Who is responsible for the leaking water pipe on the ceiling of the upstairs toilet?

I think there should be a property to be responsible, for the maintenance of the owner's home water and sewer pipes, are included in the property fee, so in this case must contact the property as soon as possible.

Hello, the first thing to judge here is the cause of the water leakage, if the water leak is related to the quality of the house, the responsibility should be borne by the developer. If it is a non-housing quality problem, it is recommended that you collect evidence at the water leakage site, which can be carried out by taking photos, video recordings, etc.

Once you have prepared the evidence here, you can go straight to litigation. At the same time, you can urge the property to negotiate with the upstairs owner, according to the actual situation, in the end, most of the property and the relevant owners are unwilling to use litigation to resolve, and the negotiation is more likely to be successful.

Please note that the property is always under a duty of assistance here, and if the property does not act, you can complain to the local housing authority.

Legal basis: Article 296 of the Civil Code stipulates 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; Where damage is caused, compensation shall be given.

The upstairs bathroom drain pipe is on the ceiling of your bathroom, which belongs to the compartment drainage, and if the drain pipe leaks, it will be repaired upstairs. Most of them should be neighbors, do not understand the situation, it is recommended to ask the property to coordinate, explain, and negotiate maintenance.

The person who should decorate is responsible, after all, they are responsible for the slotting of the water pipes, and they also install it.

It depends.

1. If it is a leakage quality problem of the ceiling of the house, the developer shall bear the corresponding responsibility during the warranty period.

2. If it is due to improper decoration or waterproof aging, the owner of the upper floor shall bear the corresponding responsibility.

3. In the case of renting the upstairs house, if the tenant fails to follow the requirements of the lease contract, rebuilds without permission, improperly uses water, etc., and causes water leakage, the tenant shall bear the corresponding responsibility.

According to the division of relevant responsibilities, the household can request the corresponding responsible party to remove the obstruction and compensate for the loss. Of course, we often say that "distant relatives are not as good as close neighbors".

In the event of a house water leakage dispute, all parties should understand and support each other, actively cooperate, and take timely measures to solve the problem.

Extended Materials. 1. According to the provisions of laws and regulations, during the warranty period, the development company shall be responsible for the maintenance of the house, and the development company shall notify the construction unit to implement 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 process of compensation can be resolved through negotiation with the development and construction unit, and if the negotiation fails, it can be resolved through arbitration or filed a lawsuit with the basic people's court where the house is located.

2. The warranty period of the house is different from the warranty period of general goods, and it cannot be simply set as 1 year, 2 years or 5 years after purchase, and the warranty period when the off-plan house is delivered is likely to have a time difference with the warranty period of the existing house. Although the real estate developer (i.e. the developer) has the warranty responsibility to the buyer, it is the construction project contractor that actually undertakes the warranty work, and the warranty period is based on the time promised by the construction project contractor to the real estate developer. So it depends!!

It depends on the cause of the water leak. Ceiling leaks are usually caused by the non-standard decoration of the upstairs residents, and you can go to the householder for negotiation. If they do not cooperate, they can seek protection of their interests through legal means.

Finally, remind everyone that before the Chinese New Year, remember to bring an umbrella when you go out, pay attention to traffic safety when traveling, and don't leave behind anti-slip and warmth!

Downstairs bathroom with a leaky ceiling. Does it have to be upstairs?

Hello, downstairs bathroom ceiling leak. It doesn't have to be the reason upstairs. The leakage from the ceiling of the downstairs bathroom may be caused by a leak in the exterior wall and cannot be attributed to the residents upstairs.

Of course, there is a high probability of water leakage for the residents upstairs. If the waterproofing of the upper layer is not sufficient, there is usually a accumulation of sewage in the water, which may cause water leakage, and may also cause the upper floor heating pipe to be damaged, causing water leakage. Therefore, after discovering the water leak, it is necessary to visit an expert for inspection and treatment as soon as possible.

The first thing to detect is the cause of the water leak. It could be that there is no waterproofing layer, or it could be that there is a problem with the pipes. It must be resolved with the upper floor.

If the waterproofing layer is not done well, it will be troublesome, so it is necessary to re-waterproof and then perform a closed water inspection. When there is a problem with the pipe, the leak will flow out of the gap between the pipe and the sleeve. Hope it helps.

Legal analysis: 1. If it is a problem with the quality of water leakage from the ceiling of the house, the developer shall bear the corresponding responsibility during the warranty period, and if it is due to improper decoration or waterproof aging, the owner of the upper floor shall bear the corresponding responsibility.

Ceiling leaks are not necessarily the sole responsibility of the upstairs, and the leakage of the ceiling may be the responsibility of the upstairs or the manufacturer of the home. Institutions engaged in the quality supervision of housing construction projects and municipal infrastructure projects must be assessed by the competent administrative departments of construction or the people's construction administrative departments of provinces, autonomous regions and municipalities directly under the Central Government in accordance with the relevant provisions of the State, and the institutions engaged in the quality supervision of professional construction projects must be assessed by the relevant departments of the State or the relevant departments of the people of provinces, autonomous regions and municipalities directly under the Central Government.

Regulations on the Quality Management of Construction Projects

Article 39.

When the construction project contractor submits the project completion acceptance report to the construction unit, it shall issue a quality warranty certificate to the construction unit. The warranty certificate, the warranty scope, warranty period and warranty responsibility of the construction project shall be clearly stated. Article 42.

If the construction project needs to continue to be used after exceeding the reasonable service life, the property owner shall entrust a survey and design unit with the corresponding qualification level to appraisal, and take measures such as reinforcement and maintenance according to the appraisal results to redefine the use period.

Legal Analysis: A leak in the ceiling may be the responsibility of the upper floors or the manufacturer of the house.

Legal basis: Article 577 of the Civil Code of the People's Republic of China: If one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.

Paragraph 2 of Article 40 of the Regulations on the Quality Management of Construction Projects The leakage prevention of roof waterproofing works, toilets, rooms and external walls with waterproof requirements shall be 5 years.

In fact, the water leakage downstairs is not necessarily caused by the water leakage upstairs, but other reasons can also cause water leakage. For example, first check whether the upstairs kitchen and bathroom are waterproof, and whether there is any accumulation of water on a daily basis.

Secondly, make sure that there is no water leakage downstairs caused by water storage in the upstairs kitchen, and check the distance between the bathrooms. It is also possible that the floor heating pipe in your home or upstairs is ruptured and causing a water leak. If several reasons are ruled out, it is possible that the exterior wall is leaking, and at this time, it is necessary to communicate with the developer and the property for compensation.

Legal analysis: 1. If the pipe leakage is caused by the improper use of the upstairs owner, the upstairs owner should be liable.

2. If the pipe leakage is caused by the decoration of the downstairs owner, the downstairs owner shall be responsible.

3. If the pipeline leakage is caused by the quality of the pipeline, it is necessary to determine whether it is within the warranty period of the house, and if it is within the warranty period, the developer should bear the corresponding responsibility; If the warranty period has been exceeded, the corresponding responsibility should be borne by the downstairs owner. The upstairs owner uses it exclusively, but the pipes are in the downstairs bathroom, and the upstairs owner cannot manage and maintain it.

Legal basis: Regulations of the People's Republic of China on Property Management

Article 31 The construction unit shall, in accordance with the warranty period and warranty scope stipulated by the state, bear the warranty responsibility of the property.

Article 51: Units such as for water supply, power supply, gas supply, heat supply, telecommunications, and cable television shall, in accordance with law, bear responsibility for the repair and maintenance of relevant pipelines, facilities and equipment within the property management area. Where the units provided for in the preceding paragraph temporarily occupy or excavate roads or sites due to the need for repairs or maintenance, they shall promptly restore them to their original state.

Article 55: When there are potential safety hazards in the property, endangering the public interest and the lawful rights and interests of others, the responsible person shall promptly repair and maintain it, and the relevant owners shall cooperate. If the responsible person does not perform the maintenance obligation, with the consent of the owners' general meeting, it can be repaired and maintained by the property service enterprise, and the cost shall be borne by the responsible person.