Is it legal for the residents on the top floor to do their own waterproofing? Do the residents downs

Legitimate. Make a waterproof layer on the roof of their own house to avoid the damage caused by leakage, and the downstairs residents have no right to object, which only refers to the waterproof treatment, rather than building a building on it, and the residents of the whole building have the right to use it, and cannot use it exclusively.

Legal analysis

When the roof leak needs to be repaired, all users downstairs should share the cost equally. If there is no special agreement, the roof belongs to the common part and should be shared. Waterproofing of the roof may involve problems of adjacent rights, such as the upward transportation of building materials to affect the passage of residents, the sound of construction may interfere with the rest of the residents downstairs, and the waterproof quality is not good or the original waterproof system is damaged and affects the residents downstairs.

However, in any case, waterproofing the roof is a civil act, and there is no need for the state administrative organs to participate in the organization or management. Civil acts are, of course, also personal acts. Nor can the conduct of an individual affect the civil conduct of others.

If the roof of the building is waterproofed and may affect the normal life of the residents downstairs, it shall be notified. Otherwise, the downstairs residents have the right to interfere and claim compensation for any losses caused. For commercial housing, the warranty period of the waterproof layer on the roof is five years, therefore, if the top floor of the purchased real estate seeps water during the waterproof warranty period, it is the responsibility of the developer, and the developer is obliged to repair it free of charge.

If there is water seepage on the roof during the warranty period, and the developer does not fulfill its obligations, then complain to the Consumer Association, the housing and construction department and the quality supervision department. If the roof is beyond the warranty period, there is nothing to do with the developer, because the roof is shared by the public, that is the responsibility of all owners. If the water seepage is not serious, a small repair is sufficient, then all the owners discuss the maintenance cost sharing, and after reaching a consensus, they will collect the money and find the property to repair it.

If the water seepage is serious, such as the roof is seriously cracked, then it needs to be overhauled, apply for overhaul first**, if you apply down, then the owner does not have to bear the maintenance cost; If the application for repair** is not approved, then only the owner of the building will have to share the cost of the repair.

Legal basis

Civil Code of the People's Republic of China

Article 271: The owner shall have ownership of the exclusive parts of the building, such as residential and commercial buildings, and shall enjoy the right of co-ownership and joint management of the common parts other than the exclusive parts.

Article 281: Funds for the maintenance of buildings and their ancillary facilities belong to the owners. 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.

It is legal to do waterproofing, whether it is a house or a commercial house, as long as it is not illegal, such as the roof leakage on the top floor, the top floor is waterproof, and the downstairs user should pay the money, and the rain leakage cannot be repaired because the downstairs user does not agree.

If the solar energy downstairs is placed on the top floor and the top floor leaks, then the cost of waterproofing needs to be shared equally by all households. The upstairs house is waterproof if it leaks, and the downstairs opposition is definitely invalid.

I think they all live in one floor, and if you do something that hurts the rights and interests of other residents, then other residents can complain about you.

1. Do the top floor be waterproof and the downstairs residents should be shared equally?

1. The top floor is waterproof, and the downstairs residents generally need to share it equally. The top floor belongs to the common part, and the owner has the ownership of the exclusive part of the building, such as residential and business buildings, and the right to jointly and jointly manage the common part other than the exclusive part, and the maintenance funds of the building and its ancillary facilities belong to the owner of the whole building.

2. 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.

2. What matters are decided by the owners together.

1. Formulate and revise the rules of procedure of the general meeting of owners;

2. Formulate and revise the management regulations of buildings and their ancillary facilities;

3. Elect the owners' committee or replace the members of the owners' committee;

4. Selecting and dismissing property service enterprises or other managers;

5. Raise and use funds for the maintenance of buildings and their ancillary facilities;

6. Reconstruct and reconstruct buildings and their ancillary facilities;

7. Other major matters related to co-ownership and co-management rights.

Even then, everyone is worried that the waterproofing of the top floor will appearSafety hazardsIt is very likely that everyone will always be worried, and everyone buys a house to live better at ease. It is proposed to resolutely abandon the top floor of the building, which not only has the problem of waterproof materials, but also needs to worry about the anti-theft system and thermal insulation. If the questioner can pass the inner barrier, the roof waterproofing operation and raw materials are likely to be different, and the roof is also different from the sloping roof.

Moisture-proof warranty at this stage.

It's all over 5 years, and the structure of the building is all lifelong, so there's no need to worry about it.

The method and raw materials, although very perfect, are constructed.

After all, it is manual work, whether the processing technology is meticulous, whether the edge and weak points are solved in time, and whether the docking position is strictly implemented according to the standard.

Solution, these are all security risks.

Water is drilled when it sees a crack, and as long as there are weak links, water leakage will occur over time; The flat roof position is exposed to the sun and rain for a long time, and under extreme conditions, the aging rate of the protective layer is faster, and once the shell is cracked, the water will seep in, and it will be retained in the middle insulation layer to produce water storage, which will last for a long time.

It will leak into the room according to the weak point of the flat roof cement. The newly built house is not a water seepage problem that can be seen when the project is accepted! This is also a lot of people do not understand the construction industry, no matter whose house, after the construction of the concrete structure, will still close the foundation settlement, although it is a millimeter down, the top will occur, because the concrete is mandatory, sometimes it happens within two years, some real estate developers do protective measures on the roof, but it will still leak, especially around the surrounding edge of the house will leak, so the top floor of the building is cost-effective, generally understand people.

It is not a lot of money to do a good job of moisture-proof solution. The flat roof of engineering building should first be hydrophilic.

That is, after the precipitation reaches the flat roof, it can immediately flow away along the slope and drainage pipe of the design plan, instead of creating hoarding on the roof. But in specific life, one is related to the construction of the project.

The roof slope manipulation is not timely, and the second is that the flat roof is very easy to accumulate dust and wasteIf it is not treated immediately, it is very easy to block the roof downspout. If the stored water cannot be drained immediately, it means that the water will accumulate on the flat roof, and the probability of water leakage will definitely increase greatly.

Now the waterproofing effect of the top floor is very good; When receiving the room, we must first verify whether there is water leakage, check the stuffiness of the room, look at the overall lighting, and see whether the information, materials and contracts are complete, and whether there is a quality assurance certificate and instruction manual.

Most of the top floor waterproofing is now done well, generally don't worry, live on the top floor to pay attention to the elevator, if the power outage is very difficult, so the elevator is good, there is no problem.

Now the waterproof effect of the top floor is very good; When receiving the house, you must pay attention to its size, layout, orientation, and whether the materials used are the same as those written in the cooperation, if they are different, they can be compensated.

I think it depends on the situation, if the owner of the top floor knows that the water leak will affect the residents downstairs but still does not rectify it, then there is a certain amount of responsibility for this. If it's the opposite, then don't have too much responsibility.

I believe that everyone will always encounter water leakage in the community, and water leakage in the community is a very normal phenomenon, generally due to the ceiling.

and changes in the structure of water pipes. However, once there is a water leak between the upper and lower floor residents, it will always cause a lot of disputes.

First of all, we have to depend on the situation, the water leakage on the top floor is not the subjective consciousness of the owner of the top floor, nor is it intentional. I think the fundamental problem lies in the property unit, and the reason why there is a water leak on the top floor is that the structure of the house and other aspects of the structure are not reasonable. So, in the final analysis, the primary responsibility lies with the property unit.

In addition to the above, if the owner of the top floor knows that there is a leak in the ceiling. But if he is still allowed to leak water, thus affecting the residents downstairs, then he will be held responsible in this case. Because the owner of the penthouse in this case is subjective and not unintentional, and therefore responsible.

If we encounter similar events in our lives, we can report the problem to the property in time. <>

When encountering such a thing, we have to come forward to communicate with the owner of the top floor as soon as possible. If you can't solve the problem through communication, you can choose to report the problem to the property and property rights unit. After all, this aspect is the responsibility of the property and the property unit, and they also have the obligation to solve such similar problems.

If this method does not solve the problem, then there is a legal route. We can file a complaint with the housing and urban development department and ask the local housing and urban development department to come to the door to solve the problem, and the housing and urban development department will generally order the owner of the top floor to rectify the problem. <>

There is no need to be responsible, mainly because of the quality of the house, which has little to do with whether the owner decorates or not, and needs to find the developer to take responsibility.

If it should be the responsibility of the developer during the warranty period of the house, it should be solved with the assistance of the property management company; If the warranty period is exceeded, it should be the responsibility of the property company, of course, the property company will use major repairs to repair the company. If there is no property management company, you can only be responsible for it after the warranty period.

I think this situation needs to be done by Dazhe, after all, it is some of their actions that cause this situation to happen, and they need to compensate the downstairs, and they also need to repair it.

The roof of the house is a common part, and all owners of the roof should be responsible for repairing the leakage of the roof.

Article 72 of the Property Law of the People's Republic of China stipulates that the owner shall have 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.

The ownership of the roof space belongs to all the owners of the subdivision, and in principle, it cannot be used exclusively by the owners of the super-floor subdivision. Because the building is owned by the owner of the whole division, it has no relationship with the developer, and the developer has no right to dispose of it.

Therefore, all owners of the division have the right to co-ownership and joint management of the roof, and share the obligations.

Do I have to do waterproofing on the roof? Can it be done indoors?

Hello dear, I'm happy to answer your questions Do waterproofing must be done on the roof, but what can be done indoors. Waterproofing is usually a treatment that is performed in areas where protection from moisture intrusion is required. While a common application for waterproofing is in outdoor areas such as rooftops, basements, or terraces, waterproofing can also be done indoors.

Indoors, the need for waterproofing is often seen in areas where moisture needs to be prevented from penetrating into walls, floors, or other structures, such as Zen Woomu bathrooms, kitchens, laundry rooms, and basements. The main purpose of indoor waterproofing is to ensure that these areas are free from moisture damage to prevent problems such as water leakage, mold and structural corrosion. The method of indoor waterproofing can vary depending on the specific needs and circumstances.

Common indoor waterproofing methods include the use of waterproof paints, waterproof glues, waterproof membranes, waterproof flooring or wall panels, etc. These materials can be used on walls, floors, ceilings, and other surfaces that require waterproofing.