If the exterior wall of a well decorated commercial house leaks, is the property liable except for t

Water leakage in the house is a problem with the quality of the house and should be held responsible by the developer. The developer and the property management company are two main entities, the owner, the developer and the property management company are two different legal relationships, the owner and the developer are in a sales contract relationship, and the owner and the property management company are in an entrustment contract relationship.

Some property companies are subordinate companies of the developer, and some property companies are the same person as the legal representative of the developer, but it does not mean that the developer is the property company. If the owner encounters a water leak in the house and repeatedly asks for property repairs but cannot solve the problem, the owner should sue the developer instead of suing the property company.

Handling of water leakage disputes in the house.

1. First of all, it is necessary to find out who is responsible for this management. Utilities shall be the responsibility of the property and shall be paid out of maintenance**; For non-public facilities, it depends on whether they are exclusive or common. If there is no agreement, there is no objection that the exclusive right holder shall be responsible for the management and maintenance of the exclusive part, but there is a dispute over 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, which is mainly reflected in the cost bearing.

2. Developer's responsibility: During the warranty period, if the water leakage is not caused by man-made reasons, the developer shall bear full responsibility.

According to Article 7 of the "Measures for the Quality Warranty of Housing Construction Projects", Article 1 (2) has a roof waterproof project, a bathroom with waterproof requirements, a room and an external wall leakage prevention, which is 5 years, and the installation of electrical pipelines, water supply and drainage pipelines and equipment in paragraph (4) is 2 years, calculated from the date of acceptance of the completion of the project.

3. Fair responsibility: For the house that has passed the warranty period, all parties are not at fault (or there is no evidence to prove their fault), if the waterproof layer is naturally aged, the maintenance cost shall be shared by the parties according to the provisions of Article 132 of the Civil Pass, according to the realization situation, generally half of one person.

4. Responsibility of the property: The water leakage is certainly not caused by the property, but if the property is negligent in management, or the problem is not dealt with in time, resulting in the expansion of losses or more serious problems, then the property should be held responsible.

The former, such as the blockage of the pipe, although it is not the property to do it, but according to the property management contract and relevant regulations, the property company should regularly inspect and clean up, if it is not done, then you can find the property to claim compensation for losses.

The property also has related responsibilities, because the leakage of the external wall of the house is a related construction quality problem, and the property should also ensure the safety and quality of the house before handing over the house to the owner.

Of course, the property is responsible, because the property is the management of the entire community, and if there is a problem with the house, the first thing to look for is the property.

The developer is responsible, and the property is certainly responsible. The owner can go to the property management to find an explanation.

According to the provisions of Article 40 of the Regulations on the Quality Management of Construction Projects: under normal use conditions, the minimum warranty period of the construction project is: (1) the reasonable service life of the project specified in the design documents for the foundation engineering and the main structure engineering of infrastructure engineering, housing construction; (2) The leakage prevention of roof waterproofing works, toilets, rooms and external walls with waterproof requirements shall be 5 years.

The warranty period of the construction project shall be calculated from the date of acceptance of the completion of the project. Don't know about this, right? View the original post

The basic principle of the division of responsibility for a leak in the house is: who causes it, who is responsible. Specifically, there are some situations as follows:

1. Top roof.

If the house is within the warranty period (the roof water quality guarantee is five years), the developer shall instruct the building construction unit to repair it; If the warranty period is exceeded, the property shall apply for the use of special public maintenance funds for housing maintenance; If there is no managed property, all owners of the building shall be jointly responsible for maintenance.

2. If there is a leak in the pipes of the indoor public parts (such as the leakage of the main water pipes in the public), the division of responsibilities is the same as that in Article 1 above; If there is damage and leakage of water pipes and equipment in non-public areas, resulting in water leakage, the responsibility lies with the upstairs neighbor.

3. If the door and window are damaged and leakage, if it is within the warranty period, it shall be borne by the door and window installation and construction party, and the owner shall bear it beyond the warranty period.

Where it is presumed that the actor is at fault in accordance with the provisions of law, and he cannot prove that he is not at fault, he shall bear tort liability. Article 1166:Where the actor causes harm to the civil rights and interests of others, regardless of whether the actor is at fault or not, and the law provides that they shall bear tort liability, follow those provisions.

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The leakage of water from the upstairs of the hardcover room to the bottom may be the responsibility of the property or the owner of the upstairs, depending on what the orange judgment is leaking, if the water pipe of the whole building arranged by the property is leaking, then the property needs to be responsible; If there is a problem with the sewer pipe upstairs, it belongs to the upstairs residents who use it independently, and the upstairs owner is responsible for eliminating the town.

Legal analysis: If it is not the man-made water leakage downstairs, it is the responsibility of the upstairs, and the upstairs hand pats the responsibility to repair the water to the downstairs and compensate the corresponding losses downstairs. When the two parties do not agree through coordination, they may go to the court to file a civil lawsuit for damages, and the court will evaluate the extent of the damage and make a judgment.

If it is found that the water leak is caused by a neighbor, you can ask the other party to restore the original state, and if you can't restore the original state, you can ask for compensation for the loss.

Legal basis: Article 1165 of the "Code of the People's Republic of China" Where the perpetrator infringes upon the civil rights and interests of others and causes harm due to his fault, he shall bear tort liability. Where it is presumed that the actor is at fault in accordance with the provisions of law, and he cannot prove that he is not at fault, he shall bear tort liability.

Article 1166:Where the actor causes harm to the civil rights and interests of others, regardless of whether the actor is at fault or not, and the law provides that they shall bear tort liability, follow those provisions.

Hello dear, the leakage of the exterior wall of the high-rise building is within the warranty period of the house, and the maintenance responsibility and cost are borne by the developer, at this time, the property has the obligation to assist in the maintenance and notify the developer to repair. If the house has been used for less than 5 years, that is, it is still under warranty, and there is a leak in the exterior wall or a crack in the roof of the respondent, there is no need to repair it by the owner of the property or Okieda, because this is the responsibility of the developer. Of course, the water leakage and other repairs that the developer is responsible for are mainly caused by natural factors and material factors, and they also need to be judged by the quality inspection of the house.

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 of the waterproofing of the renovated house delivered by the developer.

Legal basis: Article 35 of the "Property Management Regulations" 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 legal responsibility in accordance with law.

Division of responsibility for water leakage in the house: The responsibility of the developer is within the warranty period, and if the water leakage is not caused by human reasons, the developer shall bear full responsibility. The property is not responsible for the leakage of the property, but if the property is negligent in its management, or if the problem is not dealt with in a timely manner, resulting in an increase in damage or a more serious problem, then the property is liable.

Legal basis] Article 92 of the Property Law, if the owner of the immovable property uses the 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 Property Law will expire on December 31, 2020).

Article 296 of the Civil Code: Where the owner of immovable property rights uses adjacent immovable property for the purposes of water use, drainage, passage, laying pipelines, etc., it shall try its best to avoid causing damage to the adjacent immovable property rights holders. (The Civil Code will come into force on January 1, 2021).

If the well-decorated house is leaking, if it is a newly purchased house, the developer will be responsible for repairing it during the warranty period and bear the costs and losses; If it is not a newly purchased house, the owner will renovate it, and the owner will find the decoration company to solve it according to the decoration contract. If the above reasons are ruled out, the problem is caused by the owner's use, and the owner should bear the responsibility and expense, and the property can help to repair it.

Fine decoration leakage can sue the developer. As the builder of the house, the builder of the house needs to ensure the quality of the house, and the interior decoration damage caused by the quality of the house during the warranty period needs to bear the corresponding liability for compensation. In accordance with the relevant provisions, if the quality of the house seriously affects the normal residential use, and the buyer's request for termination of the contract and compensation for losses shall be supported.

Article 33 of the Administrative Measures for the Sales of Commodity Housing Real estate development enterprises shall bear the responsibility for the quality warranty of the commercial houses sold. The parties shall make an agreement on the scope of the warranty, the warranty period, the warranty liability, etc. in the contract. The warranty period is calculated from the date of delivery.

The warranty period of the commercial residence shall not be less than the duration of the warranty period agreed in the quality warranty issued by the construction contractor to the construction unit; If the duration is less than the minimum warranty period determined in the "Provisions", the warranty period shall not be guessed to be lower than the minimum warranty period determined in the "Provisions". The warranty period of non-residential commercial housing shall not be lower than the duration of the warranty period stipulated in the quality warranty issued by the construction project contractor to the construction unit. If the quality problems that occur within the warranty period and fall within the scope of the warranty, the real estate development enterprise shall fulfill the warranty obligation and bear the liability for compensation for the losses caused.

The real estate development enterprise shall not be liable for the damage caused by force majeure or improper use.

Summary. If the newly decorated house leaks, the person responsible should be found according to the cause of the water leakage, and the person responsible should be compensated. If the water leakage is caused by the quality of the decoration, the decorator is responsible for the maintenance and compensation, and if the water leakage is caused by the neighbor's decoration, the neighbor or the company that bears the decoration for the neighbor needs to compensate.

Who is responsible for the leakage of a well-decorated new house and how to deal with it.

Hello. If the newly decorated house leaks, the person responsible should be found according to the cause of the water leakage, and the person responsible should be compensated. If the water leakage is caused by the quality of the decoration, the decorator is responsible for the maintenance and compensation, and if the water leakage is caused by the neighbor's decoration, the neighbor or the company that bears the decoration for the neighbor needs to compensate.

I bought the 6th floor of the company's welfare finely decorated house in 12 years, and moved in in 18 years. Bathrooms, plumbing, water, electricity, floors, and walls are not moving. Now the bathroom is leaking to the 5th floor resident's house.

I went to check and there were signs of chisel on the top of the neighbor's bathroom. The company explained that it was waterproofing, but I had never heard of waterproofing on top of the bathroom. Who is responsible for this water leak?

If it's waterproof, it won't leak.

Neighbor's house it made waterproof not.

They are all finely decorated, and they have not touched the bathroom.

It was my house that leaked water to his house.

Then your bathroom is not waterproofed.

I haven't touched it, it's finely decorated, and the company has done waterproofing.

Then it may not do a good job of waterproofing.

Who is responsible for this.

Liability of the Company.

The company has said that the expiration date, is this established?

Not true.