The upstairs renovation knocked the downstairs house cracks, how to compensate

The upstairs decoration knocks the downstairs house cracks, first of all, you can ask for compensation upstairs, and secondly, how much compensation is reasonable generally needs to be decided according to the situation. According to the relevant provisions of the relevant laws and regulations and their judicial interpretations, because the upstairs decoration knocks the downstairs house cracks, there is no fixed formula for the general compensation standard, so the party that suffers the loss needs to keep the evidence collected on the spot and list the lost items, and finally submit it to the relevant agency for evaluation before it can be implemented.

Legal analysis

Lost time pay is determined based on the victim's lost time and income. 3. Nursing fee: The nursing fee is determined according to the income status of the nursing staff, the number of nursing personnel, and the nursing period.

4. Transportation expenses: Transportation expenses are calculated based on the actual expenses incurred by the victim and his or her necessary escorts for medical treatment or hospital transfer. 5. Hospitalization meal subsidy:

The hospital meal subsidy may be determined with reference to the business trip meal subsidy standard for general staff of local state organs. 6. Nutrition expenses: Nutrition expenses are determined according to the victim's disability with reference to the opinions of medical institutions.

7. Disability compensation: Disability compensation shall be calculated for 20 years from the date of determination of disability according to the degree of the victim's loss of ability to work or the level of disability, and in accordance with the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year at the location of the court where the lawsuit is filed. However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; Those over the age of 75 are counted as five years.

Legal basis

Article 1184 of the Civil Code of the People's Republic of China Where the property of others is infringed upon, the property losses shall be calculated in accordance with the market or other reasonable methods at the time of the loss.

Article 289:Where laws and regulations have provisions on the handling of adjacent relationships, follow those provisions; Where laws and regulations have no provisions, local customs may be followed.

First determine what the specific cause of the ceiling cracking is, and you need to go to the house next door on the same floor to see if there is a similar cracking phenomenon.

If it is really caused by improper construction upstairs, then the next door home will inevitably be affected. Once the cause has been determined, it can be dealt with.

First find the property company to explain the situation, stop the decoration construction upstairs in time, negotiate specific solutions, repair the cracking problem, and make certain compensation to the downstairs users. If the negotiation fails, the downstairs user can choose a legal route to apply for the upstairs user to compensate for their own losses. Be sure to keep relevant evidence.

If the upstairs renovation knocks a crack in the downstairs house, the upstairs owner bears the liability for infringement, and the downstairs owner may have the right to request the infringer to bear civil liabilities such as stopping the infringement, removing obstacles, eliminating dangers, returning property, restoring to its original state, repairing, reworking, replacing, compensating for losses, and apologizing.

The house can be appraised, and according to the appraisal results, the corresponding property will be returned, and reasonable compensation can be made according to the market.

After the damage has occurred, the parties may negotiate the payment method of compensation costs.

where the negotiation is inconsistent, the compensation fee shall be paid in a lump sum; If it is truly difficult to make a lump sum payment, it may be paid in installments, but the infringed party has the right to request the provision of corresponding guarantees.

Article 1166 of the Civil Code of the People's Republic of China.

Where the actor causes harm to the civil rights and interests of others, regardless of whether the actor is at fault, and the law provides that they shall bear tort liability, follow those provisions.

Article 1167:Where the tortious conduct endangers the safety of others' persons or property, the infringed party has the right to request that the infringer bear tortious liability such as stopping the infringement, removing obstructions, or eliminating dangers.

Article 1184: Where the property of others is infringed upon, the property losses are to be calculated in accordance with the market or other reasonable methods at the time the losses occurred.

Article 1187:After the damage has occurred, the parties may negotiate the method of payment of compensation costs.

where the negotiation is inconsistent, the compensation fee shall be paid in a lump sum; If it is truly difficult to make a lump sum payment, it may be paid in installments, but the infringed party has the right to request the provision of corresponding guarantees.

As for the compensation for cracks in the upstairs decoration and downstairs, in the "Administrative Measures for Residential Interior Decoration and Decoration", the decorator shall be responsible for repairing and compensating for the damage of adjacent residences caused by residential interior decoration activities; If it is the responsibility of the decoration enterprise, the decorator can recover from the decoration enterprise.

Legal basis

Article 33 of the Administrative Measures for Residential Interior Decoration and Decoration shall be responsible for repairing and compensating for the blockage, water leakage, water and power outages, and damage to articles of adjacent residences caused by residential interior decoration and decoration activities; If it is the responsibility of the decoration enterprise, the decorator can recover from the decoration enterprise. If the decorator dismantles and alters the heating and gas pipelines and facilities without authorization, and causes losses, the decorator shall be responsible for compensation.

According to the provisions of the relevant laws of our country, if the property of the state, the collective or the property of others is embezzled, Xiao Pei should return the property, and if the property cannot be returned, it shall be compensated at a discount. Where the property of the State, the collective, or the property of others is damaged, it shall be restored to its original state or compensated at a discounted price.

We know that the house must be renovated before moving in, in the decoration process will inevitably affect the neighborhood, sometimes the decoration time relationship will also be affected, and sometimes the decoration operation is not standardized, which may lead to wall damage. Let's introduce to you how to compensate for the cracks in the upstairs decoration downstairs.

1. The first thing is to determine the cause of the crack. You can go to the next house first, if it is caused by construction, then there will be no such problem on the same floor, only cracks will appear in the home, and you can also go to other floors to see, after determining the reason, you must first go to the property company, and then negotiate specifically.

2. After finding a property company, you can negotiate with the upstairs to stop the decoration at this time. The issue of compensation is best resolved through negotiation, which is quick and economical, and most importantly, does not hurt peace. If the negotiation fails, then you have to go through legal procedures, and the specific amount of compensation is also in accordance with the relevant provisions of civil law, so you can also compensate according to the amount of losses you have suffered.

Remember to keep all kinds of evidence so that it is easy to present in court in the future.

3. If the renovation of the house in the boring section of the building causes cracks in the houses of the residents downstairs, then in this case it is a requirement of the general principles of the civil law, and the residents downstairs can ask the decoration party to compensate or repair the cracked walls.

4. In accordance with the General Principles of the Civil Law of the People's Republic of China

Article 83 It is necessary to know that the adjacent parties to the immovable property should also correctly handle the adjacency of water interception, drainage, passage, ventilation, lighting, etc., in accordance with the principle of conducive production, convenience of life, and preferably solidarity and mutual assistance, and at the same time in a fair and reasonable spirit. If it is causing obstruction or damage to the neighboring party, in this case, the infringement shall be stopped, the obstruction shall be removed, and the other party shall be compensated for the loss.