Who will pay for the repair of the water leak on the top floor?

It needs to be clear that it is a leak in the roof.

Roof leaks have the right to ask the owners of the whole building to share the cost of repairs or use public maintenance funds to repair them, without having to bear them alone.

On the one hand, the roof of the building belongs to the common property of the owners of the whole building.

Article 70 of the Property Law stipulates that the owner shall have the right of ownership of the exclusive part of the building, such as residential and commercial buildings, and shall have the right of co-ownership and joint management of the common part other than the exclusive part. Article 3 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Cases Involving Disputes over the Differentiated Ownership of Buildings further clarifies that laws and administrative regulations are not included.

In addition to the common parts provided, the following parts within the building zoning shall also be recognized as the common parts referred to in Chapter VI of the Property Law: (1) the basic structural parts of the building, such as the foundation, load-bearing structure, exterior wall, and roof, the public passage parts such as passages, stairs, and lobbies, ancillary facilities and equipment such as fire protection and public lighting, and the refuge floor.

Structural parts such as equipment floors or equipment rooms are ......Correspondingly, the roof involved in this case covers the whole building, which is related to the common interests of the owners of the whole building, and determines that although it does not belong to the interior of a certain owner, the owners of the downstairs rarely set foot in it, and it is usually only directly and closely related to your life, but it belongs to the common part of the owner "other than the exclusive part" and is shared by the owners of the whole building.

On the other hand, the entire building owner has to bear the cost of roof repairs.

The owners of the whole building have common rights to the roof, and they can occupy, use, dispose of, and benefit from the roof, and must also bear the corresponding obligations. As stipulated in the first paragraph of Article 72 of the Property Law, the owner has rights and obligations to the common parts other than the exclusive part of the building; No waiver of rights may be used for non-performance of obligations. Combined with this case, the core obligation of the owner of the whole building to the roof is undoubtedly maintenance.

Naturally, maintenance involves restoring the roof to a normal state if there is a leak in the roof, and no one owner can excuse himself from not needing or using it. Since the owners of the whole building have an equal share of the roof, the cost of repairs should be shared equally among everyone.

Third, public maintenance funds can be used for repairs.

The waterproof material used for roof leakage is a sinkhole, which is basically redundant, because you did not use cement glue to fill the leak, and the leakage can be accurately plugged, and the leak can be plugged without hundreds of dollars. Basically, individuals can afford it, if you use waterproof materials, plus the bad intentions of the property, it is basically more than 100,000 expenses.

So, wake up, plug the leak with cement glue, the effect is the best.

The repair fee for water leakage on the top floor is repaired by the property using maintenance funds. Individuals do not need to bear it.

If the leakage on the top floor is not caused by your own reasons, then the maintenance fee will be borne by all the owners or the property management company.

It is said that the roof belongs to public use, but the maintenance cost is not a small amount, and most of the neighbors will not take the money when apportioning, so they can only bear it themselves.

The property company bears and is responsible for who repairs!

If the water leakage on the top floor is within the warranty period, the developer shall bear the maintenance costs; If the shelf life is exceeded, because the roof belongs to the public area, it will be borne by the residential maintenance**.

According to Article 3 of the Measures for the Management of Special Residential Maintenance Funds, the common parts of the dwelling referred to in these measures are the parts shared by the owners of a single dwelling or the owners of a single dwelling and the non-residential owners connected to its structure in accordance with laws, regulations and housing sales contracts, generally including: the foundation, load-bearing walls, columns, beams, floors, roofs and outdoor walls, halls, stairwells, corridors, etc.

If the top floor leakage repair has not passed the warranty period, it is out of the property; If it is caused by a certain household, the household pays the money; If it's a leak caused by age, everyone has to come out.

The roof space of the building shall be shared by all the owners of the subdivision. Therefore, the cost of repairing common parts such as roof leakage and rain is shared by all residents of the building. If the water leakage is caused by abnormal use reasons such as renovation or improper use by the resident, then the tenant can be asked to repair and compensate for the loss.

If the warranty period has expired and the leakage is caused by non-man-made damage, it shall be shared by the owners of the entire building. If the community has collected the repairs, it will be paid from the **.

Roof leak solutions:

Find the leakage place, if the area is relatively small, that is, the waterproof is not done well, it is a gap, you can cut the gap a little more, a little larger, and then refill the joint with cement, and then paint the cement ash on the top after filling. Roof leakage, the common method is to lay asphalt, this is generally for the leakage area is relatively small, the construction is simple, and it is relatively cheap.

If the gap is relatively small, you can directly brush the waterproof material, and paint the water-based waterproof paint more than twice in the gap, not only brush the crack, but brush it all around him, so as to ensure the adhesion and ensure the service life, and pay attention to the water can not be drenched within 12 hours after brushing.

If the house has not expired, the developer shall bear the responsibility for repairs, and if the warranty period has expired, all owners of the building shall bear the responsibility for repairs. Article 2 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Cases Involving Disputes over the Differentiated Ownership of Buildings Article 2 Houses in building zoning that meet the following conditions, as well as specific spaces such as parking spaces and stalls, shall be recognized as exclusive parts as referred to in Chapter VI of the Property Law:

1) It is structurally independent and can be clearly distinguished.

2) It has independence in use and can be used exclusively.

3) can be registered as the object of ownership of a particular owner.

Terraces that are exclusive to a specific house in the planning and have been included in the sales contract of the specific house in accordance with the plan at the time of sale of the construction unit shall be deemed to be an integral part of the exclusive part as provided for in Chapter VI of the Property Law.

The lower warranty period for each part stipulated in the regulations on the implementation of the quality assurance certificate and residential instruction manual system for commercial housing is:

1. The roof is waterproof for 3 years.

2. Leakage of walls, kitchen and bathroom floors, basements, and pipes for 1 year.

3. The plastering layer of the wall and ceiling falls off for 1 year.

4. The ground is hollow and cracked, and a large area of sand is raised for 1 year.

5. Doors and windows are cracked and hardware is damaged for 1 year.

6. The pipeline is blocked for 2 months.

7. Heating and cooling systems and equipment for 1 heating period or cooling period.

8. Sanitary ware for 1 year.

9. Lamps and electrical appliances are switched on and off for 6 months.

10. The warranty period of other parts and components shall be agreed between the real estate development enterprise and the user.

The cost bearer of roof leak repairs:

1. If the damage caused by the owner causes the roof to leak, the maintenance cost shall be borne by himself;

2. If the water leakage is caused by the neighbor, the neighbor shall bear it;

3. If the quality problem left by the developer in the development process, it will be borne by the developer.

[Legal basis].Article 271 of the Civil Code of the People's Republic of China.

The owner has the right of ownership of the exclusive parts of the building, such as residential and business buildings, and the right of co-ownership and joint management of the common parts other than the exclusive parts.

Article 272.

The owner has the right to occupy, use, benefit from and dispose of the exclusive part of his building. The exercise of the rights of the owner shall not endanger the safety of the building and shall not harm the legitimate rights and interests of other owners.

1. If the roof has not passed the warranty period, it should be repaired by the developer when there is a water leak.

2. If the roof has passed the warranty period and the leakage is caused by non-man-made damage, all owners shall jointly bear the maintenance costs.

3. If the water leakage is caused by the resident's decoration or improper use, the maintenance cost shall be paid by the resident.

1. How to divide the responsibility for the leakage of the old-fashioned cast iron pipe in the community.

Find the property first to check the cause of the water leak, and then according to the cause, who will bear the corresponding responsibility. If it is determined that the public drainage pipe is leaking and it is within the warranty period, and the developer refuses to repair it, the owner can file a lawsuit in court to claim damages. If it is clear that the water pipe on the upper floor is leaking, and the property still refuses to repair it after property mediation, the owner requires the property to provide information about the owner of the upstairs and files a lawsuit with the court to demand compensation for the loss.

Second, who to complain about the water leakage in the house.

The first step should be to find out who has this management responsibility. Utilities shall be the responsibility of the property and shall be paid out of maintenance**; Non-public facilities are purely owned by Waga, depending on whether they are exclusive or common. During the warranty period, if the water leakage is not caused by human causes, the developer shall bear full responsibility.

For the house that has passed the warranty period, all parties are not at fault, such as due to the natural aging of the waterproof layer, the maintenance cost at this time, according to the realization situation, is shared by the parties, generally half of one person.

3. Who is responsible for the leakage of the main pipe shared in the kitchen?

The leaking sewer pipe of the main kitchen house is the responsibility of the developer during the warranty period, and it is their own responsibility beyond the warranty period. Depending on the situation that arises, different people are responsible, and the following situations will occur:

1. If the new key is checked into the house, the sewer pipe interface is leaking and the maintenance port is leaking, and the property company is responsible for coordinating the construction unit and the construction party to carry out quality assurance and maintenance;

2. The condensation dew in summer shall be disposed of by the user himself;

3. If there is leakage in the root of the upstairs or downstairs pipe in the special part, whoever uses it is responsible.

If someone has illegally altered the leakage of the common drainage pipe, it is necessary to find the person responsible. If it is caused by man-made and the person responsible cannot be found, the maintenance costs incurred will be borne by the owner of the unit.

Article 281 of the Civil Code stipulates that the maintenance funds of buildings and their ancillary facilities belong to the owners in common. 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 bearer of the water leakage repair fee on the top floor is as follows:

1. If there is a quality problem with the waterproofing of the renovated house delivered by the developer

1) 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;

2) If the warranty period has expired, the property should be asked to order the upstairs owner to repair by himself.

2. If the waterproof treatment is unqualified during the upstairs decoration:

1) When the upstairs is a rough house self-decoration, 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;

[Legal basis].: Article 51 of the Property Management Regulations.

Units such as water supply, power supply, gas supply, heat supply, communications, and cable television shall bear the responsibility for the repair and maintenance of relevant pipelines and facilities and equipment in the property management area in accordance with law.

Where the units provided for in the preceding paragraph temporarily occupy or excavate roads or sites due to the need for repairs or maintenance, they shall promptly restore them to their original state.

Article 52.

If the owner needs to decorate and decorate the house, he shall inform the property management service enterprise in advance.

Property management service enterprises shall inform the owners of the prohibited acts and precautions in the decoration and decoration of the house.