How much responsibility should be borne for the leakage of water from the 7th floor to the 5th floor

The amount of compensation is reasonable and generally needs to be decided on a case-by-case basis. According to the relevant provisions of the relevant laws and regulations and their judicial interpretations, there is no fixed formula for the standard of general compensation for upstairs water leakage, and the party who suffers the loss needs to keep the evidence collected on the spot and list the lost items before it can be evaluated by the relevant agencies before it can be implemented.

Legal analysis

Water leakage upstairs will cause losses downstairs, and the general compensation is mainly based on money, and the amount depends on the value of the lost things. If there is a water leak upstairs, and the newly bought TV and sofa are soaked in water, and they are damaged due to water soaking, then how much money the TV sofa has just bought back, how much compensation can be obtained. This compensation is generally determined on a case-by-case basis, and there is no fixed amount of compensation.

Civil compensation is limited to actual losses, including actual losses of things, related losses, expenses incurred in rework, repairs and lost work costs. If the upstairs leaks and causes losses to the parties: as long as the parties can prove that the losses of the parties are caused by the reasons (fault liability) of the upstairs residents, they can claim compensation from them; If the two parties cannot reach an agreement on the amount of compensation through negotiation, it shall be handled with reference to the civil dispute.

In addition, when renting a house, everyone can pay attention to the water pipes, walls or something, find a problem to discuss with the landlord, and such as when you get home, the water at home is rising, first take a photo first, speak with evidence, the tone is better, you should fight for your own rights and interests, and sometimes you can also take a step back, after all, they are also neighbors, and sometimes they are indeed distant relatives who are not as good as close neighbors.

Legal basis

Civil Code of the People's Republic of China

Article 1184: Where the property of others is infringed upon, the property losses are to be calculated in accordance with the market or other reasonable methods at the time the losses occurred.

Article 288:Owners of adjacent rights to immovable property shall correctly handle adjacent relationships in accordance with the principles of conducive to production, convenience of life, solidarity and mutual assistance, and fairness and reasonableness.

Article 289:Where laws and regulations have provisions on the handling of adjacent relationships, follow those provisions; Where laws and regulations have no provisions, local customs may be followed.

Article 290:Owners of immovable property rights shall provide necessary facilities for the use of water and drainage by adjacent rights holders. The use of natural flowing water shall be reasonably distributed among the adjacent rights holders of the immovable property. The discharge of natural flowing water shall respect the natural flow direction.

If the water on the 5th floor comes from the 6th floor, find the 6th floor, and then if the water on the 6th floor comes from the 7th floor, then find the 7th floor on the 6th floor, and if there is no human fault on the 6th floor, the 7th floor will compensate the 6th floor for the loss including the loss that the 6th floor has already compensated for the 5th floor.

Summary. Dear, hello, the questions you consult are as follows: 1. First of all, it is necessary to see the cause of water leakage, if the drainage pipe is leaking, it is caused by the quality of the house, and your house has just moved in, according to the article 40 of the Regulations on the Quality Management of Construction Projects

Under normal use conditions, the minimum warranty period for construction projects is:

2) Leakage prevention of roof waterproofing works, toilets, rooms and exterior walls with waterproof requirements, for 5 years" According to this, your house is still within the warranty period, and you can find the developer to bear the corresponding responsibility.

2. If the cause of the leakage is caused by the decoration of your home, but because it is the leakage of the balcony drainage pipe, if it is the drainage of the whole building, it belongs to the implementation of public drainage, and the developer and the property have the obligation to ensure that the leak-proof equipment of the entire building can be normal.

3. Because it is a leakage of public drainage pipes, the developer has an unshirkable responsibility in any case, it is recommended that you residents find the developer together, insist that the developer take responsibility, if the developer resolutely does not take responsibility, you can file a lawsuit with the court, and the appraisal agency designated by the court will identify the cause of the water leakage, and determine how to bear the responsibility according to the appraisal results. To sum up, you can negotiate with the developer in advance, and if the negotiation fails, file a lawsuit with the court as soon as possible, and require the developer to bear the corresponding responsibilities and protect the legitimate rights and interests. I hope mine can help you and have a great day!

The water on the sixth floor leaks directly to the fourth floor who is responsible.

Hello, I have seen your question and am sorting out the answer, please wait a while

Dear, hello, the questions you asked are as follows: 1. First of all, it is necessary to see the cause of the leakage, if the drain pipe leaks, it is caused by the quality of the house, your house has just moved in, according to the "Regulations on the Quality Management of Construction Projects" Article 40: "Under normal use conditions, the minimum warranty period of the construction project is:

2) Roof waterproofing and leakage prevention of toilets, rooms and exterior walls with waterproof requirements, for 5 years "According to this, your house is still under warranty, and you can find the developer to bear the corresponding responsibility. 2. If the cause of the leakage is caused by the decoration of your home, but because it is the leakage of the balcony drainage pipe, if it is the drainage of the whole building, it belongs to the implementation of public drainage, and the developer and the property have the obligation to ensure that the leak-proof equipment of the entire building can be normal. 3. Because it is a leakage of public drainage pipes, the developer has an unshirkable responsibility in any case, it is recommended that you residents find the developer to change the slag together, insist that the developer take responsibility, if the developer resolutely does not take responsibility, you can sue the court, and the appraisal agency designated by the court will identify the cause of the water leakage, and determine how to bear the responsibility according to the appraisal results.

To sum up, you can negotiate with the developer in advance, and if the nuclear shed fails to negotiate, file a lawsuit with the court as soon as possible, and require the developer to bear the corresponding responsibilities and safeguard the legitimate rights and interests. I hope mine can help you and have a great day!

Legal analysis: The upstairs water leakage may be the cause of the upstairs residents or the developer, but whatever the reason, you should first claim compensation from the upstairs residents, and if there is sufficient and sufficient evidence to prove that it is the developer's fault, the developer will compensate. There may also be situations where the developer and the upstairs occupant blame each other, and you can negotiate with the upstairs occupant based on the estimated amount of the loss suffered, and if the negotiation fails, you should file a lawsuit with both parties to determine the attribution of responsibility and make up for the losses suffered.

Legal basis: Article 287 of the Civil Code of the People's Republic of China? The owner has the right to request the construction unit, property management service enterprise or other managers and other owners to bear civil liability for their infringement of their legitimate rights and interests.

Summary. Liability based on fault means that you can prove that you are not responsible for the water leak in your home. It is necessary to see whether the cause of the accident is related to the sixth floor If the loss caused by water leakage should be compensated by the responsible party.

The roof on the 7th floor leaks to the 6th floor, who is responsible?

Liability based on fault means that you can prove that you are not responsible for the leakage of your pants in the house. It is necessary to see whether the cause of the accident is related to the sixth floor If the loss caused by water leakage should be compensated by the responsible party.

If this is due to hail on the seventh floor, such as the doors and windows are not closed, the typhoon precautions are not in place, etc., causing water leakage in their own house and overflowing to the six-source high-rise building, the seventh floor is liable for compensation.

Generally, after the delivery of the new house, the water quality on the top floor is guaranteed for five years, and if such a phenomenon occurs after the five-year period, it is recommended that both parties communicate with the property first.

Legal analysis: If the water leakage in the home caused by others repairing solar energy on the roof of your house is caused by improper operation, and the other party is at fault, resulting in water leakage, resulting in loss of life and property, it constitutes a tort in law, and you can require the other party to bear legal responsibility such as repair, apologize, and compensate for losses.

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

Article 117:Those who encroach on the property of the State, the collective, or the property of others shall return the property, and where the property cannot be returned, compensation shall be made at a discounted price. Where the property of the State, the collective, or the property of others is damaged, it shall be restored to its original state or compensated at a discounted price. Where the victim suffers other major losses as a result, the offender shall also compensate for the losses.

Article 6: Where actors infringe upon the civil rights and interests of others due to their fault, they shall bear tort liability.

1) Cease the infringement;

2) removal of obstructions;

c) eliminate the danger;

4) the return of property;

5) restitution;

6) Compensation for losses;

7) Apologize;

8) Eliminate the impact and restore the reputation.

If it is within the warranty period, the developer is responsible, and if the warranty period is exceeded, if it is the responsibility of the water supply unit, the water supply unit is responsible for maintenance, and if it is not the responsibility of the water supply unit, the owner is responsible.

1. How to deal with the water leakage of the building built by the developer.

If the house built by the developer leaks, if it is within the 5-year warranty period, the developer can be held responsible, and if there is a crack in the house due to personal actions, then the individual is responsible. If it is not within the 5-year warranty period, but the water leakage is caused by cracks in the main structure of the house, then you can negotiate with the owners of the building to enable the public maintenance of the house** to repair.

Second, how to deal with the water leakage of the upstairs house.

Upstairs house leakage treatment, subject to availability:

1. If the water leakage on the upper floor is actually caused by the upstairs neighbor, the damaged owner can explain the situation to the upstairs or neighbors according to the situation, and make a maintenance request and compensate for the losses caused during the maintenance period;

2. If the leakage of the house is not man-made and is still within the warranty period, the developer will bear the corresponding responsibility. Of course, if it is a top floor resident, the water leakage on the upper floor must be repaired by the developer or property management company at the expense;

3. If the upstairs neighbor does not cooperate or does not repair it in time, the damaged owner can deal with it in accordance with the relevant regulations and submit it to the defense and oak court, and the construction team can also be required to compensate the party who can apply to the court for compulsory enforcement.

3. Is the property responsible for the leakage of the outer balcony?

There is no responsibility for balcony leakage property, balcony leakage is two situations, one is water leakage within the warranty period, and the other is water leakage after the warranty period, and the treatment situation is different. The warranty period of the commercial housing for the owners of the new community is 10 years, the first five years are repaired and maintained by the developer, and the property company is responsible for the maintenance for the last five years, which is free of charge during this period. After the warranty period, you can also ask for property maintenance, but paid service is required.

Regulations of the People's Republic of China on Property Management

Article 6 The owner of the house is the owner.

Article 31 The construction unit shall, in accordance with the warranty period and scope stipulated by the state, bear the warranty responsibility for the property.

Article 51: Units such as for water supply, power supply, gas supply, heat supply, telecommunications, and cable television shall, in accordance with law, bear responsibility for the repair and maintenance of relevant pipelines, facilities, and equipment within the property management area. Where the units provided for in the preceding paragraph temporarily occupy or excavate roads or sites due to the needs of repairs or maintenance, they shall promptly restore the original ones.