What to do if a building without a property leaks

First of all, the maintenance of the leakage of the house should be divided into situations, according to the construction quality standards, the minimum waterproof warranty period is 5 years. The development company is responsible, generally within 5 years by the property company to communicate and coordinate the construction unit to carry out maintenance, if no one repairs, the development company needs to be sued for responsibility, and it will be repaired on its behalf.

In the residential community where you have lived for more than 5 years, if you need to start the housing maintenance in the case of large-scale rain leakage of the wall**, the property management company will calculate the cost and agree with the owners' committee, report to the residential community management office, and the real estate bureau will approve the fund for maintenance.

Repairs in the common areas of the house, if it is a minor repair, the property company will directly repair it, and if it is a major repair, it will need to be used for maintenance**.

Find the property, then find the developer, then find the owners' committee, if not, then find the Construction Bureau, the house maintenance ** can be used, repair it, and overhaul it!

The property fee is not related to the waterproof warranty of the house, the house is waterproof for five years, find the developer, if you can't find the property and don't use the maintenance funds, and there is no such funds or this private place that belongs to you, for example, you say that your kitchen is leaking, then you can repair it with the upstairs, you can find the neighborhood committee or the street office to help negotiate, the property is not responsible for helping you repair.

The water quality guarantee is 5 years!! Leaky water you're going to find your upstairs! As for how the water leaks, that's to go upstairs and coordinate with others!

Legal analysis: If it is a new house that has just been bought, and the walls are leaking, then the property must be managed, if the property does not care, then you can go to the developer first, and the owner can directly complain if it does not matter.

Legal basis: Property Management Regulations

Article 34 The owners' committee shall enter into a written property service contract with the property management service enterprise selected by the owners' general meeting.

The property service contract shall stipulate the property management matters, service quality, service fees, rights and obligations of both parties, the management and use of special maintenance funds, property management housing, contract term, liability for breach of contract, etc.

Article 35 Property service enterprises shall provide corresponding services in accordance with the provisions of the property management service contract.

Where a property management service enterprise fails to perform the provisions of the property management service contract, resulting in damage to the personal and property safety of the owner, it shall bear the corresponding legal responsibility in accordance with law.

Legal Analysis: If the house leaks during the warranty period, the developer is liable. At this time, the property does not care, and can sue the developer for damages. If the common area leaks due to normal wear and tear, the property shall be responsible for repairs.

Legal basis: "Regulations on the Quality Management of Construction Projects" Article 41 If a quality problem occurs within the warranty scope and warranty period of a construction project, the construction unit shall perform the warranty obligation and bear the liability for compensation for the losses caused.

Property Management Regulations》 Article 55 Paragraph 1 When there are potential safety hazards in the property, endangering the public interest and the legitimate rights and interests of others, the responsible person shall repair and maintain it in a timely manner, and the relevant owners shall cooperate.

Legal analysis: If the house exceeds the 5-year warranty period, or the waterproofing is not done by the developer, or the waterproof house is damaged during the renovation of the waterproof house done by the developer, or the property is caused by man-made damage, etc., the property can not be held responsible. If the property does not leak water in the house due to the above matters, go to the Property Division of the local Housing Authority and complain about the property's inaction.

Go to court to sue the property for inaction and make the property liable for the damage caused by the water leak in the home. The leakage of the upstairs water pipe, find the upstairs death and do not admit it, first ask the housing quality inspection department to make an appraisal report on the cause of the 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.

When there is a water leakage problem in the house, most of the owners are looking for the property as soon as possible, but many properties refuse it as the developer's problem, which has nothing to do with them, and they can only be responsible for coordination. What should I do at this time? At the time of delivery, there will be a "Residential Quality Assurance Certificate", and the state stipulates the minimum warranty content and duration for some contents, specifically:

Roofing waterproofing for 3 years; Leakage of walls, kitchen and bathroom floors, basements, and pipes for 1 year; The plastering layer of the wall and ceiling falls off for 1 year; Doors and windows are cracked, and hardware parts are damaged for 1 year; Ground hollowing cracking, large-scale sand for 1 year; Blocked pipes for 2 months; heating and cooling systems and equipment: 1 heating period or cooling period; 1 year of sanitary ware; Insight into lamps and electrical appliances for 6 months. The warranty period starts from the date the developer delivers the home to the buyer. When handling the delivery and acceptance of the house, there must be a signature confirmation of the normal use of the facilities and equipment of the house by the buyer.

As long as the house is within the warranty period, you can negotiate with the developer and ask it to repair or even compensate for the loss. If the developer refuses to perform and the two parties fail to reach an agreement on the repair, they can repair it themselves first, and sue the developer for damages after the repair is completed. Legal basis:

Article 40 of the Regulations of the People's Republic of China on the Quality Management of Construction Projects: Leakage prevention of roof waterproofing projects, toilets, rooms and exterior walls with waterproof requirements is 5 years.

If the property is leaking from the house, if it belongs to the scope of services and management of the property management company as agreed in the property management service contract, the property management company shall bear the liability for compensation for maintenance or failure to repair in time; If it does not fall within the scope of services in the property contract, the property management company is not liable.

Article 34 of the Property Management Regulations stipulates that the owners' committee shall enter into a written property management service contract with the property management service enterprise selected by the owners' general meeting.

Article 35 stipulates that property management service enterprises shall provide corresponding services in accordance with the provisions of the property management service contract. Where a property management service enterprise fails to perform the provisions of the property management service contract, resulting in damage to the personal and property safety of the owner, it shall bear the corresponding liability for the legal delay and malpractice in accordance with law.

1. Is the landlord responsible or the tenant responsible for the water leakage in the house?

First of all, it should be clear whose responsibility caused the water leakage, and the responsible person should compensate for the losses caused by the water leakage

1) If it is a water leak caused by the decoration of the house, it will affect the downstairs, and the landlord shall be responsible for the losses caused.

2) Due to the aging of the water pipes and the leakage of loose pipe fittings, the landlord did not replace it in time, and the tenant just moved in and did not know about it. The loss of the downstairs caused by water leakage is the responsibility of the landlord, and the tenant is not responsible.

3) The landlord shall be deemed to be primarily responsible for the loss caused by the tenant finding that the water pipes are aging and the landlord is not replacing them in time, and the tenant shall bear secondary responsibility.

If the tenant forgets to turn off the water pipe, the tenant shall bear full responsibility for the loss of water leakage downstairs.

2. Can I check out of the rented house if there is a water leak?

If the rented house is leaking and you can check out, negotiate with the landlord.

According to Article 500 of the Civil Code, if a party deliberately conceals important facts related to the conclusion of the contract or provides false information in the process of concluding the contract, causing losses to the other party, it shall be liable for damages, but it should be noted that if the seller has clearly informed the buyer of the quality of the house, the seller shall not be liable. If the hidden defects of the house are not caused by the seller in the process of decoration and use, but are inherent in the house itself, if there is no evidence to prove that the seller was aware of it, the seller does not bear the warranty liability for the defects, and the buyer can claim warranty liability or compensation liability from the developer in the capacity of the owner of the house and based on the rights obtained as a result of the transfer of the contract.

Some buyers find that there are hidden quality defects in the house after moving into the house. Request the court to terminate the contract for the sale of the house and demand a refund from the seller. Then, whether the seller's concealment of facts will inevitably lead to the invalidity or termination of the contract needs to be finally confirmed by the court according to the specific circumstances.

In general, the usual criteria for determining the termination of the contract are that one party has breached the contract fundamentally, or the purpose of the sales contract cannot be achieved, and the house is not suitable for habitation at all, so if the statutory conditions for termination are not met or the quality of the house is not enough to threaten the safety of residence, the court will usually rule that the seller is liable for damages for disturbing the beams, rather than moving out.

If the house is within the warranty period stipulated by the relevant laws, the property needs to contact the developer as soon as possible to deal with it, and if the house has passed the warranty period, you need to be responsible for it, and the property company needs to assist. If the property is not disposed of, you can complain to the neighborhood committee or file a lawsuit with the court. As for the question of what to do if the house is leaking, I will answer it for you in detail below.

OneThe house is leaking, and the property does not matter

1. If the house is leaking from the property, if the house is within the warranty period of the first collapse of the relevant laws and regulations, the property needs to contact the developer as soon as possible to deal with it, if the house has passed the warranty period, you need to be responsible for yourself, and the property company needs to assist. If the property is not disposed of, you can complain to the neighborhood committee or file a lawsuit with the court.

2. Legal basis:

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

A) infrastructure engineering, housing construction 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) Electrical pipelines, water supply and drainage pipelines, equipment installation and decoration projects, for 2 years.

The warranty period for other items shall be agreed between the employer and the contractor.

The warranty period of the construction project shall be calculated from the date of acceptance of the completion of the project.

Article 287 of the Civil Code [Protection of the Lawful Rights and Interests of Property Owners] The owner has the right to request that the construction unit, property management service enterprise or other managers and other tenant owners infringe on their lawful rights and interests.

2. Is the property responsible for water leakage?

Identify the cause of the water leak. If it is a water leak caused by damage to a public facility, the property is liable. The property is responsible for the management of the common areas.

If the water leakage is caused by the quality of the house or the third party, the developer and the infringing third party shall bear the relevant legal responsibility, carry out corresponding repairs, and require the other party to bear the corresponding liability for the damage caused to the house-type roundhouse and the loss of property.