Is the leakage of a well decorated house the responsibility of the owner or the property responsibil

Division of responsibility for water leakage in the house: The responsibility of the developer is within the warranty period, and if the water leakage is not caused by human reasons, the developer shall bear full responsibility. The property is not responsible for the leakage of the property, but if the property is negligent in its management, or if the problem is not dealt with in a timely manner, resulting in an increase in damage or a more serious problem, then the property is liable.

Legal basis] Article 92 of the Property Law, if the owner of the immovable property uses the adjacent immovable property for the purpose of using water, drainage, passage, laying pipelines, etc., it shall try to avoid causing damage to the adjacent immovable property owner; Where damage is caused, compensation shall be given. (The Property Law will expire on December 31, 2020).

Article 296 of the Civil Code: Where the owner of immovable property rights 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 rights holders. (The Civil Code will come into force on January 1, 2021).

If the well-decorated house is leaking, if it is a newly purchased house, the developer will be responsible for repairing it during the warranty period and bear the costs and losses; If it is not a newly purchased house, the owner will renovate it, and the owner will find the decoration company to solve it according to the decoration contract. If the above reasons are ruled out, the problem is caused by the owner's use, and the owner should bear the responsibility and expense, and the property can help to repair it.

Legal analysis: 1. The waterproof shelf life of the house decoration is normally about three to five years, and when the waterproof layer is damaged and leaks, the team that decorates the house should be directly contacted to be responsible for this problem.

2. When the well-decorated house encounters damage to the waterproof layer and water leakage, the developer of the house should be contacted, but if it is caused by the damage caused by our usual use of the bathroom, the owner himself needs to bear and repair the water leakage.

3. The warranty period of commercial housing is normally about two years, if during the warranty period, the exterior wall of the bathroom of the house leaks, then it is a problem of the quality of the house, in this case, the developer also needs to give a certain amount of compensation, but also need to bear the main responsibility for the leakage of the house.

Legal basis: Article 801 of the Civil Code of the People's Republic of China If the quality of the construction project does not conform to the agreement due to the reasons of the constructor, the employer has the right to request the constructor to repair, rework or reconstruct it free of charge within a reasonable period of time. After repair, rework or reconstruction, if the delivery is overdue, the constructor shall bear the liability for breach of contract.

It should be on a case-by-case basis. If the water leak is not caused by human causes and the house is within the warranty period, the developer will be responsible for repairing it and compensating for the damage. If a neighboring owner causes a water leak, the owner is responsible and compensates for the damage.

Is a leak in the bathroom a property repair or a property owner repair depending on the reason and the responsibility is different:

1. If the main water pipe of the bathroom leaks because of the house decoration, then it is the responsibility of the decoration company or the owner.

2. If the main water pipe of the bathroom is not leaking due to the reason of the decoration company, then the property company is responsible for it.

3. If the main water pipe of the bathroom is still under warranty at this time, then the property company can find the developer to help repair it. If it is no longer within the warranty period, then the property management company can only pay for someone to help repair it.

4. If the main water pipe leaks because the developer did not design the pipe layout when building the building, then it is the responsibility of the developer.

[Legal basis].

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

Article 13. 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.

Summary. Hello, legal analysis: who is responsible for the leakage of the water pipe in the hardcover room:

The responsibility of the property, if it is a public pipeline, the property should be liable, and if it is a private pipeline, the owner should be responsible. 1. The property is responsible for the public facilities and spends from the maintenance; If there is an agreement between the parties to the non-public facilities, the agreement shall be followed, and if there is no agreement, the co-owners shall jointly share it; 2. During the warranty period, if the water leakage is not caused by human reasons, the developer shall bear full responsibility. 3. If it is caused by human causes, if the actor is intentional or negligent, he shall bear tort liability.

Hello, legal analysis: who is responsible for the leakage of the water pipe in the hardcover room: the responsibility of the property, if it is a public pipeline, the property should be liable, and if it is a private pipe, the owner should be held responsible.

1. The public facilities are the responsibility of Shouhui Property and are paid from the maintenance; If there is an agreement between the parties to the non-public facilities, the agreement shall be followed, and if there is no agreement, the co-owners shall jointly share it; 2. During the warranty period, if the water leakage is not caused by human reasons, the developer shall bear all the responsibilities of Gao Qin. 3. If Qi Chunguo is caused by human causes, and the actor is intentional or negligent, he shall bear tort liability.

Legal basis: 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: (1) foundation engineering and main structure engineering, which is the reasonable service life of the project stipulated in the design documents; (2) The leakage prevention of roof waterproofing projects, toilets with waterproof requirements, room fiber disturbance rooms and external walls shall be 5 years; (3) Heating and cooling system, which is two 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 shall be 2 years.

The warranty period for other projects shall be agreed upon by the construction unit and the construction unit.

Summary. If the leakage caused by the leakage of the top roof and the damage of the waterproof layer of the exterior wall, if the house is within the warranty period (the roof waterproof water quality guarantee is five years), the developer shall instruct the building construction unit to repair it; If the warranty period is exceeded, the property shall apply for the use of special public maintenance funds for housing maintenance; If there is no managed property, all owners of the building shall be jointly responsible for maintenance. In the case of non-covered roofs, if there is a leak in the pipes of the indoor public parts (such as the leakage of the main water pipes in the common area), the division of responsibility shall be the same as in Article 1 above; If there is damage and leakage of water pipes and equipment in non-public areas, resulting in water leakage, the responsibility lies with the upstairs neighbor.

If the door and window are damaged and leakage, if it is within the warranty period, it shall be borne by the door and window installation and construction party, and the owner shall bear it if it exceeds the warranty period.

Who is responsible for the leakage of a well-decorated new house and how to deal with it.

If the leakage caused by the leakage of the top roof and the damage of the waterproof layer of the exterior wall, if the house is within the warranty period (the roof waterproof water quality guarantee is five years), the developer shall instruct the building construction unit to repair it; If the warranty period is exceeded, the property shall apply for the use of special public maintenance funds for housing maintenance; If there is no managed property, the owners of the building shall jointly bear the responsibility for maintenance. In the case of non-covered roofs, if there is a leak in the pipes of the indoor public parts (such as the leakage of the main water pipes in the common area), the division of responsibility shall be the same as in Article 1 above; If there is damage and leakage of water pipes and equipment in non-public areas, resulting in water leakage, the responsibility lies with the upstairs neighbor. If the door and window are damaged and leakage, if the key is celebrated during the warranty period, the door and window installation and construction party shall bear the burden, and the owner shall bear the remaining burden beyond the warranty period.

1.It is recommended to confirm the leakage point and the cause of the leakage, and then determine the ultimate responsible party, and then it is necessary to discuss the compensation plan and maintenance plan. Generally, whether it is the original structure or decoration, the waterproof part must be guaranteed for 5 years, and the general decoration company is even higher than this range.

So, first find out where the leak is and what causes it, and then come up with a final solution. 2.If the finely decorated house leaks due to the quality of the decoration, the decorator is responsible for maintenance compensation.

If the leakage is caused by the neighbor's renovation, the neighbor or the company that undertook the renovation for the neighbor will need to compensate for it. The waterproofing of the bathroom must be done well, at least to ensure that there will be no water leakage within 3-5 years. 3.

First of all, distinguish the cause of water leakage, if it is a leaking sewer pipe or buy a hardcover house, it is directly responsible for the property, because it is the original structure of the pipe, each owner has already paid for the maintenance of **, so it is the maintenance part of the building; If it is waterproofing, laying water pipes and drainage pipes during decoration, it is the decoration company or the person in charge of decoration who is responsible for the decoration.