New regulations on water pipe leakage in the Civil Code, new regulations on water pipe leakage in th

New regulations on water pipe leakage in the Civil Code:

1. The Civil Code stipulates that if there is a leak on the roof of the house, you can find the property management company to deal with it, and if it is within the warranty period, you can find the construction unit for maintenance. Violations of laws and regulations related to public security, environmental protection, fire protection and other laws and regulations in the property service area. Property service providers shall promptly take reasonable measures to stop it, report to the relevant administrative departments and assist in handling it.

2。Legal basis: Article 938 of the Civil Code of the People's Republic of China The content of the property service contract generally includes service items, service quality, service fee standards and collection methods, the use of maintenance funds, the management and use of service rooms, service period, service handover and other terms.

1. What should I do if I find a water leak?

1. First of all, the scene should be protected and the evidence should be fixed. For example, the collection of evidence such as photographs, video recordings, etc.

2. To negotiate, you can first find the property or community in the community, and find the neighbors upstairs accompanied by them, and ask for compensation and compensation.

3. If the negotiation fails, the relevant personnel can be invited to conduct on-site justice. At the same time, for the scope of compensation for losses, it is recommended to invite enterprises with assessment qualifications, such as ** certification centers, to conduct on-site assessments. Wait for the result before filing a lawsuit with the court.

2. How to claim for the loss caused by water leakage?

Find the upstairs owner。If the upstairs owner does cause the downstairs residents to "receive water" due to renovation or laying of water pipes, the upstairs residents are required to find the cause of the water leakage in time and repair it, and the downstairs residents shall be liable for compensation if they cause damages.

Legal basis:

Article 296 of the Civil Code providesWhere the owner of the immovable property uses the adjacent immovable property for the purposes of water use, drainage, passage, laying pipelines, etc., it shall try its best to avoid causing damage to the adjacent immovable property owner.

Article 1165Where the perpetrator infringes upon the civil rights and interests of others and causes harm due to his fault, he shall bear tort liability. Where the perpetrator is presumed to be at fault in accordance with the provisions of law, and the perpetrator cannot prove that he is not at fault, he shall bear tort liability.

Article 1167Where the tortious act endangers the safety of the person or property of others, the infringed party has the right to request the infringer to bear tortious liabilities such as stopping the infringement, removing obstacles, and eliminating dangers.

Article 1184Where the property of others is infringed, the property loss shall be calculated in accordance with the market or other reasonable methods at the time of the loss.

Legal analysis: the owner has rights and obligations for the common parts other than the exclusive part of the building; Waiver of rights may not be used as a reason for non-performance. When the owner transfers the residential or business premises in the building, the rights of co-ownership and co-management of the common part are transferred together.

First of all, it is necessary to distinguish whether the leaking pipe is a public pipe, if it is a public pipe, then, the cost of maintenance should be borne by the property company, and if it is a pipe used by oneself, then when repairing, the owner should bear the maintenance cost.

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

Article 273 The owner shall have rights and obligations with respect to the common parts other than the exclusive part of the building; Waiver of rights may not be used as a reason for non-performance. When the owner transfers the residential or business premises in the building, the rights of co-ownership and co-management of the common part are transferred together.

Article 281: Funds for the maintenance of buildings and their ancillary facilities belong to the owners. By the joint decision of the owners, it can be used for the maintenance, renewal and transformation of common parts such as elevators, roofs, exterior walls, barrier-free facilities, etc. The raising and use of funds for the maintenance of buildings and their ancillary facilities shall be announced on a regular basis.

If it is necessary to maintain the building and its ancillary facilities in an emergency, the owners' general meeting or the owners' committee may apply for the use of the maintenance funds of the building and its ancillary facilities in accordance with the law.

The new regulations on water pipe leakage in the Civil Code are as follows:

1. The developer's responsibility is within the warranty period, if it is not caused by human reasons, the developer shall bear full responsibility;

2. The leakage of the property is certainly not caused by the property, but if the property is negligent in management, or the problem is not dealt with in time, resulting in the expansion of losses or more serious problems, then the property shall be liable;

3. Fair responsibility for the house that has passed the warranty period, all parties are not at fault (or there is no evidence to prove their fault), such as due to the natural aging of the waterproof layer, the maintenance cost is shared by the parties according to the realization situation, generally half of one person;

4. The owner or tenant shall generally bear the corresponding responsibility for water leakage caused by personal reasons.

Legal basis:Article 284 of the Civil Code of the People's Republic of China.

The owner can manage the building and its ancillary facilities by himself, or he can entrust the property management service company or other managers to manage it.

The owner has the right to replace the property service enterprise or other manager hired by the construction unit in accordance with the law.

Article 285

Property management service enterprises or other managers shall, on the basis of the entrustment of the owners, manage the buildings and their ancillary facilities in the building zoning in accordance with the provisions of Part III of this Law on property management service contracts, accept the supervision of the owners, and promptly respond to the owners' inquiries about the property management services.

Property service enterprises or other managers shall implement emergency response measures and other management measures implemented in accordance with the law, and actively cooperate with relevant work.

Legal Analysis: There are no regulations, but there are provisions in the laws related to construction. First of all, determine the cause of water leakage, so that it is convenient to ask for corresponding compensation for the damage of some things later, find the property management or developer for the quality of the house, and the neighbor should find the responsible party for renovation and renovation.

Legal basis: Article 62 of the Construction Law of the People's Republic of China implements a quality warranty system for construction projects. The warranty scope of construction projects shall include foundation engineering, main structure engineering, roof waterproofing engineering and other civil engineering, as well as installation engineering of electrical pipelines, water supply and water pipelines, heating and cooling system engineering, etc.; The duration of the warranty shall be determined in accordance with the principle of ensuring the normal use of the building within a reasonable life span and safeguarding the legitimate rights and interests of users.

The specific warranty scope and minimum warranty period are specified by ***.

Article 1165 of the Civil Code: [Principle of Fault Liability] Where the perpetrator infringes on the civil rights and interests of others and causes harm due to his fault, he shall bear the tort liability for searching. 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: [Methods of Bearing Responsibility for Endangering the Safety of Others' Persons or Property] 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 obstacles, and eliminating dangers.

Article 1184: [Methods for Calculating Property Losses]Where the property of others is infringed upon, the property losses are to be calculated in accordance with the market at the time of the loss or other reasonable methods.