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Property sector. If the upstairs water leakage is not repaired, you can find the property department to coordinate, or ask the housing quality inspection department to make an appraisal report on the cause of the water leakage in the house and how to repair the leakage, and then file a lawsuit with the court according to the report.
Legal basis: Article 288 of the Civil Code provides that 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.
Properties with leaky roofs may not refuse to pay strata fees. Legal Express reminds you that, according to the regulations, it is the obligation of the owner to pay the property fee, and the property can complain to the relevant local management department if the house leaks water. The consequence of the arrears of property fees is that the property will stop the property services, and if the amount of arrears is large, it may be sued by the property management company to demand payment of the property fees; If the owner and the property user agree that the property user shall pay the property management service fee, the owner shall be jointly and severally liable for the payment.
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The upstairs leaks and goes downstairs to find the property to solve it, because the property is the person in charge of the community management.
1. If it is a waterproof house delivered by the developer, there is a quality problem. 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.
2. If the waterproof treatment is unqualified during the upstairs decoration. 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 the owner of the upstairs refuses to cooperate with the property, he should take a picture of the evidence, such as **, **, etc., and can respond to the situation through the owners' committee and the community police.
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.
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1. Who should be found to deal with the water leakage downstairs upstairs, depending on the situation
1) If the house is leaking and the property is not repaired, you can complain to the relevant property management department;
2) But if the water leakage is more serious, you can find the owner upstairs for rectification first.
2. Legal basis: Article 63 of the Construction Law of the People's Republic of China.
Any unit or individual has the right to report, accuse and complain to the construction administrative department or other relevant departments about the quality accidents and quality defects of construction projects.
Article 62.
The construction project implements a quality warranty system.
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 ***.
2. What are the causes of water leakage in the house?
1. Water pipe leakage, water pipe rupture, poor connection and other reasons will lead to water pipe leakage;
2. Building structure problems, because of disrepair, cutting corners when building houses, poor quality of decoration materials used, etc., the house is prone to water leakage;
3. The construction of the waterproof layer is not perfect.
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First of all, you can coordinate with the property to find the cause of the water leakage, or ask the relevant quality inspection department of the house to inspect the cause of the water leakage in the house, and make an appraisal report on the specific compensation method.
If the upstairs occupants are unwilling to coordinate, they can file a lawsuit with the court, and as long as the parties can prove that the upstairs residents caused the water leakage problem, they can apply to the upstairs residents for compensation.
You can't call the police if there is a water leak upstairs.
The water leakage upstairs is a community dispute, and you can find the property company first. If the property management company can't solve the problem, you can find a mediator of the community neighborhood committee. At the same time, evidence of audio and video recordings, as well as evidence of damage caused by water leakage, was also left.
If the protection of rights is not effective, it is better to file a lawsuit with the court to demand that the infringement be stopped and that the damages be compensated. Water leakage upstairs is not a matter within the jurisdiction of the public security organs, and judicial resources should not be wasted.
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Upstairs leaks water downstairs to find upstairs residents or find property to deal with.
Water leakage upstairs, causing losses to the parties:
1. As long as the party can prove that the loss of the party is caused by the reasons and fault liability of the upstairs resident, it can claim compensation from it;
2. 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.
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Find the property department.
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.
Housing leakage can be solved through negotiation between the property and the developer, and if the negotiation fails, you can find the competent department (Construction Bureau, Quality Supervision Bureau, etc.) to complain and reflect, in addition to filing a civil lawsuit with the people's court.
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