Who is responsible for the leakage of the exterior wall upstairs and the leakage of the downstairs h

There are two reasons for water leakage, if the waterproof treatment is unqualified during the upstairs decoration, then the upstairs is responsible. If there is a quality problem with the waterproofing of the renovated house delivered by the developer, the developer is responsible.

Legal analysis

If the house is its own, and the bathroom water leaks directly downstairs, then the responsibility lies with the homeowner, because after the house is renovated, the waterproof responsibility belongs to the homeowner. If you choose a formal decoration company when decorating the house, and also sign a warranty contract, then this responsibility must be borne by the decoration company. However, if the house is a rental house and the waterproofing has not been done before, it is the responsibility of the landlord.

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 owners. If there is a water leak in the renovated house delivered by the developer, the upstairs should be informed, and the property management company should be contacted immediately, and the 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.

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, and if it still cannot be resolved, a civil lawsuit can be filed with the court in accordance with the relevant regulations.

Legal basis

Civil Code of the People's Republic of China

Article 1252: Where a building, structure or other facility collapses or collapses and causes damage to others, the construction unit and the construction unit shall bear joint and several liability, unless the construction unit and the construction unit can prove that there are no quality defects. After the construction unit or construction unit makes compensation, if there are other responsible persons, they have the right to recover from the other responsible persons. Where a building, structure or other facility collapses or collapses due to reasons attributable to the owner, manager, user or a third party, causing damage to others, the owner, manager, user or third party shall bear tort liability.

Article 1253: Where buildings, structures, or other facilities, as well as their shelves or hanging objects, fall off or fall, causing harm to others, and the owner, manager, or user cannot prove that they are not at fault, they shall bear tort liability. After the owner, manager or user makes compensation, if there are other responsible persons, they have the right to recover from the other responsible persons.

This must be the person in charge upstairs, and this situation should be the responsibility of upstairs.

Who is responsible for the leakage of water in the outer wall of the head, which leads to the leakage of water in the downstairs house? If the upper exterior wall leaks, resulting in water leakage in the downstairs house, then the upstairs is responsible.

Water leakage in the upstairs exterior wall leads to water leakage in the downstairs house, which should be the responsibility of the contractor or developer.

Who is leaking this general water, and who is responsible for the losses caused by other people's homes?

Legal Analysis: 1. Division of Responsibility.

1. If the leakage of the external wall is caused by the damage caused by the waterproofing of the external wall upstairs, then the owner of the upstairs shall repair or compensate for the related losses of the home;

1) If the exterior wall waterproofing is within the warranty period of the housing construction project (5 years), the housing construction unit (developer) shall instruct the construction unit to repair and compensate for the relevant losses caused to the home;

2) If the waterproofing of the exterior wall exceeds the warranty period, the property shall apply for the use of the housing public maintenance fund for maintenance and compensation for the related losses caused thereby.

2. Loss accounting.

The recovery of relevant losses should be based on a reasonable perspective, and the losses mainly include the labor and material costs for maintenance and other reasonable related losses (such as lost time costs, etc.).

Legal basis: Article 942 of the Civil Code of the People's Republic of China Property service providers shall, in accordance with the agreement and the nature of the use of the property, properly repair, maintain, clean, afforest, operate and manage the common parts of the owners in the property service area, maintain the basic order in the property service area, and take reasonable measures to protect the personal and property safety of the 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.

If it is not the man-made water leakage downstairs, it is the responsibility of the upstairs, and the upstairs is responsible for repairing the water to no longer leak to the downstairs and compensating for 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.

For those who are flooded due to a leak in a neighbor's house, the cause of the leak needs to be identified first. If it is found that the water leakage is caused by the neighbor, the other party can be required to restore the original state, and if it cannot be restored, it can be claimed for damages; If the other party refuses to compensate, it can take photos to register the loss, and find a professional appraisal agency to do the loss appraisal, and then file a civil lawsuit, and the specific dispute can be resolved in the lawsuit.

In addition, for the problem of water leakage, first of all, through the housing quality inspection department to determine the cause of the leakage and the person responsible, to see whether the house you buy is accompanied by decoration, if it is signed with the developer of the "commercial housing sales contract" has a clear warranty period for each decoration, you can check it, and then ask the developer to repair; If not, but the house itself is a problem, you can ask the property to be repaired.

Nowadays, the quality of the house is constantly emerging. Cracks in the walls, peeling ceilings, leaking houses? I believe that many readers have encountered related problems, and many developers will shirk the responsibility with the sentence "caused by the owner's own decoration".

In this case, the owner's top priority is to find the relevant technical supervision department to inspect the house, and only when the authority detects that the loss is indeed caused by the developer's cutting corners or other reasons, the owner can have the certificate to solve it through legal channels and obtain reasonable compensation.

Legal analysis: The water leakage downstairs is not necessarily the cause of the upstairs, it depends on the specific situation. There are generally two types of water leaks:

If a pipe breaks and leaks, the pipe should be replaced and waterproofed again. The other is the leakage caused by the failure to do a good job of waterproofing, and the whole needs to be re-waterproofed. Sometimes the leak is not necessarily upstairs, it may also be leaking in your own home, or it is possible that there is a leak next door, and it is best to find a professional to check it.

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

Article 265:Collectively owned property is protected by law, and it is forbidden for any organization or individual to encroach upon, plunder, privately divide or destroy it. Where decisions made by rural collective economic organizations, villagers' committees, or their responsible persons infringe upon the lawful rights and interests of collective members, the injured collective members may request that the people's courts revoke them.

Article 266:Private individuals enjoy ownership of their lawful income, houses, daily necessities, production tools, raw materials, and other immovable and movable property.

Article 267:The lawful property of private individuals is protected by law, and it is prohibited for any organization or individual to embezzle, plunder, or destroy it.

Summary. 1. If there is a water leak upstairs and causes the loss of the downstairs residents, who will compensate for it depends on the actual situation: (1) If the upstairs owner does not meet the requirements for decoration and causes water leakage, the upstairs residents shall bear the liability for compensation.

2) If the upstairs residents, the property management company and the developer are all at fault, the three parties shall jointly bear the liability for compensation according to the proportion of liability. 2. Legal basis: Article 1165 of the Civil Code of the People's Republic of China [Principle of Fault Liability] Where an actor 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 1168: [Joint Infringement]Where two or more persons jointly commit tortious acts, causing harm to others, they shall bear joint and several liability.

1. If there is a water leak upstairs and causes losses to the residents downstairs, who will compensate for the delay depends on the actual situation: (1) If the upstairs owner does not meet the requirements for decoration and causes water leakage, the upstairs residents shall bear the responsibility for compensation. 2) If the upstairs residents, the property management company and the developer are all at fault, the three parties shall jointly bear the liability for compensation according to the proportion of liability.

2. Legal basis: Article 1165 of the Civil Code of the People's Republic of China [Principle of Fault Liability] Where an actor 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 1168: [Joint Infringement]Where two or more persons jointly commit tortious acts, causing harm to others, they shall bear joint and several liability.

Summary. Hello It is not necessarily the responsibility of the upstairs, and the leakage of the exterior wall downstairs is not necessarily the responsibility of the upstairs, and it needs to be inspected to know the cause. Normally, water leakage is mainly divided into two situations, one is due to the rupture of the pipeline, which causes water leakage, and for this situation, it is necessary to ask a professional to replace the pipe and re-do the waterproofing.

There is also a kind of water leakage caused by the waterproofing is not done well, in this case, the overall waterproofing needs to be redone.

Is the leakage of the exterior wall downstairs the responsibility of the upstairs - legal knowledge.

Hello It is not necessarily the responsibility of the building, and the leakage of the exterior wall downstairs is not necessarily the responsibility of the upstairs, and it needs to be inspected to know the cause. Normally, water leakage is mainly divided into two situations, one is the leakage of oak water due to pipe rupture, and for this situation, it is necessary to ask a professional to replace the pipe, return early and re-do the waterproofing. There is also a kind of water leakage caused by the waterproofing is not done well, in this case, the overall waterproofing needs to be redone.

Legal basis: Article 577 of the Civil Code [Liability for Breach of Contract] If one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses. Article 40, Paragraph 2 of the "Regulations on the Quality Management of Construction Projects", the leakage of the anti-demolition bureau of the roof waterproofing project, the toilet, the room and the external wall with waterproof requirements, is 5 years.

If the leakage causes damage to the victim's property, the developer shall also bear the civil liability for the infringement.

Summary. Legal basis: 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 commercial housing shall not be less than the duration of the warranty period agreed in the quality warranty issued by the construction project 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 lower than the minimum warranty period determined in the Provisions.

The warranty period of non-residential commercial housing shall not be less than the duration of the warranty period agreed 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.

Is the leakage of the exterior wall downstairs the responsibility of the upstairs - legal knowledge.

Hello dear, Zen potato. I've found the answer for you, and the answer is like a congratulatory one: the leakage of the exterior wall downstairs may be the responsibility of the upstairs, or it may be the responsibility of the house manufacturer.

Basis of the law: Article 577 of the Civil Code of the People's Republic of China: If one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses. Paragraph 2 of Article 40 of the Regulations on the Quality Management of Construction Projects The leakage prevention of roof waterproofing works, toilets with cover and waterproof requirements, rooms and external walls shall be 5 years.

Legal basis: Article 33 of the Administrative Measures for the Sales of Commodity Housing Real estate 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 commercial housing shall not be less than the duration of the warranty period agreed in the quality warranty issued by the construction project 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 lower than the minimum warranty period determined in the Provisions. The warranty period of non-residential commercial housing shall not be less than the duration of the warranty period agreed upon 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. For damage caused by force majeure or improper use, the former real estate development enterprise shall not be liable.

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