The upstairs of my house leaked the downstairs ceiling, and I would like to ask whose responsibility

Updated on home 2024-07-14
9 answers
  1. Anonymous users2024-02-12

    In the event of an upstairs water leak, the first thing to do is to clarify the status. One is to prove that it was not man-made to damage, and if this is the case, then it is up to you to solve the problem yourself. The second is to find out that it is the responsibility of the neighbors who caused the water leakage on the upper floor.

    In order to find out the situation, the damaged owner can ask the property quality inspection department to identify the cause of the water leak and how to repair it. The third is to see whether the house is still within the warranty period, because generally the water quality warranty for new buyers is 5 years, and the pipeline warranty is 2 years. If the house leaks water is not man-made, and it is still within the warranty period, the developer has to take the corresponding responsibility.

    Of course, if you are a tenant on the top floor and there is a water leak on the upper floor, it must be repaired by the developer or the property company, and they will also bear the cost.

    2. Methods of negotiation execution.

    After ascertaining the situation, if the cause of the upstairs water leakage is actually caused by the upstairs neighbors, the damaged owner can explain the situation to the upstairs or neighbors according to the situation he knows, and put forward a repair request and compensation for the damage caused to him during the repair period.

    If the upstairs neighbor does not cooperate or does not repair it in time, the damaged owner can follow Article 83 of the General Principles of the Civil Law: "The adjacent parties of the immovable property shall correctly handle the adjacent relationship in terms of water interception, drainage, passage, ventilation and lighting in accordance with the spirit of conducive to production, convenient life, solidarity and mutual assistance, fairness and reasonableness." Where obstructions or losses are caused to neighboring parties, the infringement shall be stopped, the obstruction removed, and the losses compensated.

    Take the dispute to court.

    When the upstairs neighbor ignores the court's decision, the injured party can first ask the construction team to repair it, and then demand compensation from the upstairs neighbor through the court in accordance with the relevant laws and regulations. In addition, when the upstairs neighbor does not take the initiative to compensate, the injured party can apply to the court for enforcement.

  2. Anonymous users2024-02-11

    Hello, this responsibility is upstairs.

    First of all, you need to communicate with the upstairs (you can let the property management participate), find out where the leakage point is, let them deal with it as soon as possible, if the upstairs agrees to deal with it, your ceiling is not too damp to deal with it yourself! Let's not talk about compensation, as long as it doesn't leak in the future.

    Secondly, if the upstairs does not agree to deal with it, and the property management cannot negotiate, the only way to go through the legal process is to apply for compensation.

  3. Anonymous users2024-02-10

    It's upstairs reasons. Generally, there are two situations of ceiling leakage, one is the damage of the waterproof layer upstairs that causes the ground to leak, and the other is that the floor drain or sewer pipe of the upstairs bathroom is not closed, etc., there are gaps around the pipe root that cause water leakage downstairs, you can ask the property to find out the cause, and then the property will come forward to ask the upstairs owner to repair. In addition, if it is your own code family to sell maintenance, you should find a specific leakage point, and then re-pave the cement on the leakage part, and finally paint the waterproof coating.

    1. How to deal with ceiling leakage?

    1. If it is only a local leakage of the ceiling, the maintenance process will be relatively simple, only need to apply waterproofing agent or asphalt on the seepage surface; If there are obvious cracks in the ceiling, you need to remove the surface cement first, find the brick joints to clean up the internal sediment, re-use cement slurry to fill it, and then make a layer of waterproofing and brush the cement.

    2. What's the deal with the ceiling leakage?

    1. Carefully observe the water leakage of the ceiling and make corresponding records. At this time, you can turn on the faucet and toilet to let it come out with a large amount of water, and carefully see if the leakage will increase, and if so, it will be said that the leakage caused by broken pipes will increase.

    2. Check whether it is a pipeline leakage, which is mainly divided into upper water pipe leakage, lower pipe leakage, floor drain interface leakage, and toilet interface leakage. If the upper water pipe leaks, there will be continuous and uninterrupted characteristics, and even the phenomenon of increasing the leakage, and the leakage will decrease after closing the water valve.

    3. If it is raining, there will be water leakage by the window, and the indoor wall will be damp, and even mildew and powder will appear. This means that there is a problem with the sealing between the window frame and the wall, and the gap needs to be sealed with sealant.

    4. When taking a bath or mopping the floor, the indoor ground and wall may produce stagnant water, and the leakage that occurs in this case is called surface leakage. In addition, by checking the leakage of the pipeline, if none of them belong, then the only remaining pipeline leakage is the surface leakage.

    3. What are the causes of ceiling leakage?

    1. The floor drain in the bathroom or kitchen of the upstairs resident is blocked, so that the stagnant water leaks out through the casing of the heating pipe, so that the downstairs ceiling is wet. As for the solution, it is necessary to fill the gap between the heating pipe and the casing pipe of the upstairs resident, and then fill and smooth it with putty.

    2. It is also possible that the waterproof layer of the upstairs bathroom or kitchen is not done well, which may also cause the ceiling to leak. However, in this case, you need to knock off the floor tiles and re-do the waterproofing, so as to avoid the possibility of water leakage again in the future.

  4. Anonymous users2024-02-09

    Downstairs ceiling leaks are not necessarily caused by upstairs.

    Although this situation is relatively common.

    There are several possible causes of a downstairs ceiling leak, including:

    1.Upstairs leaks: When there is a leak in the pipes, faucets, bathtubs, toilets, or other water sources upstairs, the water may seep into the ceiling downstairs, causing a water leak.

    2.External leakage: Rainwater infiltration or other water sources from the outside of the building, such as dew, melting snow and ice, may seep into the downstairs ceiling through the walls or roof of the building.

    3.Plumbing problems: Leaks in the downstairs ceiling can be caused by problems with the downstairs's own plumbing, such as cracked, aged, or abnormal water flow.

    4.Chain reaction: Sometimes the leakage in the thick ceiling downstairs may not be directly related to the upstairs. For example, a leak in your neighbor's upstairs may seep into your ceiling through shared walls or pipes.

    For the leakage and water leakage of the downstairs ceiling, it is best to check and locate the problem as soon as possible, and take appropriate measures to fix it. If you can't identify a specific cause or can't fix the problem, consider having a professional plumber or repairman inspect and fix it. <>

  5. Anonymous users2024-02-08

    Summary. Hello, it is the responsibility of the downstairs to knock on the ceiling illegally and cause water leakage from the upper floor.

    Hello, it is the responsibility of the downstairs to knock on the ceiling illegally and cause water leakage from the upper floor.

    It is recommended that you do the following: 1. First of all, you should protect the scene and fix the evidence. For example, evidence collection such as taking photographs, videos and audio recordings of Yinchun.

    2. To negotiate, you can first find the community property or model the community, let them give advice, or let them go to the downstairs neighbors to negotiate and repair. 3. If the negotiation fails, please have the qualification of the enterprise, such as the first certification center, to the site for evaluation. After the relevant formalities are completed, it is advisable to file a lawsuit with the front court of Fadan.

    Legal basis: Article 296 of the Civil Code: If the owner of immovable property uses 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.

    Brother Chi 1165:Where the perpetrator infringes upon the civil rights and interests of others due to fault and causes harm, he shall bear tort liability. Where it is presumed that the actor is at fault in accordance with or in accordance with the provisions of law, and the actor cannot prove that he is not at fault, he shall bear tort liability. Article 1167:Where the tortious act endangers the safety of the person or property of others, the infringed party has the right to request that the infringer bear tortious liability such as stopping the infringement, removing obstacles, or eliminating dangers.

    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.

    Just missed a few words. It was from the time I moved in to the time he decorated that there was no leakage.

    Hello, you can report to the property, and then ask the court inspector what the test results are.

    If you are renting someone else's house, you can let the landlord handle it.

    During the renovation time downstairs, they were slotted in the ceiling and cut the steel bars in many places, and there were bathrooms and living rooms. At that time, I reported to the property with the grinding grandson, and the property had a certain amount of responsibility.

    It is recommended that you keep evidence 1, socks and cherry blossoms, and the evidence is fixed. For example, the collection of evidence such as photographs, video recordings, etc. 2. Go to the neighbor downstairs and negotiate the repair.

    3. If the negotiation fails, please have the qualification of the enterprise, such as the first certification center, to the site for evaluation. It is advisable to wait for the completion of the formalities for filing a complaint before filing a lawsuit with the court.

    If the behavior downstairs is suspected of infringement, you can ask the other party to compensate you for your losses.

    Thank you, Mr. Wang!

    At present, the downstairs is willing to pay for me to repair it, but the bathroom is the only one. I don't agree, because there are gaps in the floor, it won't take long to wipe a little liter of waterproof adhesive, and I have to re-correct Xiaoqin's new cement slurry, and I have violated the law again. Can it only be the developer who patches it?

    You can contact the developer or find the property to consult how to repair it more appropriately.

  6. Anonymous users2024-02-07

    This situation requires the upstairs occupants to compensate for the economic losses of the downstairs dwellings.

  7. Anonymous users2024-02-06

    Summary. Hello dear, happy to answer your <>

    Upstairs leakage soaked the downstairs ceiling, is the property responsible, if the upstairs owner has the ownership of the facilities and equipment problems resulting in water leakage, the upstairs owner is responsible, the property is not responsible, the Civil Code of the People's Republic of China, Article 7 Under normal use, the minimum warranty period of the housing construction project is: (1) the foundation and main structure engineering, the reasonable service life of the project specified in the design documents; (2) Leakage prevention of roof waterproofing projects, toilets, rooms and external walls with waterproof requirements for 5 years; (3) Heating and cooling system, which is two heating periods and cooling periods; (4) 2 years for the installation of electrical systems, water supply and drainage pipelines, and equipment; (5) The renovation project shall be 2 years.

    The upstairs leak soaked the downstairs ceiling, is the property liable - legal knowledge.

    Hello dear, happy to answer your <>

    Upstairs leakage to the downstairs ceiling judgment swim bubbles, is the property responsible, if the upstairs owner has the ownership of the facilities and equipment problems resulting in water leakage, the upstairs owner is responsible, the property is not responsible, the People's Republic of China Civil Code, Article 7 Under normal use, the minimum warranty period of the housing construction project is: (1) the foundation and the main structure of the project, the reasonable service life of the project as specified in the design documents; (2) Leakage prevention of roof waterproofing projects, toilets, rooms and external walls with waterproof requirements for 5 years; (3) Heating and cooling system, which is two heating periods and cooling periods; (4) The electrical system, drainage pipes and equipment for the group are installed for 2 years; (5) The renovation project shall be 2 years.

    Related extensions: The methods for compensation for flooding the roof downstairs upstairs are as follows: (1) You can negotiate with your upstairs neighbors to deal with it, and after discovering the water leakage, the injured party should first protect the scene and fix the evidence, such as taking photos, video and audio recordings to collect evidence; (2) You can find a small property or community in the bucket area and ask them to give advice, or let them go to the neighbor who has a vertical key upstairs to negotiate and repair; (3) If the negotiation and repair fails, the relevant personnel can be invited to the site of the fiber mill to claim compensation in a fair way.

    Legal basis: Article 7 of the Civil Bank of China Filosis Code provides that under normal use, the minimum warranty period for housing construction projects is: (1) the reasonable service life of the project as stipulated in the design documents for the foundation and main structure engineering; (2) Leakage prevention of roof waterproofing projects, toilets, rooms and external walls with waterproof requirements for 5 years; (3) Heating and cooling system, which is two heating periods and cooling periods; (4) 2 years for the installation of electrical systems, water supply and drainage pipelines, and equipment; The renovation project is 2 years.

    Dear, if you don't know anything, you can consult me at any time, as long as you need it, I am always there

  8. Anonymous users2024-02-05

    Legal analysis: There is a certain responsibility, and the owner has the right to request the owner to bear civil liability for the infringement of his legitimate rights and interests by the construction of the single tong position, the property service enterprise or other managers, and other owners.

    Legal basis: Civil Code of the People's Republic of China Article 285 Property management service enterprises or other managers shall, on the basis of the entrustment of the owners, manage the buildings and their ancillary facilities in the building zoning in accordance with the provisions of Part III of this Law on property management service contracts, accept the supervision of the owners, and promptly reply to the inquiries raised by the owners on the property management services. Property service enterprises or other managers shall implement emergency response measures and other management measures implemented in accordance with the law, and actively cooperate with relevant work.

  9. Anonymous users2024-02-04

    Summary. Legal Analysis: Depends on the circumstances.

    First of all, find out the cause of the water leak: 1Water leakage is caused by the quality of the house does not meet the national standards, during the warranty period, the owner can ask the developer to repair the water leakage of the house and compensate the owner for the losses caused by it.

    The construction unit shall, in accordance with the warranty period and warranty scope stipulated by the state, bear the warranty responsibility of the property. The responsibility is not on the property. 2.

    If the water leak is caused by the upstairs owner, the upstairs occupants should find out the cause of the leak and repair it in time, and should also be liable for the damage caused to the downstairs residents by their misconduct.

    The upstairs leak soaked the downstairs ceiling, is the property liable - legal knowledge.

    Hello dear, I'm glad to answer your <>

    The leakage of the water on the upper floor of the key Huai soaked the downstairs ceiling, the property is responsible, the construction unit should be in accordance with the warranty period and warranty scope stipulated by the state, and bear the warranty responsibility of the property. The responsibility is not on the property.

    Legal Analysis: Depends on the circumstances. First of all, find out the reason for the leakage

    1.Water leakage is caused by the quality of the house does not meet the national standards, during the warranty period, the owner can ask the developer to repair the water leakage of the house and compensate the owner for the losses caused by it. The construction unit shall bear the warranty responsibility of the property in accordance with the warranty period and warranty scope stipulated by the state.

    The responsibility is not on the property. 2.If the water leakage is caused by the upstairs owner, the upstairs residents should find the cause of the leakage in time and repair it, and should also be liable for the damage caused to the downstairs residents by their misconduct.

    Legal basis: Article 296 of the Civil Code of the People's Republic of China: Where the owner of immovable property 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. If the water leakage is caused by the upstairs owner, the upstairs residents should find out the cause of the water leakage in time and carry out maintenance and repair repairs, and should also be liable for the damage caused to the downstairs residents by their misconduct.

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