Who is responsible for the leakage of water and water pipes between floors?

The division of responsibility for pipeline leakage between floors should be comprehensively investigated according to whether it has been demolished and modified, whether it is within the warranty period, whether it is a public facility belonging to the building, etc., specifically, there are the following situations:

1. The seepage pipe belongs to the public facilities of the building and is within the warranty period of the building quality.

The seepage pipe belongs to the public pipe of the building (such as the main water and sewage pipes connecting the upstairs and downstairs), and the leakage occurs during the quality warranty period of the housing construction project, and the construction unit (developer) of the house instructs the construction unit to carry out maintenance. If the personal and property damage of the house owner or a third party is caused thereby, the losing party may file a claim for compensation with the construction unit. The construction unit recovers from the party responsible for the quality problems of the house.

2. The seepage pipe belongs to the public facilities of the building and exceeds the warranty period of the house.

The property uses the owner's payment for housing public maintenance** to repair the damaged public facilities and compensate for the related losses caused thereby.

3. If the non-public pipeline facilities leak and exceed the warranty period, the homeowner who caused the leakage shall bear the maintenance and compensation for the losses caused thereby.

4. If the non-public pipeline facilities leak and the warranty period has not expired, the construction unit (the pipeline has not been dismantled and modified) or the decoration construction unit (the pipeline has been dismantled and modified during the decoration) shall bear the maintenance responsibility and compensate for the related losses caused thereby.

Liability for leakage of upstairs and sewer pipes shall be determined according to the following circumstances:

1. If it is caused by upstairs decoration or other man-made reasons, the upstairs residents are responsible;

2. If the leakage of the upstairs and upper and lower sewer pipes is a quality problem of the house itself, the housing developer shall be responsible.

Where the actor causes harm to the civil rights and interests of others, regardless of whether the actor is at fault, and the law provides that they shall bear tort liability, follow those provisions. Where the tortious act endangers the safety of the person or property of others, the infringed party has the right to request that the infringer bear tortious liabilities such as stopping the infringement, removing obstacles, and eliminating dangers. Where two or more persons jointly commit tortious acts, causing harm to others, they shall bear joint and several liability.

If the damage is intentionally caused by the victim, the perpetrator is not liable. If the damage is caused by a third party, the third party shall bear tort liability.

After the damage has occurred, the parties may negotiate the payment method of compensation costs. where the negotiation is inconsistent, the compensation fee shall be paid in a lump sum; If it is truly difficult to make a lump sum payment, it may be paid in installments, but the infringed party has the right to request the provision of corresponding guarantees. Where a person who lacks or has limited capacity for civil conduct causes harm to others, the guardian bears tort liability.

Where guardians perform their guardianship duties, their tort liability may be reduced. Where a person with property who lacks or has limited capacity for civil conduct causes harm to others, compensation is to be paid from his or her own property; The guardian shall compensate for the shortfall.

Legal basisCivil Code of the People's Republic of China

Article 288:Owners of adjacent rights to immovable property shall correctly handle adjacent relationships in accordance with the principles of conducive to production, convenience of life, solidarity and mutual assistance, and fairness and reasonableness. Article 296:Where the owner of immovable property rights uses adjacent immovable property for the purposes of water, drainage, passage, laying pipelines, etc., it shall try to avoid causing harm to the adjacent immovable property rights holders. Article 1165:Where the perpetrator infringes upon the civil rights and interests of others due to fault and causes harm, they shall bear tort liability.

Where it is presumed that the actor is at fault in accordance with the provisions of law, and he cannot prove that he is not at fault, he shall bear tort liability.

Legal Analysis: Neighbors are responsible.

After the property management company has performed the property management services, the owner shall fulfill the obligation to pay the property management fee. The water leakage is caused by the adjacent party, and the maintenance also requires the cooperation of the adjacent party.

Legal basis: Article 288 of the Civil Code The owner of adjacent rights to immovable property shall correctly handle the adjacent relationship in accordance with the principles of conducive to production, convenience of life, solidarity and mutual assistance, fairness and reasonableness.

Article 289 of the Civil Code: Where laws and regulations have provisions on the handling of adjacent relationships, follow those provisions; Where laws and regulations have no provisions, local customs may be followed.

Legal Analysis: If the upstairs and sewers leak within the warranty period and are not caused by human causes, the developer is responsible. If it is caused by the upstairs neighbor, the neighbor is responsible.

According to the provisions of the Civil Code, the adjacent rights holders of immovable property shall correctly handle the adjacent relationship in accordance with the principles of conducive to production, convenience of life, solidarity and mutual assistance, fairness and reasonableness. Where the property of others is infringed, the property loss shall be calculated in accordance with the market or other reasonable methods at the time of the loss.

Legal analysis: If it is not vandalism downstairs, it should be the responsibility of the residents upstairs. If there is damage caused to the downstairs, the upstairs residents are also liable for compensation.

Where obstructions or losses are caused to neighboring parties, the infringement shall be stopped, the obstruction removed, and the losses compensated. If the adjacent party does not comply with the court's judgment, the injured party can ask the construction team to repair it from the downstairs, and the expenses incurred can be claimed by the court for compensation from the owner of the upper floor. In the event of an upstairs water leak, the first thing to do is to clarify the status.

One is to prove that it is not man-made to damage, if it is man-made, then it is up to you to find out that it is the responsibility of the neighbor to cause the water leakage upstairs. If there is damage caused to the downstairs, the upstairs residents are also liable for compensation. In order to find out the situation, the damaged owner can ask the property quality inspection department to identify the cause of the water leak and how to repair it.

The third is to see whether the house is still within the warranty period, because generally the water quality warranty for new buyers is 5 years, and the pipeline warranty is 2 years. If the house leaks water is not man-made, and it is still within the warranty period, the developer has to take the corresponding responsibility. Of course, if the warranty period is exceeded.

Then it depends on whether the area where the water leak is located is a personal part or a public part.

Legal basis: Civil Code of the People's Republic of China

Article 712 The lessor shall perform the maintenance obligation of the leased property, unless otherwise agreed by the parties.

Article 713 The lessee may request the lessor to repair the leased property within a reasonable period of time when the leased property needs to be repaired. If the lessor fails to perform the maintenance obligation, the lessee may repair it by itself, and the maintenance cost shall be borne by the lessor. If the use of the lessee is affected by the maintenance of the leased property, it shall.

Reduce the rent or extend the lease period accordingly. Lease due to the fault of the lessee.

If the object needs to be repaired, the lessor shall not bear the maintenance obligation provided for in the preceding paragraph.

Do the math how much it will cost you to renovate your home

When decorating, the most neglected thing is the waterproof project, and when there is a water leak, you will regret it. If the waterproofing is not done, it will cause the cabinet floor at home to be damp and deformed, affecting normal life. So who is responsible for the water leakage between the upper and lower floors?

Who is responsible for the water leakage between the upper and lower floors.

1. If after identification, the quality of the house is not up to par, and it is still within the warranty time range, the responsibility belongs to the developer, and they can be found to repair and compensate the owner for the loss. If the upstairs owner is not best waterproofed during the renovation or the water leakage is caused by improper protection, then the responsibility belongs to the upstairs owner, who should be responsible for repairing and compensating the downstairs owner for the loss.

2. If the water leakage is caused by the downstairs owner, the responsibility belongs to the downstairs owner. If the water leakage between the upper and lower floors is caused by the aging of the house after a long period of use, then the owners of the upstairs and downstairs need to bear the responsibility together and jointly pay for the maintenance, and the maintenance amount is apportioned according to the proportion of the construction area in each place.

What are the causes of roof leaks.

1. Most of the leakage is due to improper installation of the drainage pipe, or it is loose, or the cement is not filled, or the location of the pipeline is not properly treated for leakage. Some houses have a lot of greenery on the top floor, which will also affect the waterproofing layer. It could also be that the waterproofing layer was damaged during the installation of the pipe, resulting in a water leak.

2. Some owners have mildew spots on the wall not long after the renovation is completed, or there are problems such as water seepage on the wall, and some owners will have a particularly damp or even long hair on the wall in winter, which will bring a lot of inconvenience to life. In fact, these are not in strict accordance with the specifications of the construction, pay attention to the floor slab should be tamped and filled, there can be no hemp surface or hollow drum and other problems.

Article summary: The above is to introduce to you who is responsible for the water leakage between the upper and lower floors of the destruction bureau and what are the causes of roof leakage, I hope to help some friends in need.

Enter the area and get the decoration for free**].