The upstairs has not been renovated, the downstairs is leaking, who is responsible

If water leaks from upstairs to downstairs, it is upstairs responsible, whether it is renovated or not.

After the completion of the delivery of the house, the owner has to bear the maintenance responsibility of the indoor waterway pipelines, etc., because it has not fulfilled the maintenance responsibility leakage to the downstairs, causing losses to the downstairs, the upstairs should bear the responsibility for the maintenance or compensation of the downstairs. For the loss of the upstairs owner, it can be recovered from the third party if it is caused by the liability of the third party (if the upstairs is not renovated, the waterway pipeline originally laid by the developer has not been modified, and there is a leak during the warranty period of the construction project of the house, the upstairs owner can recover from the developer and bear part of the loss; If the warranty period is exceeded, the upstairs owner shall be responsible for the maintenance and compensation of the downstairs).

The cause of the water leak is different, and the person responsible is also different. If the waterproofing is not properly treated during the decoration, resulting in water leakage downstairs, in this case, the owner is generally responsible, but the decorator can be held accountable afterwards. However, if there is a quality problem because of the waterproofing of the renovated house delivered by the developer, the developer should be responsible at this time.

Legal analysisBecause there are two reasons for water leakage, one is that the waterproof treatment is unqualified when the upstairs is decorated, and the other is the quality problem of the waterproof of the decoration house delivered by the developer, when the upstairs is the rough house decoration by itself, the upstairs neighbors should be informed first, and the upstairs is required to deal with it as soon as possible in a friendly and negotiated manner, if the neighbors do not cooperate, they can contact the property management company, which is responsible for communicating with the owners upstairs, if the decoration house delivered by the developer is leaking, the upstairs should be informed, and immediately contact the property management company, It is up to the property to come forward and have the developer carry out the repairs in accordance with the warranty agreement. If the warranty period has passed, the property should be ordered to repair the upstairs owner, if the water leakage is the responsibility of one party, the responsible person shall bear it, if the water leakage is the cause of the house repair, it should be determined that the housing lease contract should include the following main terms, the scope and area of the rental house; the term and purpose of the lease; the amount of rent and the time of delivery; If the landlord is responsible for the responsibility of house repair, sublease and breach of contract, etc., the landlord shall be responsible for other losses in addition to the responsibilities that the parties should bear. If the responsibility for house repair is stipulated by the tenant, the landlord does not need to compensate, the building bathroom leakage should first be clear and clear, if the house is their own, and the bathroom water is leaked directly downstairs, then the responsibility lies with the homeowner, because after the house is renovated, the waterproof responsibility belongs to the homeowner.

If you choose a formal decoration company when decorating the house, and also sign a warranty contract, then this responsibility must be borne by the decoration company. However, if the house is a rental house and the waterproofing has not been done before, it is the responsibility of the landlord.

Legal basisArticle 296 of the Civil Code of the People's Republic of China: Where the owner of immovable property uses 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.

The upstairs has not been renovated, and the downstairs is leaking, I think this should only be able to find a property, because after all, it affects your house, so of course this can be solved by finding a property.

Hello, if the upstairs has not been renovated and the second floor is leaking, then it is likely that your builder has a problem when burying the water pipe, and you can contact the property to find the builder to take responsibility.

It's upstairs in charge. Because they didn't decorate and leaked the water downstairs, it was the responsibility of the upstairs.

If the upstairs is not renovated and leaks downstairs, it should be the developer or the property responsible.

Property, real estate merchants, this is fine, it is really not possible to complain, there is always someone responsible.

This should be looking for property, water leakage problem means that the house is unqualified, find the property to deal with.

First, the new house is not decorated and leaks to the downstairs who is responsible.

1. It is the responsibility of the developer for the new house to leak to the downstairs without decoration. Less than a year after moving in, the house is seriously leaking and can be repaired by the developer. If the water continues to leak after repairs, you can ask to move out, cancel the sales contract, and the developer will check out and get a refund.

2. Legal basis: Article 10 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.

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.

2. What are the obligations of the developer.

The obligations of the developer are as follows:

1. The developer has the obligation to notify the change of planning and design. If there is a change in the planning and design of the house purchased by the buyer, which will lead to changes in the spatial size, orientation, structural type, house type and other circumstances agreed in the contract that affect the quality or use function of the commercial house, the developer shall perform the obligation to inform the buyer truthfully of the change in planning and design, and the buyer has the right to choose whether to move out;

2. The developer has the obligation to inform the mortgage of the real estate. In the process of buying and selling commercial housing, if the commercial housing or land has been mortgaged by the developer, the developer shall truthfully inform the buyer of the relevant circumstances of the mortgage. If the developer fails to fulfill the obligation to inform, it will bear legal responsibility in accordance with the above legal provisions;

3. The developer's obligation to explain whether the actual delivery is consistent with the model house. When a model house is set up in the process of selling a house, the developer shall explain whether the quality, decoration and equipment of the commercial house actually delivered are consistent with the model house.

Legal analysis: The upstairs is not renovated and leaks to the downstairs, and the developer is responsible. Damages caused to the residents of the downstairs should be compensated.

The developer refers to the first undertaker of a project, and the qualification of the developer is directly related to the developer's financial strength (registered capital) and the ability to develop the project. Developers include real estate developers, software developers, game developers and other developers of a certain brand, but unless otherwise specified, they generally refer to real estate developers. In addition, the cause of the water leakage needs to be identified, and in the case of determining that the water leakage is caused by the upstairs residents due to decoration or other reasons, the upstairs residents should repair it in time, and the damage caused to the downstairs residents should be compensated.

Legal analysis: If the downstairs house is damaged due to water leakage upstairs, and the upstairs owner does not carry out decoration activities, the problem is a project quality problem, and the construction or construction unit of the building shall bear the liability for compensation, and the residents of the upstairs can recover from the construction unit or the construction unit after compensation, or they can be directly compensated by the person in charge of the construction unit.

Legal basis: Article 1184 of the Civil Code of the People's Republic of China Where the property of others is infringed, the property loss shall be calculated in accordance with the market at the time of the loss or other reasonable methods.

Article 7 of the Measures for the Quality Warranty of Housing Construction Projects Under normal use, the minimum warranty period of housing construction projects is:

A) 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) 2 years for the installation of electrical pipelines, water supply and drainage pipelines, and equipment;

5) The renovation project is 2 years.

The warranty period for other items shall be agreed between the construction unit and the construction unit.

Article 9 If there is a quality defect in the housing construction project during the warranty period, the construction unit or the owner of the building shall issue a warranty notice to the construction unit. After receiving the warranty notice, the construction unit shall go to the site to verify the situation and provide warranty within the time specified in the warranty letter. In the event of an emergency repair accident involving structural safety or seriously affecting the use function, the construction unit shall immediately arrive at the site for emergency repair after receiving the warranty notice.

1. Decoration leakage to the downstairs and upstairs is not necessarily responsible. The details are as follows:

1) If it is within the warranty period, the developer is responsible for exceeding the warranty period;

2) If it is the responsibility of the water supply unit, the water supply unit is responsible for maintenance;

3) If it is not the responsibility of the water supply unit, the owner shall be responsible.

2. Legal basis: Article 286 of the Civil Code of the People's Republic of China.

The owner shall abide by the laws, regulations and management regulations, and the relevant behaviors shall comply with the requirements of resource conservation and ecological environment protection. The owner shall cooperate with the property service enterprises or other managers in accordance with the law in implementing emergency response measures and other management measures in accordance with the law.

The general meeting of owners or the owners' committee has the right to request the perpetrator to stop the infringement, remove the obstruction, eliminate the danger, restore the original state, and compensate for the losses in accordance with laws, regulations, and management regulations for acts that harm the lawful rights and interests of others, such as arbitrarily disposing of garbage, discharging pollutants or noise, raising animals in violation of regulations, building in violation of regulations, encroaching on passages, and refusing to pay property fees.

Where the owner or other actor refuses to perform the relevant obligations, the relevant parties may report or complain to the relevant administrative department, and the relevant administrative department shall handle it in accordance with law.

Article 288.

The adjacent rights holders of immovable property shall correctly handle the adjacent relationship in accordance with the principles of conducive to production, convenient life, solidarity and mutual assistance, fairness and reasonableness.

2. What are the procedures for signing a house purchase contract?

The process of signing a purchase contract is as follows:

1. When the buyer and seller sign the purchase contract, they need to prepare the relevant property right certificate;

2. When signing the contract, check whether the date and method of delivery and the liability of both parties for breach of contract are written in the contract;

3. When the house is handed over, the buyer can ask a qualified institution recognized by the real estate management department to measure the area of the house.

The upstairs has not been renovated, the downstairs is leaking, who is responsible

There are two reasons for water leakage, one is that the waterproof treatment of the upstairs decoration is unqualified, and the other is the quality 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.

Article 83 of the General Principles of the Civil Law stipulates that the adjacent parties to the immovable property shall, in accordance with the spirit of conducive to production, convenient life, solidarity and mutual assistance, fairness and reasonableness, correctly handle the adjacent relationship in terms of water interception, drainage, passage, ventilation and lighting. Where obstructions or losses are caused to neighboring parties, the infringement shall be stopped, the obstruction removed, and the losses compensated.

If the adjacent party does not comply with the court's judgment, the injured party can ask the construction team to repair it from the downstairs, and the expenses incurred can be filed with the court to claim compensation from the upstairs owner. If the upstairs does not pay compensation, it can apply to the court for enforcement. Therefore, if the water leakage caused by the canopy is not caused by the downstairs, it is the responsibility of the upstairs, and the upstairs is responsible for repairing the water to no longer leak to the downstairs and compensating for the corresponding losses downstairs.