contest inflated amounts.
• We support enforcement of the judgment, including through the bailiffs.

What we will need from you

• The flooding report and the numbers of your calls to the emergency or dispatch service.
• Dated photographs and video of the damage, ideally taken right after the flood.
• Proof of your ownership of the flat.
• Any valuation report, estimates and receipts for repairs and furniture you already have.
• Correspondence with the neighbours and the managing company, and the home insurance policy if there was one.