The balcony on the fifth floor leaks rain and leaks to the roof of the fourth floor, and is it reaso

Hello, the balcony on the fifth floor is leaking with rain, causing the roof of the fourth floor to leak, and the fifth floor needs to bear the obligation of maintenance.

1. Reason: Because the balcony on the fifth floor belongs to the property rights of the customer on the fifth floor, and the decoration is also handled by the customer on the fifth floor, the waterproof is problematic, and the owner of the fifth floor naturally bears the responsibility for maintenance.

2. Suggestions: 1) If you are the owner of the fifth floor, if the house is more than 5 years old and has passed the waterproof warranty period, it is recommended to find professionals to repair it; If it is a newly bought house, the general waterproof warranty period is five years, which is guaranteed by the developer and the construction unit, you can contact the property management company to let it coordinate the developer and the construction unit to carry out maintenance, and bear all kinds of losses caused by the owners of the fourth and fifth floors caused by chiseling and demolition during the maintenance process, based on the following:

Article 40 of the Regulations on the Quality Management of Construction Projects stipulates: "Under normal use conditions, the minimum warranty period for construction projects is:

1. For infrastructure engineering, foundation engineering and main structure engineering of housing construction, the reasonable service life of the project specified in the design documents;

2. The leakage prevention of roof waterproofing projects, toilets, rooms and external walls with waterproof requirements is 5 years.

2) If you are the owner of the fourth floor, if the house is completed within 5 years, you can find the property to coordinate with the developer and the construction unit to repair and compensate for your losses, if the completion has been completed for 5 years, you can only let the upstairs owner carry out maintenance, if it is not convenient to come forward, you can ask the property to help coordinate the upstairs owner. Under normal circumstances, if the upstairs balcony has been decorated and tiled, and the loss of waterproofing is large and troublesome, it can be suggested that the upstairs customer closes the balcony, so that the customer on the fifth floor has more closed space, and the indoor temperature is increased in winter, and the problem of water leakage on the balcony ground has been solved, and the cost is not high.

3) Whether you are the owner of the fourth or fifth floor, you should keep the image data to facilitate later claims, in case of leakage again after repairs, there is also a basis for discussion.

Irrationality. It should be the fourth floor that must be actively repaired.

1.If the balcony leakage is caused by the quality of the balcony itself, then the balcony leakage is the responsibility of the developer.

2.If the balcony leakage is caused by improper use or improper decoration by the owner, and the loss is caused to the owner downstairs, then the balcony leakage is the responsibility of the owner, and the owner needs to be responsible for the maintenance matters, and also needs to bear the corresponding liability for compensation.

Summary. Hello, dear <>

The open-air balcony of my house is the roof of the fifth floor, and the developer or the owner of the house is generally responsible for the leakage of the top surface of the roof balcony when it rains. Thank you for your consultation, I am glad to answer for you, I hope to help you, I wish you: happy life, smooth work, safety and health!

The open-air balcony of my house is the roof of the fifth floor, who is responsible for repairs when it rains?

Hello, dear <>

The open-air balcony of my house is the roof of the fifth floor, and the developer or the owner of the house is generally responsible for the leakage of the top surface of the roof balcony when it rains. Thank you for your consultation, I am glad to answer for you, I hope to help you, I wish you: happy life, smooth work, safety and health!

For more than 20 years, the developer does not exist, we have the right to use the open-air balcony, and the downstairs users are looking for us to compensate for it.

Reasonable and exclusive use of the terrace, although not in the drawings of the real estate deed, but belong to the exclusive part of the house, if the water leakage causes damage to the neighbors, should be responsible for maintenance and compensation.

The problem is that we don't use it, and after a long time, due to the poor quality of the house, it will also leak.

The development company shall notify the construction unit to carry out the maintenance. The owner shall claim compensation from the development and construction unit for the loss caused by the water leakage of the house, and the claim process can be resolved through negotiation with the development and construction unit.

The problem is that the development company has long since collapsed.

It is an exclusive part of the house, and if the water leaks and causes damage to the neighbors, it should be responsible for repairing and compensating.

Summary. It's actually quite simple, the downstairs leakage must be the responsibility of the upstairs, even if this is the roof of the fifth floor, and the sixth floor is the actual user.

According to the Tort Liability Law, the perpetrator shall bear tort liability if he infringes upon the civil rights and interests of others due to his fault. Where it is presumed that the actor is at fault in accordance with the provisions of law, and the actor cannot prove that he is not at fault, he shall bear tort liability.

The outer balcony on the sixth floor is the roof of the fifth floor, and the fifth floor is responsible for water leakage.

This is actually very simple, the water leakage downstairs must be the responsibility of the upstairs, even if this is the roof of the fifth floor, the sixth floor is the actual user According to the provisions of the Tort Liability Law: the actor infringes on the civil rights and interests of others due to his fault, and shall bear tort liability. Where it is presumed that the actor is at fault or at fault in accordance with the provisions of law, and the actor cannot prove that he is not at fault, he shall bear tort liability.

Summary. Hello dear

It's a worry to hear that your patio is leaking.

Leaking terraces, which are the responsibility of the landlord.

Because no one lives on the top of the 5th floor.

This is the responsibility of the landlord to find someone to fix the roof.

My family lives on the fourth floor, and the terrace on the fifth floor is the roof of my house, who is responsible for the rain leakage on the terrace?

Dear Hello I heard that the balcony leakage of your house is very worrying for you, the terrace leakage is the responsibility of the landlord, because no one lives on the roof of the 5th floor, which is the responsibility of the landlord.

It is a terrace on the fifth floor.

Who is responsible for repairing. I am a resident on the 4th floor.

If no one lives on the fifth floor, it is your landlord who is responsible for guessing that someone lives in it, if it is a spike collapse type, they have to infiltrate the shirt if it is broken, and they are responsible, if it is naturally broken, the landlord boss is responsible.

There are people living on the fifth floor, he didn't seal it, he laid a layer of wooden planks on the terrace, and now my house is leaking, and I negotiated with him on the fifth floor that he didn't pay for it?

We are a formal building with no boss.

There is no boss, that is, the people above your family are responsible, he doesn't pay, so if the file is not responsible, first go to the person in charge of the neighborhood street office who is in charge of your stupid neighborhood to negotiate, and ask him to get it right, if the other party still ignores it, you can sue him.

Is there a property liability?

If it's not your upstairs person, the property is of course responsible, and that is to ask the property to repair it.

Legal analysis: It is necessary to judge according to the specific cause of the water leakage, if it is the reason of the upstairs owner, the upstairs owner shall be liable, and if there is sufficient and sufficient evidence to prove that it is the cause of the developer, the developer shall compensate; The amount of damage suffered can be estimated according to the upstairs occupancy, and if the negotiation fails, a lawsuit should be filed between the two parties to determine the attribution of responsibility and make up for the losses suffered.

Legal basis: Article 286 of the Civil Code of the People's Republic of China: Owners shall abide by laws, regulations and management regulations, and relevant acts shall comply with the requirements of resource conservation and protection of the ecological environment. The owner shall cooperate with the property service enterprises or other managers in accordance with the law in implementing emergency response measures and other management measures in accordance with the law.

The general meeting of owners or the owners' committee has the right to request the perpetrator to stop the infringement, remove the obstruction, eliminate the danger, restore the original state, and compensate for the losses in accordance with laws, regulations, and management regulations for acts that harm the lawful rights and interests of others, such as arbitrarily disposing of garbage, discharging pollutants or noise, raising animals in violation of regulations, building in violation of regulations, encroaching on passages, and refusing to pay property fees. Where the owner or other actor refuses to perform the relevant obligations, the relevant parties may report or complain to the relevant administrative department, and the relevant administrative department shall handle it in accordance with law.