How to solve the claim for water leakage for more than five years? 100

1. Article 7 of the Measures for Quality Warranty of Housing Construction Projects clearly stipulates the scope of the developer's liability: the developer shall compensate for the following situations under normal use conditions: (1) the reasonable service life of the project specified in the design documents for the foundation engineering and the main structure engineering; (2) Leakage prevention of roof waterproofing projects, toilets, rooms and external walls with waterproof requirements for 5 years; (3) Heating and cooling system, which is two 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 shall be 2 years.

2. Article 83 of the General Principles of the Civil Law: The adjacent parties to 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 and lighting. Where obstructions or losses are caused to neighboring parties, the infringement shall be stopped, the obstruction removed, and the losses compensated.

The party damaged by water leakage should first ask the housing quality inspection department to make an appraisal report on the cause of water leakage in the house and how to make up the leakage; After identification, if it is the cause of the adjacent party, the adjacent party may be required to repair it immediately or in a timely manner on the basis of the report, and may request compensation from the adjacent party for the damage caused during the repair period. If the adjacent party does not cooperate, the injured party can take the dispute to court. 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.

If the upstairs does not pay compensation, it can apply to the court for enforcement.

You can consult a professional lawyer for this accountability, and if you want to find the answer on this topic, unless it is answered by a regular lawyer, but the lawyer is generally tireless or does not have the time to come. You can consult a professional lawyer for free on the 164 legal service app to see what they have to say. Asking this question is a waste of time, not absolutely.

Legal Analysis: It can be resolved through court litigation. When exercising their ownership or right of use, the owner or user of adjacent immovable property shall do so in a manner that does not harm the lawful rights and interests of other adjacent persons.

If the exercise of rights causes harm to the person or property of the neighbor, the neighbor has the right to demand that the infringement be stopped, the danger eliminated and the loss compensated. The upstairs users leaked, endangering the interests of the downstairs users. Downstairs users can collect evidence and calculate losses.

Through the property, through the neighborhood committee to find the upstairs owner or user for mediation. If the mediation fails, the downstairs user can sue the upstairs owner or user to the court to claim damages. The methods used to collect evidence may include video recordings, audio recordings, witnesses, and so forth.

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

There are two ways to compensate for the house being leaked upstairs: first, the two parties negotiate privately, and the amount of compensation can be negotiated by both parties. 2. If the negotiation fails, a lawsuit may be filed to demand compensation, and it is necessary to find a professional appraisal agency to give an appraisal of the amount of losses; After the lawsuit, apply to the court to entrust the appraisal agency, remember not to unilaterally entrust the appraisal agency yourself.

Article 179 of the Civil Code provides that the main ways to bear civil liability are: (1) stopping the infringement; (2) Removing obstructions; (3) eliminate the danger; (4) Return of property; (5) restitution to the original state; (6) Repair, rework, or replacement; (7) Continued performance; (8) compensation for losses; (9) Pay liquidated damages; (10) Eliminate the impact and restore reputation; (11) Apologize. Where the law provides for punitive damages, follow those provisions.

The methods of bearing civil liability provided for in this article may be applied separately or in combination.