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If there is no renovation on the upper floor, it is precisely that the waterproofing layer made by the developer in the bathroom has not been damaged. You should report to the property and ask the property to contact the developer for repairs.
If the upstairs has been renovated, the upstairs should be responsible for the repair, and the property should be responsible for coordination. If the upstairs is not repaired, the legal society, go to sue him, and the property should testify.
Listening to what you said above, it should belong to the latter.
In addition, if the upstairs is not convinced, saying that his anti-layer is no problem, just take the trouble and do a water soak test in the upstairs bathroom: block the bathroom outlet, soak the bathroom floor with water (just cover the entire ground), soak for 24 hours (generally speaking, 12 hours will be the result).If your home is leaking, it means that the waterproofing layer upstairs is not ready.
Upstairs to be repaired.
Generally speaking, when the regular decoration company decorates the house, it is necessary to do waterproofing of the bathroom, and do the water soaking test before pasting the tiles. According to your statement above, the renovation company did not fulfill its responsibilities. You should find an upstairs owner to repair it.
Of course, if the upstairs is looking for a regular renovation company, the upstairs owner can also go to the renovation company.
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The upstairs is responsible for repairs, and he has to compensate for your losses.
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Go straight to the property, then jump on their desks and give them a stinking scold! Finally your problem is solved!
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In a situation like yours, you should find the property to coordinate and pay for it from the upstairs.
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Looking for a property, regardless of the leakage, it should be coordinated by them. If you don't care about the property, then go straight to the street.
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You should look for the upstairs, because, it's the upstairs because the renovation has destroyed the waterproof layer.
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1. The floor heating upstairs is leaking, and who is responsible for the roof downstairs.
1. The compensation for running upstairs and flooding downstairs is:
1) Claim compensation from the upstairs tenant first, and if there is sufficient and sufficient evidence to prove that it is the developer's cause, the developer will compensate;
2) If the developer and the upstairs tenant pass the buck to each other, they can negotiate with the upstairs tenant according to the estimated amount of losses suffered, and if the negotiation fails, the two parties should file a lawsuit to determine the attribution of responsibility and make up for the losses suffered.
2. Legal basis: Article 1182 of the Civil Code of the People's Republic of China.
Where property losses are caused by infringement of the personal rights and interests of others, compensation shall be made in accordance with the losses suffered by the infringed party or the benefits obtained by the infringer as a result; Where it is difficult to determine the losses suffered by the infringed party and the benefits obtained by the infringer as a result, and the infringed party and the infringer disagree on the amount of compensation and file a lawsuit with the people's court, the people's court shall determine the amount of compensation based on the actual circumstances.
2. What is the compensation for the leakage of water upstairs and flooding downstairs.
1. Claim compensation from the residents upstairs first, but if there is sufficient evidence to prove that the water leakage is caused by the developer, the developer will compensate;
2. If the developer and the upstairs residents pass the buck to each other, they can negotiate with the upstairs residents according to the extent of the loss. where negotiation fails, a lawsuit shall be filed to determine the attribution of responsibility and make up for the losses;
3. If the parties do not fulfill the court judgment, the damaged personnel can request the construction team to repair from the downstairs, and the expenses incurred can be compensated by the upstairs owner from the court.
According to the relevant laws and regulations, the owner of the immovable property shall provide necessary facilities for the use of water and drainage by the adjacent right holder. The use of natural flowing water shall be reasonably distributed among the adjacent rights holders of the immovable property. The discharge of natural flowing water shall respect the natural flow direction.
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Legal analysis: First, if it is identified that the water leakage is caused by the quality of the house not meeting the national standards, during the warranty period, the damaged owner can request the developer to repair the water leakage of the house and compensate the owner for the losses caused thereby. The construction unit shall, in accordance with the warranty period and warranty scope stipulated by the state, bear the warranty responsibility of the property.
Under normal use conditions, the leakage prevention warranty period of toilets, kitchens and exterior walls with waterproof requirements shall not be less than 8 years. Second, if the upstairs owner does cause the downstairs owner to leak water due to renovation or laying of water pipes, the upstairs residents should find out the cause of the water leakage and repair it in a timely manner, and should also be liable for the damage caused to the downstairs residents by their misconduct. Third, if water leakage is caused by the natural aging of the waterproof materials of the house, the owners of the upstairs and downstairs should jointly bear the maintenance responsibility of the common part.
Legal basis: Article 285 of the Civil Code of the People's Republic of China Property management service enterprises or other managers shall manage the buildings and their ancillary facilities in the building zoning in accordance with the provisions of Part III of this Law on property management service contracts in accordance with the entrustment of the owners, accept the supervision of the owners, and promptly reply to the owners' inquiries about the property management services. Property service enterprises or other managers shall implement emergency response measures and other management measures implemented in accordance with the law, and actively cooperate with relevant work.
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Hello, who should be found to solve the problem of water leakage on the top floor of the house: 1. For commercial housing, the warranty period of the waterproof layer on the roof is 5 years, therefore, if the top floor of the purchased building leaks during the waterproof warranty period, it is the responsibility of the developer, and the developer is obliged to repair it free of charge, and must contact the developer as soon as possible to ask them to repair it immediately to prevent the developer from delaying beyond the warranty period and causing them to bear the maintenance costs. 2. If it is a welfare house or a self-built house with property rights belonging to the unit, and there is a water leak, find the logistics department of the unit or the department responsible for housing management and welfare to apply for maintenance; Some units are inefficient, and if they can't wait for logistical maintenance, they can apply to the logistical department for their own advance funds to hire someone to repair it, and then go through the formalities to reimburse it at the logistics department, while the logistics department will go to the unit's financial department for reimbursement.
3. If the roof leaks during the warranty period, and the developer does not fulfill its obligations, then complain to the Consumer Association, the housing and construction department and the quality supervision department. 4. For commercial housing, if the roof leakage is caused by man-made damage, even within the warranty period, the developer has no obligation to give free repairs, even if they are willing to pay, and the developer often will not give maintenance. 5. In such a case, the only way to find the vandal to provide maintenance services, or to provide maintenance by the property and let the vandal bear the maintenance costs, the specific maintenance services and costs can be decided with the vandal, if the other party refuses to compensate for the loss, take the judicial route.
If the vandals are not found, only the owners of the entire building will have to share the cost of repairs.
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Hello, if there is a leak on the roof downstairs, the property will generally check the tap of the tap water, and whether there is a leak in the tap water pipe, generally the upstairs tap water pipe, or the tap water tap leakage, will cause the roof leakage downstairs.
If there is a leak in the public pipes, the property is responsible, and if it is a leak in the pipes of the upstairs owner's house, the upstairs owner is responsible.
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Legal analysis: There are two reasons for water leakage, one is that the waterproof treatment of the upstairs decoration is unqualified, and the other is the quality problem of waterproofing the renovated house delivered by the developer. When the upstairs is a rough house self-decoration, you should first inform the upstairs neighbors, in a friendly negotiation attitude to ask the upstairs to deal with it as soon as possible, if the neighbors do not cooperate, you can contact the property management company, which is responsible for communicating with the upstairs owner.
If there is a water leak in the renovated house delivered by the developer, the upstairs should be notified, and the property management company should be contacted immediately, and the Yinguan Property will come forward to let the developer repair it in accordance with the warranty agreement. If the warranty period has expired, the property should be asked to order the upstairs owner to repair it by himself.
Legal basis: Civil Code of the People's Republic of China
Article 288 The adjacent rights holder of immovable property shall correctly handle the adjacent relationship in accordance with the principles of conducive to production, convenience of life, solidarity and mutual assistance, fairness and reasonableness.
Article 289: Where laws or regulations have provisions on the handling of adjacent relationships, where the laws or regulations do not have provisions in accordance with those provisions, local customs may be followed.
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Legal Analysis: Responsibility, but specific analysis. 1. If the house has just been delivered and is still within the developer's warranty period, the developer is responsible for this responsibility.
If the warranty period has expired, or the owner has carried out renovation after the developer has delivered the service, then this responsibility is generally borne by the owner of the upper floor. If the property is rented, the tenant can ask the landlord to repair it. 2. China's laws stipulate that the adjacent parties to immovable property shall correctly handle the adjacent relationship in accordance with the principles of conducive to production, convenient life, solidarity and mutual assistance, fairness and reasonableness.
Where obstruction or loss is caused to adjacent parties, the infringement shall be stopped, the obstruction shall be removed, and the losses shall be compensated.
Legal basis: Civil Code of the People's Republic of China
Article 286: Owners shall abide by laws, regulations, and management regulations, and their relevant actions shall comply with the requirements of conserving resources and protecting 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 the owners of the hosiery stool 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 damage and loss in accordance with the law, regulations and management regulations for acts that harm the legitimate 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, refusing to pay property fees, etc.
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.
Article 287: Owners have the right to request that construction units, property management service enterprises or other managers, as well as other property owners, bear civil liability for their infringement of their lawful rights and interests.
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