How to distinguish the responsibility for water leakage upstairs, and how to divide the responsibili

1. Check out the water leakage situation and then make a judgment.

Once there is a water leak upstairs, the first thing to do is to clarify the status. 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. And it depends on 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.

2. Coordination between the two sides of the neighborhood.

1. After finding out the situation, if the cause of the upstairs water leakage is actually caused by the upstairs neighbors, the damaged owner can explain the situation to the upstairs or neighbors according to the situation he has mastered, and put forward the repair request and the compensation for the damage caused to him during the repair period.

2. If the upstairs neighbor does not cooperate or does not repair it in time, the damaged owner may provide in accordance with Article 83 of the General Principles of the Civil Law: "The adjacent parties of the immovable property shall, in accordance with the spirit of conducive to production, convenient life, solidarity and mutual assistance, fairness and reasonableness, correctly handle the adjacent relationship in terms of water interception, drainage, passage, ventilation, lighting and other aspects." Where obstructions or losses are caused to neighboring parties, the infringement shall be stopped, the obstruction removed, and the losses compensated.

Take the dispute to court.

3. If the upstairs neighbor ignores the court's judgment, the injured party can first ask the construction team to repair it, and then request the upstairs neighbor to compensate through the court in accordance with the relevant laws and regulations. In addition, when the upstairs neighbor does not take the initiative to compensate, the injured party can apply to the court for enforcement.

3. Maintenance during the warranty period of the house.

1. If the upstairs water leakage occurs during the warranty period of the house (under normal circumstances, the water quality of the house is guaranteed for 5 years, and the pipeline warranty is 2 years), as long as it is non-man-made, the developer should bear the relevant responsibility. When the developer ignores it, the damaged owner can file a complaint with the local quality supervision department, or directly sue the developer to the court.

2. If there is a water leak upstairs, the house is still within the warranty period, and it is believed that it is not man-made, whether it is the damaged owner or the upstairs neighbor owner, the developer should be repaired in time. If the developer is allowed to delay until the warranty period, it is likely that he will have to clean it up himself. In addition, when the developer sends someone to repair according to the owner's requirements, but it still does not meet the standard, after repeated twice, the owner can find someone to repair it by himself, and the cost will be paid by the developer.

Fourth, other auxiliary methods.

When you find a water leak on the upper floor, you can first find the property in the community and ask them to give advice, or ask them to go to the neighbor upstairs to negotiate and repair it. It can also be assisted by community officials and the police. and should do a good job of collecting evidence such as taking pictures, videos, and messages, so that it can be beneficial after being sued to the court.

In addition, if it is a unit, you can find the unit to coordinate and solve it.

How to divide the responsibility for water leakage in the house?

Legal analysis: There are three situations in which responsibilities are divided: 1. Responsibilities of developers.

During the warranty period, if the water leakage is not caused by human causes, the developer shall bear full responsibility. According to Article 7 of the "Measures for the Quality Warranty of Housing Construction Projects", Article 1 (2) has a roof waterproof project, a bathroom with waterproof requirements, a room and an external wall leakage prevention, which is 5 years, and the installation of electrical pipelines, water supply and drainage pipelines and equipment in paragraph (4) is 2 years, calculated from the date of acceptance of the completion of the project.

2. Liability of the property. Water leaks are certainly not caused by the property, but if the property is negligent in its management, or if the problem is not dealt with in a timely manner, resulting in an increase in damage or a more serious problem, then the property is liable. For example, if the public pipes of the building are blocked, although it is not the property that does it, according to the property management contract and relevant regulations, the property company should regularly inspect and clean up, and if it is not done, then the relevant responsible person can be investigated; For example, if the upstairs is illegally renovated and the property is not stopped, then you can find the property to claim compensation for losses.

3. Fair responsibility. For the house that has expired the warranty period, all parties are not at fault (or there is no evidence to prove their fault), if the waterproof layer is naturally aged, the maintenance cost shall be shared by the parties according to the provisions of Article 132 of the Civil Communication, according to the realization situation, generally half of one person.

Legal basis: "Measures for the Quality Warranty of Housing Construction Projects" Article 7 Under normal use conditions, the minimum warranty period of housing construction projects is:

A) foundation engineering and main structure engineering, for the design documents specified in the reasonable service life of the project;

2) Roof waterproofing works, toilets with waterproof requirements, rooms and external walls for leakage prevention, for 5 years;

3) Heating and cooling system, for 2 heating periods and cooling periods;

4) 2 years for the installation of electrical pipelines, water supply and drainage pipelines, and equipment;

5) The renovation project is 2 years.

The warranty period for other items shall be agreed between the construction unit and the construction unit.

1. The leakage on the upper floor of the house may be the responsibility of the property or the owner upstairs, depending on where the water leaks, if the water pipe of the whole building arranged by the property is leaking, then the property needs to be responsible; If there is a problem with the sewer pipe upstairs, it belongs to the upstairs residents who use it independently, and the upstairs homeowner is responsible.

2. The determination of responsibility for water leakage in residential buildings should first distinguish whose responsibility caused the water leakage, and the responsible person shall compensate for the losses caused by the water leakage

1.If it is a water leak caused by the renovation of the house, it will affect the downstairs, and the landlord should be responsible for the loss caused.

2.Due to aging pipes, loose fittings and leaking water, the landlord did not replace them in time, and the tenant just moved in without knowing it. The loss of the downstairs caused by water leakage is the responsibility of the landlord, and the tenant is not responsible.

3.If the tenant finds that the water pipe is aging and the landlord does not replace it in time, the landlord shall be deemed to be the primary responsibility and the tenant shall be secondarily responsible for the loss caused by the downstairs.

4.If the tenant forgets to turn off the water pipe, the tenant shall be fully responsible for the loss of water leakage downstairs.

3. The process of tort compensation litigation for water leakage in the house is as follows: first we need to determine the cause of the water leakage, then determine the specific responsible person, and then file a lawsuit with the people's court for compensation. Through the housing quality inspection department, the cause of water leakage in the house and how to make an appraisal report on the leakage; After identification, it needs to be handled in the following situations:

1.If it is caused by quality problems when the developer builds the house; The owner has the right to sue the people's court to require the developer to perform or take remedial measures, and has the right to claim compensation for losses, 2If the upstairs residents cause harm to the downstairs residents due to the renovation of the house, the renovation of pipes, improper use of water, etc.; or the downstairs residents have caused damage to their roofs during the renovation and caused leakage; According to Article 1167 of the Civil Code of China, the infringed party has the right to file a lawsuit with the people's court to request the infringer to bear tort liabilities such as stopping the infringement, removing obstacles, and eliminating dangers.

3.If the leakage is caused by the natural aging of the waterproof material caused by the long-term use of the house, the adjacent parties are not at fault, and the liability shall be determined according to the identified cause of the leakage.

Legal basisCivil Code of the People's Republic of China

Article 120:Where civil rights and interests are infringed upon, the infringed party has the right to request that the infringer bear tort liability.

Article 183:Where oneself is harmed by protecting the civil rights and interests of others, the infringer bears civil liability, and the beneficiary may give appropriate compensation. Where there is no infringer, the infringer has escaped, or is unable to bear civil liability, and the victim requests compensation, the beneficiary shall give appropriate compensation.

Article 1167:Where the tortious conduct endangers the safety of others' persons or property, the infringed party has the right to request that the infringer bear tortious liability such as stopping the infringement, removing obstructions, or eliminating dangers.

Article 1168:Where two or more persons jointly commit tortious acts, causing harm to others, they shall bear joint and several liability.

Legal basis: Civil 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 289: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.

Article 290:Owners of immovable property rights shall provide necessary facilities for the use of water and drainage by adjacent rights holders.

The use of natural flowing water shall be reasonably distributed among the adjacent rights holders of the immovable property. The discharge of natural flowing water shall respect the natural flow direction.

Downstairs is repairable. In many cases, the upstairs cannot be repaired, and the maintenance from the downstairs on the spot can be done using two maintenance methods: rigid plugging agent and flexible foaming agent. However, it is best to discuss the leakage of the upstairs ceiling with the upstairs neighbor to find out where the water is leaking and find the best solution.

The party who has been damaged by the water leakage can find the housing quality inspection department to identify, and if it is the neighbor's fault, the neighbor can compensate for it.

Not necessarily, it depends. There are usually two types of water leakage: one is caused by a ruptured pipe, which should be replaced and re-waterproofed.

The other is the leakage caused by the failure to do a good job of waterproofing, and the whole needs to be re-waterproofed. Sometimes the leak is not necessarily upstairs, it may also be leaking in your own home, or it is possible that there is a leak next door, and it is best to find a professional to check it.

Responsible, but specifically analyzed. If the house has just been delivered and is still within the developer's warranty period, the developer is responsible for this responsibility. If the warranty period has expired, or the owner has carried out renovation after the developer has delivered the service, then this responsibility is generally borne by the owner of the upper floor.

If the property is rented, the tenant can ask the landlord to repair it.

China's laws stipulate that the adjacent parties to immovable property shall correctly handle the adjacent relationship in accordance with the principles of conducive to production, convenient life, solidarity and mutual assistance, fairness and reasonableness. Where obstruction or loss is caused to adjacent parties, the infringement shall be stopped, the obstruction shall be removed, and the losses shall be compensated.

Data Development:

The General Principles of the Civil Law of the People's Republic of China are legal provisions made by China on some common issues in civil activities, and are the general laws in the civil law system. It was amended and adopted by the Fourth Session of the Sixth National People's Congress on April 12, 1986, and came into force on January 1, 1987. There are 9 chapters and 156 articles.

Article 83 of the General Principles of the Civil Law: Where an obstruction or loss is caused to an adjacent party, the infringement shall be stopped, the obstruction shall be removed, and the loss shall be 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.

The water flows downward.

Downstairs leakage, of course, is upstairs responsibility, the 16th floor of the home was blistered, do you want to find a claim for housing below the 15th floor?!

First of all, find out the root cause of the water leakage, as you said, it is the top of the living room leakage.

When decorating, the living room will not be waterproof, so see if there is water in the living room? Or when did you rinse the floor with a lot of water or something?

2.Then find out if it is a problem with the exterior wall, and the water on the exterior wall can go to various places along the wall.

It's not your responsibility, look for the property, look for the cause of the leak.

The responsibility for water leakage upstairs should be borne by the upstairs residents. If the upstairs user infringes upon the lawful rights and interests of the downstairs residents by causing water leakage in the relevant facilities for personal reasons, the downstairs residents shall bear civil liability. In addition, if the property management company fails to fulfill its supervision and management obligations and causes water leakage, it should also bear the corresponding civil liability.

Legal basis: Article 296 of the Civil Code of the People's Republic of China provides that if the owner of immovable property uses adjacent immovable property for the purpose of using water, drainage, passage, laying pipelines, etc., it shall try to avoid causing damage to the adjacent immovable property owner.

Legal Analysis: Upstairs Water Leak Indictment Sample:

Plaintiff: Name.

Gender: Age:

Ethnicity: Work unit:

Address: Defendant:

Address: Claim: Demand that the defendant stop infringing on the plaintiff's interests, repair the leaking facilities as soon as possible, and compensate the plaintiff for the corresponding losses.

Facts and Reasons:

The amount of compensation should be specified in the claim for damages.

The factual reasons part should state the fact of infringement by the infringer, and it is not necessary to state the legal provisions in this way.

Legal basis: Civil Procedure Law of the People's Republic of China

Article 17: Basic level people's courts have jurisdiction over first-instance civil cases, except as otherwise provided by this Law.

Article 18: Intermediate people's courts have jurisdiction over the following first-instance civil cases:

1) Major foreign-related cases;

2) Cases that have a major impact in the jurisdiction;

3) Cases over which the Supreme People's Court determines that the Intermediate People's Court has jurisdiction.

Article 119:Prosecution must meet the following requirements:

1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;

2) There is a clear defendant;

3) There are specific litigation claims, facts, and reasons;

4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.