How to compensate for water leakage upstairs, how to compensate for water leakage upstairs

Here's how to make a claim:

1. Find the upstairs owner: If the upstairs owner does cause the downstairs residents to "receive water" due to decoration or laying water pipes, the upstairs residents should find the cause of the water leakage and repair it in time, and should also be liable for the damage caused to the downstairs residents by their misconduct.

2. Find a developer: When the house is still under warranty and you are sure that it is not man-made, whether it is the damaged owner or the upstairs neighbor owner, you should let the developer repair it in time. When the developer sends someone to repair the water leakage problem or the maintenance is not in place according to the owner's requirements, after repeated twice, the owner can find someone to repair it by himself, and the cost will be paid by the developer.

When the developer ignores it, the damaged owner can file a complaint with the local quality supervision department, or sue the developer to the court.

1. How to compensate for water leakage upstairs.

1. There are two ways to compensate for the water leakage on the upper floor

1) If the two parties negotiate privately, the amount of compensation can be negotiated by both parties;

2) If the negotiation fails, you can file a lawsuit to ask for compensation, and you need to find a professional appraisal agency to give appraisal on the amount of loss, and apply to the court to entrust an appraisal agency after the lawsuit, remember not to unilaterally entrust an appraisal agency yourself.

2. Legal basis: Article 1165 of the Civil 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.

Second, is the property pipe leaking upstairs in the community?

Water leakage caused by public parts such as public pipes and exterior walls upstairs, the property is responsible for maintenance management. If the water leakage is caused by improper use by the upstairs owner, or the water pipes and waterproof layer leakage in the upstairs owner's home, then the upstairs owner is obliged to repair it. If the leakage is caused by non-human reasons but the house is still under warranty, the developer is responsible for repairing it.

3. What is the main responsibility of community property management?

The property management of the community is mainly responsible for the maintenance and repair management of the house, to ensure that the house and equipment are used in a normal state with the maintenance and management of the house and equipment, and through scientific and correct use, extend the service life, reduce the natural elimination, give full play to the utility of the house and equipment, and safeguard the legitimate rights and interests of the property owner and user.

There is no specific standard for general compensation for upstairs water leakage, and the party who suffers the loss needs to list the lost items and then submit them to the relevant agencies for assessment before the compensation is executed. The situation of water leakage is generally more complicated, the injured party should first protect the scene, and then collect evidence, such as taking photos, videos or audio recordings, etc., and then find out who is responsible for the water leakage.

Legal basis: Article 290 of the Civil Code stipulates that the owner of immovable property rights shall provide necessary facilities for the use of water and drainage by adjacent rights holders. 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. Article 291 stipulates that the owner of immovable property shall provide necessary facilitation to the adjacent right holder if it is necessary to use its land for passage, etc. Article 292 stipulates that if the owner of immovable property has to use adjacent land or buildings for the purpose of constructing or repairing buildings or laying wires, cables, water pipes, heating and gas pipelines, etc., the owner of the land or buildings shall provide necessary facilities.

How to compensate for water leakage upstairs?

It may be difficult to claim compensation because it cannot be caused by the owner. It can only be caused by the failure of the building waterproofing or the damage of the waterway.

If there is no one upstairs, you should ask the water management department to close the water pipe valve immediately.

You look at how big the loss is at home, if it is not particularly large, it may not be able to be investigated, after all, you can meet sooner or later when you go up and down the stairs.

How much will you be compensated for the impact of a water leak upstairs on your home? The upstairs neighbors came down and the two of them discussed together, and the specific amount of compensation depends on the degree of wear and tear of the walls and floors.

If the two parties cannot resolve this situation through negotiation, then they can directly go to the court to resolve it, and this is the final judgment.

The loss caused by the water leakage upstairs can be solved through negotiation between the two parties, and if the two parties cannot solve the problem through negotiation, they can find a third party who can be trusted by both parties to help decide. If it is still decided, it will only be decided through a lawsuit filed in court.

If the upstairs house leaks water and leaks to your home, causing certain economic losses, you can negotiate with the upstairs to find out the specific cause, and the upstairs head of the household should compensate for some economic losses.

The two parties negotiate the matter. Determine the reasonable amount of compensation based on the actual losses and impacts caused. After all, it's a close neighbor, don't hurt the harmony.

I think the two families can negotiate a settlement, and if they really can't solve it, ask a lawyer to sue him to go to law, and the court will give a verdict.

If it is the upstairs reason, then you negotiate and settle it according to the loss, and the negotiation is not successful and sue through the court.

Negotiate to settle the compensation problem, or let the upstairs repair it for you, it is really not a legal route.

Legal Analysis: Case-by-case analysis. There is no uniform standard for compensation for water leakage upstairs.

If the loss is caused by water leakage upstairs, the responsible party shall be responsible for compensation. The specific compensation content mainly includes: 1. The repair cost required to repair the water leakage.

2. Loss of other property caused by water leakage. The amount of property loss may be determined by negotiation between the two parties, or if the negotiation fails, it may also be determined by entrusting a third-party appraisal agency to conduct an appraisal. The owner's renovation and waterproofing work is improper, causing water leakage in the neighbor's house.

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.

Legal basis: "Property Management Regulations" Article 53 If the owner needs to decorate and decorate the house, he shall inform the property management service enterprise in advance.

Legal analysis: The ways to deal with water leakage disputes in the house are: a third party can be invited to mediate, such as the police, neighbors, property, etc.; You can claim directly from the head of the upstairs and downstairs; Relevant evidence can be collected and organized.

Legal basis: Civil Code of the People's Republic of China

Article 295: Owners of immovable property rights shall not endanger the safety of adjacent immovable property by excavating land, constructing buildings, laying pipelines, installing equipment, etc.

Article 296:Where the owner of immovable property rights uses adjacent immovable property for the purposes of water, drainage, passage, laying pipelines, etc., it shall try to avoid causing harm to the adjacent immovable property rights holders.

1. If the house leaks due to the quality of the house itself, and the house is still within the warranty period, the developer will bear the responsibility for the collapse.

2. If the house leaks due to the improper behavior of the adjacent residents (such as: improper water use, remodeling of pipes, improper decoration, etc.), the adjacent owners shall be liable.

3. If the house leaks due to disrepair, the infringed party may need to bear the responsibility.

4. If Chang Yinjing is a public utility or public pipeline that causes water leakage in the infringed party's house, within the warranty period, the developer shall bear the responsibility, and if the warranty period expires, special maintenance funds can be obtained to repair it.

5. If the cause of the water leakage cannot be determined, you can apply to the court to entrust a special agency to conduct an appraisal.

6. After clarifying the responsible person, the infringed party may bring relevant evidence to the responsible person for compensation. Compensation covers both the cost of repairs to the house itself and other damages caused by water leaks.

7. For the problem of water leakage, first of all, the cause of water leakage and the person responsible for the water leakage should be determined by the housing quality inspection department, and if it is a quality problem of the house itself, the property can be repaired. If it is caused by a neighbor, the other party can be asked to restore the original state, and if it cannot be restored, it can be claimed for damages. If the other party refuses to pay compensation, it may sue, but it is recommended to negotiate a settlement.

Liability for water leakage upstairs, the circumstances are as follows:

1. If there is a quality problem with the waterproofing of the renovated house delivered by the developer

1) If there is a water leak in the renovated house delivered by the developer, you should inform the upstairs and immediately contact the property management company;

2) The property will come forward for the developer to carry out the repairs in accordance with the warranty agreement. If the warranty period has expired, the property should be asked to order the owner of the upstairs to repair the slag by himself;

2. If the waterproof treatment is unqualified during the upstairs decoration:

1) When the upstairs is a rough house decorated by itself, the upstairs neighbors should be informed first, and the upstairs should be asked to deal with it as soon as possible in a friendly and negotiated manner;

2) If the neighbor does not cooperate, you can contact the property management company, and they will be responsible for communicating with the upstairs owner. If the owner of the upstairs refuses to cooperate with the property, he should take a picture of the evidence, such as **, **, etc., and can respond to the situation through the owners' committee and the community police.

Legal basis: Article 51 of the Property Management Regulations.

Units such as water supply, power supply, gas supply, heat supply, communications, and cable television shall bear the responsibility for the repair and maintenance of relevant pipelines and facilities and equipment in the property management area in accordance with law.

Where the units provided for in the preceding paragraph temporarily occupy or excavate roads or sites due to the need for repairs or maintenance, they shall promptly restore them to their original state.

Article 52.

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.