Let s talk about who is responsible for the leakage of the buildings in the community

First of all, the cause of the water leakage should be identified, if the quality of the new house is not up to standard, the developer is responsible for repairing it during the warranty period;

If it is caused by improper decoration and other faults on the upstairs, the upstairs is responsible for maintenance;

If the warranty period of the house has expired and it belongs to the public part of the whole building, for example, the maintenance problem of the main sewer pipe needs to be repaired, and the public maintenance of the house is collected**, the property department shall apply for the use of maintenance**;

If there is no public maintenance**, the common part shall be jointly borne by all homeowners;

If there is a problem with the exclusive part of the upstairs, the upstairs will still bear the costs according to the principle of equity. If a lawsuit is filed, an appraisal may be required to determine the cause of the water leak and the amount of damage. Pay attention to the preservation of the "Housing Quality Assurance Certificate", the payment receipt of the public maintenance of the house** and other evidence.

Solutions for water leaks upstairs.

1. After ascertaining the situation, if the cause of the water leakage upstairs is actually caused by the upstairs neighbors, the damaged owner can explain the situation to the upstairs or neighbors according to the situation he has mastered, and put forward a request for repair and compensation for the damage caused to him during the repair period.

If the upstairs neighbors do not cooperate or do not repair in time, the damaged owner can follow the relevant regulations: "The adjacent parties of the immovable property shall correctly handle the adjacent relationship in terms of water interception, drainage, passage, ventilation, lighting and other aspects in accordance with the spirit of conducive to production, convenient life, solidarity and mutual assistance, fairness and reasonableness." Where obstructions or losses are caused to neighboring parties, the infringement shall be stopped, the obstruction removed, and the losses compensated.

Take the dispute to court.

When the upstairs neighbor ignores the court's decision, the injured party can first ask the construction team to repair it, and then demand compensation from the upstairs neighbor through the court in accordance with the relevant laws and regulations. In addition, when the upstairs neighbor does not take the initiative to compensate, the injured party can apply to the court for enforcement.

Other solutions to water leakage upstairs.

When you find a water leak on the upper floor, you can first find the property in the community and ask them to give advice, or ask them to go to the neighbor upstairs to negotiate and repair it. It can also be assisted by community officials and the police. and should do a good job of collecting evidence such as taking pictures, videos, and messages, so that it can be beneficial after being sued to the court.

In addition, if it is a unit, you can find the unit to coordinate and solve it.

How to divide the responsibility for water leakage in the house?

Legal analysis: 1. During the warranty period, report to the property company for maintenance. In the community with the property, the house is within the warranty period, and the owner's house has a water leak to report to the property management company.

The property company reports to the developer, and the developer transfers it to the construction party, and the construction party is generally responsible for repairing the house at the owner's house. Second, after the warranty period, if it belongs to the public area, the maintenance can be started. After the warranty period of the house, if the water leakage phenomenon of the house belongs to the public area of the building, you can apply to start the repair**.

In addition to the common areas of the community, because the house is private property, other problems are borne by the owner. Third, there is no property management, and the maintenance must find a property right unit. For the community without the management of the property company, if there is a problem with the house, you should find the property right unit or the community, and the community will coordinate to find the district real estate department, find the property right unit of the community, and start the maintenance, and the property right unit will repair the public area of the house.

If the property right unit can not be found or does not exist, but also start the maintenance ** after the real estate department to find the real estate department in the district, the real estate department to find the construction unit for maintenance, after the repair of the problem, as long as within the warranty period, can also find the construction unit to continue the maintenance.

Legal basis: Article 40 of the Regulations on the Quality Management of Construction Projects Under normal use conditions, the minimum warranty period of construction projects is: (1) infrastructure projects, foundation works and main structure projects of housing construction, which are the reasonable service life of the project as specified in the design documents; (2) Leakage prevention of roof waterproofing projects, toilets, rooms and external walls with waterproof requirements for 5 years; (3) Heating and cooling system, which is two heating periods and cooling periods; (4) Installation and decoration of electrical pipelines, water supply and drainage pipelines, and equipment shall be 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.

Article 41 of the Regulations on the Quality Management of Construction Projects If quality problems occur within the warranty scope and warranty period, the construction unit shall perform the warranty obligation and bear the liability for compensation for the losses caused.

Article 42 of the Regulations on the Quality Management of Construction Projects If a construction project needs to continue to be used after exceeding the reasonable service life, the property owner shall entrust a survey and design unit with the corresponding qualification level to appraisal, and take measures such as reinforcement and maintenance according to the appraisal results to redefine the use period.

Legal Analysis:

1. Generally, find the property department first. Because the property department is generally entrusted by the developer to contact the maintenance affairs, the property department (which should be entrusted by the developer) to contact the construction unit to come to the warranty. 2. If the house has been deposited with maintenance funds, it belongs to the public housing directly managed by the city, and the owner shall apply to the owners' committee or neighborhood committee; Propose public repairs to the house**.

The part of the maintenance cost of the house that exceeds the deposit for maintenance** shall be shared by the relevant owners according to the proportion of the building area occupied by the house. 3. If it is a self-managed public housing of a purchased unit: the owner shall apply to the owners' committee or the neighborhood committee where the house is located; After the owners' committee or neighborhood committee proposes the details of the housing maintenance budget, solicits the opinions of the owners and fills in the application form, and submits it to the original selling unit; After the original selling unit goes to the maintenance ** to deposit the bank reconciliation and fill in the relevant **, take the information to the Municipal Housing Security Center to go through the withdrawal and review procedures; After approval, the original selling unit will go to the bank for transfer and transfer it to the account designated by the owners' committee or neighborhood committee for the actual maintenance of the house.

4. Commercial housing: If the owner's house is within the warranty period, the developer should be responsible for the warranty.

Legal basis: Article 13 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Commercial Housing Sales Contracts Article 13 If the buyer's request to terminate the contract and compensate for losses is seriously affected by the quality of the house, it shall be supported. If there is a quality problem in the house delivered for use, the seller shall bear the responsibility for repairing it during the warranty period; If the seller refuses to make repairs or delays the repairs within a reasonable period of time, the buyer may make repairs on its own or by entrusting others to do so. The seller shall bear the cost of repair and other losses caused during the repair period.

Derivative problem: If the house is leaking, the leakage point can be found in the following ways:1Inspect water and electricity pipes.

2.Find your upstairs neighbor to check the waterproofing. 3.

The pressure method detects the water pressure. When decorating, we must do a good job of waterproofing treatment for kitchens, bathrooms, and balconies, and pay attention to the waterproof coating to be brushed with two layers, and the first layer is dry and then brush the second layer.

There are many neighborhoods in Duchangbu in every city, and the neighborhoods can accommodate many people. In some communities, there will be a leakage of the blind house, because there are many people, so it is difficult to identify who is responsible for this kind of problem. So who is responsible for the leakage of the house in the community?

1. Who is responsible for the leakage of the house in the community.

The house in the community generally has a warranty period of 5 years, if the water leakage is not man-made during the warranty period, then the house leakage is responsible for the hair dealer who opens the cover ear. If the developer does not deal with it, you can go to the local quality supervision department to complain, and if the complaint is useless, you can sue the developer and ask for the house to be repaired. If the warranty period has expired, then you can apply to the property for home repairs** for funding for repairs.

Second, how to deal with water leakage in the house.

1.First of all, it is necessary to find out the cause of the water leakage in the house, and find out the cause to better solve the problem. The cause of water leakage in some houses is easy to see, but the cause of water leakage in some houses is not easy to show and needs to be checked by professionals, so when encountering this kind of problem, professionals should be asked to check and repair.

2.If the water leakage is caused by a problem with the floor structure, then it may be due to the fact that the house has been used for too long. It can be repaired with cement mortar, and at the same time, it should be coated with a waterproofing layer.

3.If the upstairs house is renovated and the waterproof layer is damaged and the water leakage, then this responsibility belongs to the upstairs. You can negotiate with the residents upstairs to replace the waterproofing layer, so that the problem can be solved.

4.If the water leak is caused by the pipe being not fixed properly when it was installed, it is likely to be caused by a loose pipe. In order to solve the problem, first of all, the reserved pipeline hole should be chiseled, and then the bottom construction and cement oil should be brushed, and a layer of waterproof coating should be done around after the use of cement mortar, and the water seepage test can be done after 24 hours.

5.If the house leaks and causes black spots or long hairs on the walls, it is likely that the concrete is not fully flattened during the construction of the floor slab, so it is easy to have hollow drums or honeycombs, etc., of course, it may also be a problem with cement and other materials.

1. According to the provisions of laws and regulations, during the warranty period, the development company shall be responsible for the maintenance of the house, and the development company shall notify the construction unit to implement the maintenance. The owner shall claim compensation from the development and construction unit for the loss caused by the water leakage of the house, and the process of compensation can be resolved through negotiation with the development and construction unit, and if the negotiation fails, it can be resolved through arbitration or filed a lawsuit with the basic people's court where the house is located.

2. The warranty period of the house is different from the warranty period of general goods, and it cannot be simply set as 1 year, 2 years or 5 years after purchase, and the warranty period when the off-plan house is delivered is likely to have a time difference with the warranty period of the existing house. Although the real estate developer (i.e. the developer) has the warranty responsibility to the buyer, it is the construction project contractor that actually undertakes the warranty work, and the warranty period is based on the time promised by the construction project contractor to the real estate developer.

3. The water leakage problem of the house has clear provisions in the housing quality assurance certificate, you can refer to the warranty period promised by the housing quality assurance certificate issued by the real estate development company, if the warranty period has not passed, the property company must bear the emergency contact with the real estate company for urgent maintenance work, otherwise all the responsibilities caused by the property company may be borne.

4. If the house has passed the warranty period, the real estate developer will not make a warranty for it, but the property management company will inevitably assume the obligation to assist the owner to solve the water leakage problem.

5. Several reasons for water leakage in the house: first determine the water leakage part, according to different water leakage parts, there will be different warranty periods. During the warranty period, and the owner has not damaged the waterproof layer, the cost is borne by the developer and the construction team.

If the warranty period is exceeded, the top layer of water leakage will be repaired and maintained by the owner's big hand leather celebration. The adjacent parts shall be resolved by the property management company in coordination with the relevant owners of the adjacent parts. The property management company only fulfills the obligation of notification and coordination, and does not bear the maintenance cost of Zhikai.

Summary. 1.The facade is leaking, and the responsibility lies with the developer.

2.Bathroom, kitchen, balcony leakage, this responsibility lies with the owner, the main reason is that the waterproofing is not done well. 3.

The responsibility for the leakage of the water pipe lies with the decoration company, which may have used inferior water pipes, but when there is a leakage problem, the owner is the first to take responsibility.

1.The exterior wall is leaking, which is responsible for the disadvantages of the developer. 2.

Bathroom, kitchen, balcony leakage, this responsibility is hidden in the owner, the main reason is that the waterproofing is not done well. 3.The responsibility of the Li family lies with the decoration company, which may have used inferior water pipes, but when there is a leakage problem, the owner is the first to take responsibility.

The responsibility of the developer is within the warranty period, and if the water leakage is not caused by human causes, the developer shall bear full responsibility. According to Article 7 of the "Measures for the Quality Warranty of Housing Construction Projects", Article 1 (2) has a roof waterproof project, a bathroom with waterproof requirements, a room and an external wall leakage prevention, which is 5 years, and the installation of electrical pipelines, water supply and drainage pipelines and equipment in paragraph (4) is 2 years, calculated from the date of acceptance of the completion of the project.

The property is not responsible for the leakage, but if the property is negligent in its management, or if the problem is not dealt with in a timely manner, resulting in an increase in damage or a more serious problem, then the property is liable. The former, such as the blockage of the public pipes of the building, although it is not the property to do it, but according to the property management contract and relevant regulations, the property company should regularly inspect and clean up, if it is not done, then the relevant early responsibility can be investigated; For example, if the upstairs is illegally renovated and the property is not stopped, then Sun Que can find the property to claim compensation for losses. Fair ResponsibilityFor the house that has passed the warranty period, all parties are not at fault (or there is no evidence to prove their fault), if the waterproof layer is naturally aged, the maintenance cost shall be shared by the parties according to the provisions of Article 132 of the Civil Communication, according to the realization situation, generally half of one person.