Who is responsible for broken glass outside the residential complex?

Hello, the glass curtain wall is a part of the building, which should be counted as a public area is more reasonable, and the unreasonable damage should be borne by all owners. If the broken glass curtain wall is due to quality problems, then the developer or manufacturer should be held responsible.

According to the provisions of Article 40 of the Regulations on the Quality Management of Construction Projects issued by the People's Republic of China.

Article 40. Under normal use conditions, the minimum warranty period for construction projects is:

A) infrastructure engineering, housing construction 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) Electrical pipelines, water supply and drainage pipelines, equipment installation and decoration projects, for 2 years.

The warranty period for other items shall be agreed between the employer and the contractor.

The warranty period of the construction project shall be calculated from the date of acceptance of the completion of the project.

Article 41.

If a quality problem occurs within the warranty scope and warranty period of the construction project, the construction unit shall perform the warranty obligation and be liable for compensation for the losses caused.

Then it depends on what the situation, if it is an accident, then look for a property, if it is because? Then take it upon yourself.

1. The details of the broken glass of the owner of the community are as follows:

1) If the glass is indeed a building quality problem, then it should be borne by the developer, but the premise is that the house is still within the warranty period;

2) In the case of man-made sabotage, the saboteur is responsible.

2. Legal basis: Article 712 of the Civil Code of the People's Republic of China The lessor shall perform the maintenance obligation of the leased property, unless otherwise agreed by the parties.

Article 713.

The lessee may request the lessor to repair the leased property within a reasonable period of time when the leased property needs to be repaired. If the lessor fails to perform the maintenance obligation, the lessee may repair it by itself, and the maintenance cost shall be borne by the lessor. If the use of the leased property is affected by the maintenance of the leased property, the rent shall be reduced or the lease term shall be extended accordingly.

If the leased property needs to be repaired due to the fault of the lessee, the lessor shall not bear the maintenance obligation provided for in the preceding paragraph.

Article 714.

The lessee shall properly keep the leased property, and shall be liable for compensation if the leased property is damaged or lost due to improper storage.

2. How do owners protect their rights and interests?

The methods for owners to protect their legitimate rights and interests are as follows:

1. Pay attention to signing a good contract;

2. Check whether the service is in place according to the terms of the contract;

3. It is necessary to clarify the person responsible for rights protection and protect rights rationally.

First of all, it is necessary to investigate the cause of the glass burst, and if the glass is indeed a building quality problem, then it should be borne by the developer, but the premise is that the house is still under warranty. Such responsibilities are clear, the developer must take responsibility, and then the developer can go to the contractor to hold them accountable. At present, in fact, the property management office and the developer are the same family, in fact, the property can replace the developer's responsibility.

Clarify the scope of property maintenance:

First: In fact, this is mainly stipulated in the property service contract, in other words, the obligations of the property service enterprise stipulated in the property service contract are the legal obligations that the property service enterprise must perform; There is absolutely nothing wrong with this, and it is the only basis; Because property service enterprises work on the basis of property service contracts;

Second: it is generally believed that the maintenance of all public areas such as facilities and equipment in public areas should be maintained by property service companies, which is the scope of property maintenance in a broad sense.

Legal analysis: Broken glass can be regarded as damage to personal property applicable to civil law. Its responsibilities are clear and should be the responsibility of the suspect, the person who broke the glass, and has nothing to do with the property.

If there is a property duty, the police will dispose of the property. The relationship between the owner and the property is a contractual relationship in civil law. What obligations the property bears are determined by the property management contract and the state's regulations on the property management industry.

The property has no property and security duties to the owner, except in the case of the duty of custody applicable under property law, that is, to give the keys to the property and pay for the cost of safekeeping, and to sign a contract.

Legal basis: "Regulations of the People's Republic of China on the Administration of Energy Conservation in Civil Buildings" Article 23 The minimum warranty period for thermal insulation projects is 5 years. Doors and windows are part of the building envelope and should be thermal insulation works, and their warranty period should also be 5 years.

Under normal use conditions, the developer is responsible for repairing the problems that occur during the warranty period of qualified doors and windows, and is no longer responsible after the warranty period. However, for unqualified doors and windows, whether within the warranty period or outside the warranty period, the developer is responsible for repair and maintenance.