Patio leakage belongs to the property or the owner, and whose responsibility is the patio leaking do

Terrace leakage is owned by the property. Patio leakage is generally divided into two situations, one is water leakage during the warranty period, and the other is water leakage after the warranty period has passed, and the solutions to the two are different. New residential complex.

The warranty period of the owner's commercial housing is generally 10 years. The first 5 years will be maintained by the developer, and the next 5 years will be maintained by the property company.

During these 10 years, the repair of patio leaks is completely free of charge, and after the warranty period, property management repairs can also be prescribed, but they must be served. Generally, large property companies, if there are professional maintenance personnel, can directly call maintenance personnel to carry out maintenance. If the smaller property company does not have maintenance personnel, the owner can hire maintenance staff to carry out the maintenance by himself, or authorize the property management to find someone to repair it.

If the next-door neighbor does not cooperate, you can contact the property management company and communicate with the owner on the second floor to solve the problem. If there is a water leak in the renovated house delivered by the developer, the roof should be reported, and the property management company should be contacted immediately, and the property management will come out to let the developer follow the warranty agreement.

Carry out repairs. If the warranty period has expired, the property management should order the owner of the roof to repair the building by himself.

In fact, there is no fixed rule on whose responsibility it is for the leakage of the balcony downstairs, so the owner should generally clarify the location of the leakage and the cause of the leakage to make it easy to distinguish. Depending on the part of the water and the different factors, it is possible to distinguish whose responsibility it is. If the leakage of the terrace is due to the quality of the terrace itself, there will be some shortcomings, then the leakage will be caused by the backlog of precipitation, and the responsibility for the leakage will belong to the developer.

Since the developer is the main contractor of the terrace, it is responsible for the maintenance of the entire building. Under normal circumstances, the warranty period of the newly created house created by the developer is 5 years, so within 5 years, if there is a water leak due to the quality of the balcony product, the developer must be responsible for repairs.

Terrace leakage should be the responsibility of the property, this is under the property management, and the owner has nothing to do with the balcony leakage downstairs, but also because the property is not in order to leak downstairs.

We first have to see whether the time of the patio leakage belongs to the maintenance period of the property, if it is still within the maintenance period of the property, then the cause of the leakage is mainly borne by the property. If the maintenance period of the property itself has expired, the owner himself needs to bear the responsibility for the water leakage.

I think this situation must be the responsibility of the residents, so it must be the responsibility of the owners.

Legal analysis: 1. Terrace leakage needs to be analyzed in detail in two situations. One is that it is still under warranty. In this case, we can fix it directly by the developer. In general, the maintenance period is 5 years.

2. If the warranty period is over, the balcony has a water leakage problem, you can find the property company to be responsible for maintenance. But some require paid services. If the problem is not particularly serious, please call the strata company directly.

The property company can also ask professionals to come to the home for repairs. But the problem is more serious and requires a certain amount of funding. This maintenance may need to be paid for by the owner's own home.

3. Specifically, it should be divided into public balconies or personal balconies. If it's your own balcony, this kind of problem can be dealt with in the second way. However, if it is a public balcony, the water leakage problem can be solved directly with the property management company.

Since it is a public facility, it is also possible to apply for maintenance funds for maintenance.

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

Article 938: The content of a property management service contract generally includes terms such as service items, service quality, standards and collection methods for service fees, use of maintenance funds, management and use of service rooms, service period, service handover, etc.

The property service contract shall be in writing.

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.

Legal analysis: If the leakage of the balcony of the house is due to the owner's own operation error, or it is a damage caused by not noticing during the renovation process, then the owner himself needs to bear the main responsibility for the water leakage. Not only do you need to bear the cost of repairing your balcony, but you also need to be responsible for the damage downstairs if the balcony leaks and causes property damage to the residents downstairs.

Legal analysis: the upstairs residents are responsible, this issue is a dispute over adjacent rights between the subjects of the adjacent relationship, the upstairs residents have the ownership of their own houses, and if their houses cause damage to the rights of the other party in the adjacent relationship, they should take the initiative to bear the liability for damages.

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

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.

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 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.

Legal analysis: if there is water leakage on the open-air balcony without property rights, if it is within the quality warranty period, the developer can be required to bear the responsibility, and if the warranty period is exceeded, the owner will deal with it himself.

Legal basis: "Regulations on the Quality Management of Construction Projects" Article 40 Under normal use conditions, the minimum warranty period of construction projects is:

A) infrastructure engineering, housing construction foundation engineering and main structure engineering, for the design documents specified in the reasonable service life of the project;

2) Roof waterproofing works, toilets with waterproof requirements, rooms and external walls for leakage prevention, for 5 years;

3) Heating and cooling system, for 2 heating periods and cooling periods;

4) Electrical pipelines, water supply and drainage pipelines, equipment installation and decoration projects, for 2 years.

The warranty period for other items shall be agreed between the employer and the contractor.

The warranty period of the construction project shall be calculated from the date of acceptance of the completion of the project.

Summary. Dear, I am glad to answer for you that the leakage of the residential top floor terrace downstairs is responsible for the developer's water leakage due to two reasons, one is that the waterproof treatment is unqualified during the upstairs decoration, and the other is the quality problem of the waterproof house delivered by the developer. 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 **, ** and other evidence, and can respond to the situation through the owners' committee and community police, and if it still cannot be resolved, a civil lawsuit can be filed with the court in accordance with the relevant provisions of the Civil Code.

Dear, I am glad to answer for you that the leakage of the residential top floor terrace downstairs is due to the developer's water leakage due to two reasons, one is the upstairs decoration of the waterproof treatment is unqualified, and the other is the quality of the waterproof of the decoration house delivered by the developer. When the upstairs is a rough house to decorate itself, you should first inform the upstairs neighbors, and ask the upstairs to deal with it as soon as possible in a friendly negotiation attitude, 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 evidence such as the lack of holes and other evidence, and can respond to the situation through the owners' committee and community police, and if it still cannot be resolved, a civil lawsuit can be filed with the court in accordance with the relevant provisions of the Civil Code.

The toilet of the rental house leaks to the downstairs, and the repair fee who rents the house The bathroom leaks and leaks downstairs, and who should be responsible, depending on the cause of the leakage, according to the contract. If the water leakage is the responsibility of one party, it shall be borne by the responsible person, and if the water leakage is the cause of house repair, it shall be determined according to the basis. The lease contract should include the following main clauses:

the scope and area of the rental housing; the term and purpose of the lease; the amount of rent and the time of delivery; Liability for repairs, subletting, breach of contract, etc. If the landlord is responsible for the responsibility of repairing the house, the landlord shall be responsible for compensation for other losses after deducting the responsibilities that the parties should bear. If the responsibility for repairs is stipulated to be the responsibility of the tenant, the landlord does not need to compensate.

The public balcony belongs to the property management, and the own balcony belongs to the personal management. When there is a water leakage in the building, if it is a leakage in public parts such as balconies, exterior walls and roofs, then the property should be responsible for maintenance, but if the water leakage is caused by the owner's decoration or improper use, it should be borne by the owner.

Balcony leakage treatment method 1, top floor balcony leakage: If the balcony is on the top floor, find the leakage point when water leakage occurs. Look for cracks on the roof from high to low, check whether the middle layer of the roof is aged, if you find that the roof waterproof membrane has bubbles, it means that the water has entered the bottom of the waterproof layer, which will cause the balcony to leak.

Dig a hole at the leakage point, clean it and refill it with waterproof material, and then brush it with a thick layer of cement to solve the problem of local top leakage. If the waterproof layer of the roof is leaking due to aging, it is best to re-waterproof the roof, and pay attention to all corners of the roof to be carefully treated, otherwise it will not be able to play a waterproof role.

2. Water leakage between the balcony window and the wall: If the balcony leakage is between the window frame and the balcony wall, it is necessary to use silicone sealant with no shrinkage and good adhesion to seal these gaps. When using, it is necessary to clean up the dust and debris between the balcony window frame and the wall, and then use sealant to repair the gaps in the place where glue is needed, cut the glue nozzle into an inclined plane, and then beat the glue, which can have a good sealing effect.

3. Water leakage at the top water pipe of the balcony: If there is a drainage pipe between the upper and lower floors of the balcony, it is very easy to leak if the waterproofing is not treated well. In this case, coordinate with the upstairs user and ask the neighbor to reconstruct the waterproofing of the sewer pipe.

The connection between the floor drain and the corresponding drainage pipe should be sealed, and the surrounding area of the floor drain should be brushed with waterproofing agent. If you find a leak in the drain pipe on the top of the balcony, you can use PVC-U glue to bond it to seal the leakage.