How to define the responsibility for water leakage downstairs after the balcony is included, and how

When looking for you again, you suggest that the fifth floor go to the property, and they will find a professional to look at the pipes with an endoscope, so that there is no need to dismantle and renovate. You need to start looking down from the 8th floor.

Be sure to ask someone who knows how to look at the property, maybe you can find the problem efficiently. The focus is on the fifth and fourth floors. Because even though.

The seventh and eighth floors are not sealed, and as long as the drainage pipes are unblocked, the water will not leak out.

In general, the place where the drain is leaking proves that it is not passable or sealed. In your case, it is most likely that the fourth or fifth floor has sealed the drain pipe, or the pipe has been moved and the seal is not good.

In either case, it is only related to the property on the fifth and fourth floors, and related to the unauthorized change of the function or quality of the drainage pipe, and has nothing to do with the people above the leakage point.

If the balcony drain pipe of a high-rise residential building is blocked, you or your neighbor on the upper floor are the most susceptible.

The water must be generated above the fifth floor, but if the water is not allowed to drain smoothly, it is a problem with the quality of the drainage pipes on the fourth floor of the fifth floor and possibly the fifth floor.

First of all, it needs to be made clear that as a relationship between the upper and lower floors, you do have the obligation to assist in the exclusion. However, since this balcony has been sealed, it can be advocated to prioritize the upstairs situation. Of course, if you have very conclusive evidence that it is not your problem, then you can refuse to demolish it.

If not, don't worry, you don't have to bear the cost of demolition, and you can also ask the other party to restore the original state and compensate.

If the balcony water pipe leakage damages the property of others, it may constitute tort liability and need to compensate others for losses.

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

Article 1165:Where the perpetrator infringes upon the civil rights and interests of others due to fault and causes harm, they 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 582:Where performance does not conform to the agreement, liability for breach of contract shall be borne in accordance with the agreement of the parties. Where there is no agreement on liability for breach of contract or the agreement is not clear, and it cannot be determined in accordance with the provisions of Article 510 of this Law, the injured party may, based on the nature of the subject matter and the size of the loss, reasonably choose to request the other party to bear liability for breach of contract such as repair, rework, replacement, return, reduction of price or remuneration.

Downstairs leaks, if it leaks from your home, then the responsibility is yours. Whether it's running water, heating water, or rainwater.

I feel that the main responsibility lies with the renovation company, as it has been all-inclusive to them.

After wrapping the balcony, the responsibility for the water leakage downstairs should be who is responsible for the balcony, because it is the green water of the balcony, and it must be the person who packs the balcony who damaged the balcony

First of all, you have to figure out whether there are structural problems and quality problems when the developer delivers the house, and then look at your decoration contract, finally assess the damage, and then divide the responsibility, and settle the claim according to the contract.

Since you are sure that it is not your house that is leaking, and he is not like this on the eighth floor, then you let him go to the seventh and eighth floors, it has nothing to do with you, and your house is not leaking, why is he looking for you? Why is he asking you to dismantle your pipes? She herself has destroyed the original structure.

Legal analysis: balconies are installed by the developer, if it is not because the owner tampered with it without permission, it is the responsibility of the developer, and the property in the community can be notified for maintenance, and the cost should also be borne by the developer. However, if the owner tampered with the balcony without permission and caused its water leakage, the owner should be responsible for repairing it, legal basis:

Property Management Regulations

Article 6 The owner of the house is the owner.

Owners have the following rights in property management activities:

1) In accordance with the provisions of the property service contract, accept the services provided by the property management service enterprise; (2) Propose to convene a general meeting of owners and make recommendations on matters related to property management; (3) Propose to formulate and revise the management statute and the rules of procedure of the general meeting of owners; (4) Participate in the meeting of the general meeting of owners and exercise the right to vote; (5) To elect the members of the owners' committee and enjoy the right to be elected; (6) To supervise the work of the owners' committee; (7) Supervise the performance of property service contracts by property service enterprises; (8) The right to know and supervise the use of common parts of the property, common facilities and equipment, and related sites; (9) Supervise the management and use of special maintenance funds for common parts of property and common facilities and equipment (hereinafter referred to as special maintenance funds); (10) Other rights provided for by laws and regulations.

Article 7 The owner shall perform the following obligations in the property management activities:

1) Abide by the management statute and the rules of procedure of the general meeting of owners; 2) Comply with the rules and regulations on the use of common parts of the property and common facilities and equipment, public order and environmental sanitation in the property management area; (3) To implement the decisions of the general meeting of owners and the decisions of the general meeting of owners authorized by the general meeting of owners; (D) in accordance with the relevant provisions of the State to pay special maintenance funds; (5) Pay the property service fees on time; (6) Other obligations provided for by laws and regulations.

Summary. Hello, if the water leakage of the building is caused by the common parts, such as balconies, roofs, walls, etc., it belongs to the scope of the property management company's maintenance.

When it rains, the upper and lower floors are outsourced balconies, and the balcony leaks, must it be the responsibility of the upstairs?

Hello, I am lawyer Sun Shuangqiao, a cooperative lawyer of Legalis, and I am happy to serve you.

Hello please wait a minute, I'm reading your question.

Hello, if the water leakage of the building is caused by the common parts, such as balconies, roofs, walls, etc., it belongs to the scope of the property management company's maintenance.

We also climbed to the top to see, there is a finger-wide crack near the gutter downpipe, and the master said that it was the problem of the gutter, it was none of my business, and the downstairs insisted that I re-do the waterproofing, and I was so depressed every day.

You can try talking to the property.

Hello, in order to find out the situation, the owner can ask the housing quality inspection department to identify the cause of the water leak and how to repair it. And it depends on whether the house is still within the warranty period, because generally the water quality warranty for new buyers is 5 years, and the pipeline warranty is 2 years. If the house leaks water is not man-made, and it is still within the warranty period, the developer has to take the corresponding responsibility.

Legal analysis: If there is a water leak upstairs, the following personnel shall bear the corresponding responsibilities: 1. The service life of the house shall be borne by the developer if it is within the scope of quality warranty; 2. If the leakage part is reinstalled, the decoration company is responsible; 3. The neighboring party may request the neighboring party to repair the cause immediately or in a timely manner on the basis of the report, and may request the adjacent party to compensate for the damage caused during the repair period.

Legal basis: Article 80 of the Code of the People's Spine of the People's Republic of China The adjacent parties to the 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 terms of water interception, drainage, passage, ventilation, lighting, etc. Where obstructions or losses are caused to neighboring parties, the infringement shall be stopped, the obstruction removed, and the losses compensated.

If the balcony leaks due to non-human causes, and the house does not exceed the warranty period, the real estate developer should bear the corresponding responsibility. The seepage of water from the balcony of the upstairs residents has caused damage to the downstairs residents, which has constituted the constitutive elements of the tortious duty of the cover-up under the civil law. Therefore, the downstairs residents can file a lawsuit with the court to stop the infringement, remove the obstruction and compensate for the loss, and the upstairs residents should try their best to avoid causing damage to the adjacent real estate rights holders, and if the damage is caused, they should take the initiative to compensate.

The property management company is responsible for the maintenance and management of the common part of the house and its equipment owned by the owners in the community. Bury the waiter.

So what should be done if the relevant responsible person does not compensate?

This situation can be resolved through negotiation with the other party first, and if the negotiation fails, then it can be resolved by filing a lawsuit with the court.

The above is the lawyer's responsibility for the unsealed balcony leaking downstairs, I hope it will be useful to you.

Article 4 of the measures for the quality warranty of housing construction projects in the warranty scope and warranty period of the quality defects, the construction unit shall perform the warranty obligations. Article 7 Under normal use conditions, the minimum warranty period for housing construction projects is: roof waterproofing projects, waterproof requirements of the material liquid tung toilet, room and external wall leakage, for 5 years.

Article 288 of the Civil Code: Owners of adjacent rights to immovable property shall correctly handle adjacent relationships in accordance with the principles of conducive to production, convenience of life, solidarity and mutual assistance, and fairness and reasonableness.

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.

Who bears the tort liability for the unsealed leakage of the balcony to the downstairs generally needs to be judged according to the cause of the balcony leakage and the location of the leakage.

If the balcony leakage is caused by the quality of the balcony itself, then the balcony leakage is the responsibility of the developer.

If the balcony leakage is caused by improper use or improper decoration by the owner, and causes losses to the owner downstairs, then the balcony leakage is the owner's own responsibility, and the owner needs to be responsible for the maintenance matters, and also needs to bear the corresponding liability for compensation.

Legal basis. Article 288 of the Civil Code of the People's Republic of China [Principles for Handling Adjacent Relationships] The adjacent rights holders of immovable property shall correctly handle adjacent relationships in accordance with the principles of conducive to production, convenience of life, solidarity and mutual assistance, fairness and reasonableness.

Article 1168 of the Civil Code of the People's Republic of China [Joint Infringement] Where two or more persons jointly commit tortious acts, causing harm to others, they shall bear joint and several liability. Guess the skin.