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Is Apartment Water Tank Cleaning a Legal Obligation?

Water

tanks in basements come to the rescue of apartment buildings during regional water outages, pressure drops or network failures in the summer. But think about it: When was the last time the lid of that tank was opened and looked inside?

Water tanks in most buildings have been forgotten in a dark corner since the day they were built. With the thought “somehow clean water comes from the network" the slime, rust, moss that has accumulated at the bottom of the warehouses that have not been cleaned for years, and sometimes even pests that fall inside because the lid remains open... Even if you fill it from the tap to the glass or not, you are coming into contact with that water while showering or washing fruit.

So, is the cleaning of apartment water tanks mandatory by law? What legal and criminal responsibilities does the manager bear in this regard?

1. What Does the Circular of the Ministry of Health Say?

In accordance with the Circular on Water Tanks and the Fight against Legionnaire's Disease of the Ministry of Health, water tanks located in public areas (apartments and estates) are:

Periodic cleaning by authorized companies at least 2 times a year (every 6 months),
Conducting disinfection (chlorination) procedures and
It is a legal obligation to take water samples and undergo bacteriological tests if necessary.

2. How Uncleaned Warehouse Manager Hurt His Head

The apartment manager is directly responsible for the healthy and safe operation of the common facilities in the building in accordance with the Condominium Law (KMK Article 35).

Mass Poisoning and Epidemic Risk: If the residents living in the building due to pollution or bacteria (E.coli, Legionella, etc.) show a mass gastrointestinal infection or outbreak in the warehouse, especially in children, the Provincial Health Directorate and the prosecutor's office intervene.
Injury and Compensation by Taxation: If it is found that the tank has not been cleaned for years in the water sample taken, the manager faces both criminal proceedings and hospital/financial compensation lawsuits for “Neglect of Duty” and “Causing Deterioration of Health by Taxation”.

3. Is It Enough To Say “We Washed Ourselves With A Submersible Pump”?

One of the biggest mistakes managers fall into is washing the tank with bleach to the janitor or an outside plumber.

Mandatory Certificate Requirement: The Ministry of Health and municipalities do not officially accept ordinary cleanings. The company that will carry out the cleaning must have the Biocidal Product Application Permit Certificate and the training certificates of the staff.
Service and Disinfection Report: After the process is completed, the company must issue a signed and signed “Water Tank Cleaning and Disinfection Report”. This report is the largest legal shield of the manager in a possible official audit or complaint.

4. Who pays the cost? (Tenant or Landlord?

) The costs

of routine 6 months of cleaning, chlorination and disinfection of the water tank are covered from the monthly contribution budget (i.e. the tenant or landlord living in the apartment at the time pays) as daily operating and hygiene expenses. However, permanent investments such as membrane coating due to rusting of the water tank, complete renovation of the tank or replacement of the hydrofoyer motor belong to the landlord (floor owner).

Step-by-step action plan for the manager:

Before the autumn rains and winter period begin, get a quote from an authorized water tank disinfection company.
Announce the cleaning date to residents at least 2-3 days in advance (because there will be a water outage).
Remove the post-application cleaning record and analysis report to the building decision/paperwork file.

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