Who will compensate for the damage suffered after the sewer is repatriated?

Our building, due to design problems, construction problems, use problems, maintenance problems, neighborhood problems, sewers often return water, and there is no good way to solve it, so it has become a big problem. Who will compensate for the damage suffered after the sewer is repatriated?

<>According to professionals, upstairs put the leftovers in lard.

Vegetable oil, etc., is discharged into the sewer pipe, and when the temperature drops, it condenses into lumps and causes clogging. Alas, I live on the first floor now, and every year I dredge the drains, and every time I dredge there are things that can't be decomposed, and I never let the upstairs pay for them, and I have told everyone upstairs that don't put everything in the sewers, it's useless. Because the water from the sewer flooded the whole house will definitely infiltrate your home and cause your property damage, the residents on the third floor and above should pay you compensation.

On the contrary, if you can do things according to the regulations and obtain a compliance certificate from the property or relevant departments to show sewer alterations, even if the other party sues for compensation, there is no way to grasp it, and it is naturally difficult to win the lawsuit.

If there is a backlash on the third floor, the residents on the third floor should not just ask your family to compensate, because everyone shares a sewer pipe, and if there is a blockage, it should be shared by all the residents except the first floor. It is recommended that each house is independently sewered, and the sewer is located by the wall and window, or is located in the underground pipeline of the corridor, and the province has a problem with the ground of the residents on the first floor, and the provincial sewer goes indoors, and it is convenient to maintain the indoor ground of the residents on the first floor, so as to avoid a lot of troubles and disputes.

If the blockage point cannot be determined, the dredging cost and indoor loss shall be shared by the housing above the lowest return layer; If the branch pipes of each household are improperly used and blocked, the maintenance costs and damage shall be borne by the household; There are already losses! It's better to let the authoritative department test before drawing conclusions! It is also possible to solve the problem through judicial channels!

Since it is a unit, the neighbors can sit down and talk about how much it costs to change the main pipeline, find two more masters, ask **, and then choose a reliable one for him to change, and then everyone will share the cost of the cost, so that it will be better.

The sewer is divided into the main pipeline and the sub-pipe, if the main pipeline is blocked and the water is reversed, the property will be compensated, and if the sub-pipe is blocked and the water is reversed, the owner will be liable.

Find the property first, find out whose cause is the sewage blocked, if you can find the source, then his family is responsible, if you can't find it, you can only find someone to repair it.

It should be the responsibility of the property because these are the responsibilities of the property and they should take care of these well.

Legal Analysis: This is possible. 1. You are renting the landlord's house, because the landlord provides you with the house rebate, legally you should find the landlord to accompany you.

2. The landlord should seek compensation from the property because the property did not dredge the sewer pipe in time and caused losses. 3. Regardless of the replacement of the old and the new, the property management company shall assume the responsibility for management and maintenance as long as the new property management company takes over (unless otherwise agreed in the contract, if the contract states that it will not bear the problem left over from the previous property management). Therefore, the landlord can seek compensation from the property management.

4. The property management company may refuse to compensate you or your landlord on the grounds that you or your landlord have not paid the property fee. 5. If you agree in the contract with the landlord that the property fee shall be paid by you on time, and bear the responsibility arising from the on-time payment, the property management company will compensate appropriately, and the landlord will appropriately reduce or reduce the rent.

6. The payment of the property fee is not clear in the contract between you and the landlord. You seek compensation from the landlord, and the landlord pays the relevant fees and recovers the fees he paid to you from the property management company.

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

Article 255:The lawful civil rights and interests of citizens and legal persons are protected by law, and must not be infringed upon by any organization or individual.

Article 283: The adjacent parties to immovable property shall, in accordance with the spirit of conducive to production, convenience of life, solidarity and mutual assistance, fairness and reasonableness, correctly handle the adjacent relationships in areas such as water interception, drainage, passage, ventilation, and lighting. Where obstructions or losses are caused to neighboring parties, the infringement shall be stopped, the obstruction removed, and the losses compensated.

Article 306:Where citizens or legal persons violate contracts or fail to perform other obligations, they shall bear civil liability. Citizens or legal persons who infringe upon the property of the state or the collective, or infringe upon the property or person of others, shall bear civil liability if they infringe upon the property or person of others.

It should be the responsibility of the renovation company. Because the renovation company did not put the sewer pipes in place, it should be held responsible.

Answer: If you can identify the specific owner of the sewer blockage, you can ask the owner to be liable; If the responsible person is not clear, according to the principle of fairness and the principle of joint infringement, all owners and property management companies who use the sewer can be required to bear joint responsibility, and if the negotiation fails, they can file a lawsuit in court. Moreover, the actual infringer should be found before the lawsuit can be sought, whether it is because of the blockage caused by the renovation of the owner of the upstairs and the cause of the blockage, which should be confirmed by the corresponding evidence in order to better safeguard the legitimate rights and interests. Residents are polluting the community environment by doing so, and if they encounter a blockage of sewers, they can report to the property for repair.

If the diversion affects the upstairs residents, the downstairs should change the sewer back to its original location and cooperate with the property to renovate the sewer.

Sewer backwater, generally the property is responsible, the property charges so much property fees, these are within their scope of responsibility.

As the property management unit of the community involved in the case, the property company has the obligation to repair and maintain the operation of common facilities and equipment such as drainage and maintain the normal operation of the drainage system", whether it is the first person or the court to determine the facts, it is necessary to clarify the service standards of the property management company, in other words, to determine the scope of the property company's obligations, so as to correspond to the responsibility of the property management company.

Legal Analysis: Compensation can be claimed for backwater in the sewer of the house. The sewer pipes of residential buildings are generally divided into main pipes and branch pipes, and the main pipeline runs through the entire building, which is the drainage pipe through which all the waste water discharged by the owners must flow, which is the common part of the owners and belongs to the scope of property management; The sewer branch pipe is a drainage pipe that connects the main sewer pipe and the drainage outlet in the house, which is the exclusive part of the owner and is not within the scope of property management.

In this case, after on-site investigation, it was confirmed that the blockage point was located in the sewer main pipe of the common part, so it was within the scope of property management. According to the Property Management Service Agreement signed between Mr. Zhang and the property management company, the property management company has the obligation to maintain and manage the sewer main pipeline on a daily basis, and to keep the relevant pipes unblocked.

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

Article 942: Property service providers shall, in accordance with the agreement and the nature of the use of the property, properly repair, maintain, clean, afforest, and manage the common parts of the property management service area, maintain the basic order in the property management service area, and take reasonable measures to protect the personal and property safety of the property owners.

For violations of laws and regulations related to public security, environmental protection, fire protection and other laws and regulations in the property management service area, the property service provider shall promptly take reasonable measures to stop it, report to the relevant administrative department and assist in handling it.

Article 943: Property service providers shall regularly disclose to the owners the matters of service, the persons in charge, the quality requirements, the items to be charged, the standards for fees, the performance conditions, as well as the use of maintenance funds, and the operation and income of the common part of the owners to the owners in a reasonable manner, and report to the owners' general meeting and the owners' committee.