Whether the property should be compensated for a leaky floor

First of all, you buy the developer's house, the property and the developer are two different things, the warranty period for the installation and use of the water pipe should be 2 years, I estimate that the developer is unwilling to bear, the property is even more unlikely to bear, your own water pipe is already in your own exclusive area, should be borne by the owner. If you can prove that the water pipe is the problem of the original construction, of course, you can ask the developer for compensation, but I guess it is difficult because your home inspection records are signed. If you want to view the original pipeline design drawing, this should be claimable and your right.

If there is an obvious inconsistency or unreasonableness in this, and the developer does not inform it in time, you can fight for it.

2-year warranty for water pipes, 5-year warranty for places with waterproof requirements. Expired non-human should indeed be responsible upstairs! Provide professional free waterproof leakage technical consultation!

First of all, the meaning of the warranty period is that the device is damaged (not intentionally) during the warranty period, and once the warranty period has passed, the user needs to maintain it by himself. The property is not a parent of food and clothing, and whether it is willing to provide additional services is another matter.

In addition, the landlord rents the house to others within these 2 years (it is very likely) that there is also the possibility of aging and man-made damage to the use of devices.

In addition, the quality of the landlord's community is not bad, and all the PVC pipes are used in my community. It was a bang.

If you want to investigate the construction responsibility, you have no intention of making a fuss, which is a hidden danger that can be completely made up for when decorating. It is a rough house again, how can the construction party or Party A provide a good supporting package for the rough house? More than ten yuan of toilets, ordinary wires, otherwise everyone will not replace the wires, toilets, water pipes, because these things are unpredictable, it is difficult to achieve the purpose of long-term use.

Legal basis: "Regulations of the People's Republic of China on Property Management" Article 2 The term "property management" in these regulations refers to the activities of the owners through the selection of property management enterprises, and the owners and property management enterprises in accordance with the property service contract to repair, maintain and manage the housing and supporting facilities and equipment and related sites, and maintain the environmental sanitation and order in the relevant areas.

Legal analysis: The first step is to find out who is responsible for managing the pipeline. Utilities are the responsibility of the property, and non-public facilities are paid out of maintenance**, depending on whether they are exclusive or common.

There is no objection that the exclusive right holder is responsible for the management and maintenance of the exclusive part, but there is a dispute as to who is responsible for the management and maintenance of the common part. If the waterproof layer is used as a common facility, because it is a concealed project, it is generally believed that the upstairs residents as the actual users should bear the obligation of reasonable use, and the downstairs as the beneficiary also has the corresponding obligations.

Secondly, the cause of the water leakage should be ascertained, and the fault of the parties should be distinguished, so as to determine the responsible subject.

If it is caused by human causes, and the actor is intentional or at fault for the occurrence or expansion of the harmful results, it constitutes infringement and shall bear tort liability.

Developer's responsibility: During the warranty period, if the water leakage is not caused by human causes, the developer shall bear full responsibility.

Liability of the property: The water leakage is certainly not caused by the property, but if the property is negligent in its management, or if the problem is not dealt with in time, resulting in an increase in losses or a more serious problem, then the property will be held responsible.

Summary. Hello, I'm honored to answer for you, the upstairs water leakage to the downstairs floor is not damaged, usually upstairs is not responsible for compensation. This is because in law, there must be actual losses or expenses incurred to claim compensation.

If the downstairs does not suffer any loss or expense due to the water leak upstairs, then the upstairs is not liable.

Hello, I'm honored to answer for you, the upstairs water leakage to the downstairs floor is not damaged, usually upstairs is not responsible for compensation. Because legally, there must be actual losses or expenses to claim compensation from Pilingcha. If the downstairs does not suffer any damage due to the water leak upstairs or if the upstairs is not paid out, then the upstairs is not liable for compensation.

Hello, in the relationship between upstairs and downstairs, you should follow the basic principles of neighborly relations, maintain mutual respect and understanding, and if it causes trouble, you can negotiate to solve it, so as to maintain a good relationship between neighbors.

Hello, according to 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 livelihood, solidarity and mutual assistance, equality and legality, correctly handle the adjacent relationship in terms of water interception, drainage, passage, ventilation and lighting. Where obstructions or losses are caused to adjacent parties, the infringement shall be stopped, the obstruction removed, and the losses compensated.

Legal Analysis: The floor is flooded by a leaking window, the property is responsible, and the property liability is as follows:

1. Fully perform the property management contract, maintain and repair the houses, facilities and public parts entrusted by the property owner, and undertake the security, fire prevention, greening maintenance, cleaning and cleaning of the residential community and the property in the community, as well as the convenience services necessary for the daily life of the property owner and the user;

2. Accept the supervision of the property management committee and residents. The property management company of the community, in accordance with the laws and regulations and the contract, should accept the supervision of the property management committee and residents, and the property management committee has the right to terminate the contract when the property management company cannot perform the property contract;

3. Major management measures shall be submitted to the property management committee for deliberation and decision. When the property management company takes major measures against the content under management, it should obtain the consent of the property management committee, such as major repairs and demolitions of public facilities;

4. Accept the guidance and supervision of housing and land management agencies, other administrative agencies and local sub-district offices. The behavior of the property management company must comply with the provisions of administrative regulations;

5. If any violation of laws, regulations and rules is discovered, it shall be reported to the relevant administrative authorities in a timely manner.

Legal basis: Article 937 of the Civil Code of the People's Republic of China A property management service contract is a contract in which the property service provider provides the owner with property services such as the maintenance of the building and its ancillary facilities, the management and maintenance of environmental sanitation and related order, and the owner pays the property management fee. Property service providers include property service enterprises and other managers.

There are many situations in which a house leaks, and the owner needs to determine whether they can find compensation from the property according to different circumstances:

1. Housing quality problems: According to Article 7 of the "Housing Construction Engineering Quality Warranty Measures" promulgated by the Ministry of Construction and the provisions of the "Residential Quality Assurance Certificate", the leakage prevention of roof waterproof projects, toilets with waterproof requirements, rooms and external walls has a shelf life of 5 years; Walls, kitchen and bathroom floors, basements, pipes penetrate for 2 years. During the warranty period, if the quality of the house itself is leaking, the responsible person is the developer, and the owner has the right to request the developer to repair it, and the loss can be compensated to the developer.

2. Other owners have improperly decorated and waterproofed and caused water leakage in their neighbors' houses. The responsible party is the owner, who bears the responsibility for repairs and needs to compensate the owner for the losses that have been caused. In addition, according to Article 53 of the "Property Management Regulations":

If the owner needs to decorate and decorate the house, he shall inform the property management service enterprise in advance. Property management service enterprises shall inform the owners of the prohibited acts and precautions in the decoration and decoration of the house. When the property management company discovers that there is a violation of relevant regulations in the decoration process, it shall notify the actor to immediately stop and correct; Where the perpetrator refuses to stop or make corrections, it shall be promptly reported to the relevant administrative departments for disposition in accordance with law.

If the owner encounters such a problem, it should be reported to the property management company in time, and if the property management company does not fulfill the above obligations, it should bear certain liability for the owner who has suffered losses. However, if the strata company has fulfilled its obligations, it will not be liable.

3. Water leakage caused by improper decoration. The responsible party is the decoration company, and the general decoration company has an agreed warranty period and warranty scope after the house is renovated.

4. When there is a contract involving water leakage in the contract with the property, in addition to the above circumstances, the property management company needs to bear the responsibility to compensate the owner for the loss according to the contract regulations.

To sum up, in the event of a house water leakage, the owner needs to determine the cause of the house water leakage, and then distinguish the responsible entity, and then file compensation as required. Because according to the different leakage conditions of the house, the property is not the main responsible person to be determined.

Legal analysis: If the basement leaks water and belongs to the public area, the property shall be responsible for the loss caused by it, and the property shall bear the compensation.

Legal basis: Property Management Regulations

Article 2 The term "property management" in these Regulations refers to the property management services by the owners through the selection of property service enterprises, by the owners and property service enterprises in accordance with the property service contract, the housing and supporting facilities and equipment and related field maintenance and maintenance, maintenance and related order activities, maintenance of environmental sanitation and related order in the property management area.

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, the property service enterprise can repair and maintain the hail reform, and the cost shall be borne by the responsible person.