Is the property responsible for water leaks? Is the property responsible for a leaky house

Hello, as a property in the community, you should help the owner to check the leakage of the house, if it is because there is a water leak in the home of the upstairs owner, then the upstairs owner should be responsible, the property can be coordinated from it, as the owner of the community, if there is a water leak at home, you can contact the staff of the property company in time, and ask the staff to check the leakage as soon as possible, and repair it at the same time.

In my opinion, the leakage of the building is the responsibility of the upstairs neighbor, and has nothing to do with the property. You can ask your upstairs neighbor for repairs and compensation. If the upstairs neighbor refuses to repair and compensate, he may file a civil lawsuit with the local district or county court.

Relevant legal provisions: Article 84 of the Property Law, the owner of adjacent rights to 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. Article 85: Where laws and regulations have provisions on the handling of neighboring relationships, follow those provisions; Where laws and regulations have no provisions, local customs may be followed.

Article 92: 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 harm to the adjacent immovable property rights holders; Where damage is caused, compensation shall be given.

If the house leaks, the property is not necessarily responsible. If the house leaks during the warranty period due to the quality of the house itself, the developer should be responsible.

If the water leakage in the common area is not due to the quality of the house itself, but due to normal wear and tear, the property should be responsible for repairs.

If the house leaks, if it is caused by the quality of the house, the property is not responsible. During the warranty period, due to water leakage due to quality problems, the developer is responsible for repair.

Of course, it is the responsibility of the property company. However, it is necessary to apply to the property within the warranty period of the house...

They are responsible for handling it, the property is the security personnel in this area of the home, the environmental protection and safety of all sizes are theirs, and they are not responsible for the property fee paid by the owner every year.

If the house in the community leaks, you should find a property company, and the property company will apply for housing repair funds to solve the water leakage problem! However, it requires the consent of more than 60% of the owners of the community to apply!

Of course, the property is changed to be responsible, otherwise the property fee paid is retained.

Water leakage in the house should not be the responsibility of the property, this should be left to the developer to be responsible.

Generally limited to the top floor. Other floors leak water, and the property will not take care of it.

Therefore, if it is a leak on the top floor, you can apply directly, and please repair the property in time!

The property should be responsible for the leakage of the house, because the property is the person in charge of the management of the community, and the responsibilities are as follows:

1. If there is a quality problem with the waterproofing of the renovated house delivered by the developer

1) 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;

2) If the warranty period has expired, the property should be asked to order the upstairs owner to repair by himself.

2. If the waterproof treatment is unqualified during the upstairs decoration:

1) When the upstairs is a rough house self-decoration, you should first inform the upstairs neighbors, and ask the upstairs to deal with it as soon as possible in a friendly negotiation attitude, if the neighbors do not cooperate, you can contact the property management company, which is responsible for communicating with the upstairs owners;

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.

Distinguish between these 3 situations:

First, the repair of water leakage during the warranty period of the house. This is generally the responsibility of a housing repair team under the customer relations department of the real estate developer, and the property generally does not interfere, at most it will be reported and relayed, and the feedback information will be provided at both ends.

If it is a small development company, it will entrust the property management company to contact the construction unit directly, but the responsibility for this maintenance is still borne by the development company.

In many cases, the property company cannot call the construction unit, and the owner needs to contact the real estate company directly, if it is delayed for too long, it is not conducive to maintenance. The so-called unjust debtor has the owner!

2. Repair of water leakage outside the shelf life of the house. The shelf life of water leakage repair is generally five years, and water seepage on exterior walls, doors and windows beyond this period generally needs to be solved through maintenance funds. Again, this is not the property company's responsibility for repairs.

The property management company assists the property committee to be jointly responsible for the use of maintenance funds to solve maintenance problems, but in practice, it is difficult to operate successfully, and the use of this maintenance funds requires the consent of more than two-thirds of the owners of the unit or the building, and it will take a long process to go through a long process, and the examples of approval after one or two years are too numerous to mention, and there are more examples of giving up halfway.

3. Water leakage in the house caused by human causes. For example, the riser is blocked, there is a backwater phenomenon at home, such as a burst pipe at home, etc., and the household is not found in time due to long-term uninhabited housing, resulting in water seepage and contamination of indoor furniture and items in the downstairs ceiling, if the downstairs is also uninhabited after decoration, then the loss is greater.

When this kind of problem arises, the responsibility of the property management company is only to help eliminate the danger, investigate the cause and take photos for evidence, and it is not liable for maintenance compensation, and the responsibility for maintenance compensation is the responsibility of the responsible party for water leakage. When necessary, the owner can defend his rights by suing the person responsible, and the property management company can assist as a witness.

In short, the property management fee paid by the owner does not include the cost of house maintenance. If there is a water leakage problem in the house, it is necessary to identify the nature of the problem and take targeted measures to help solve the problem quickly.

The property shall be responsible for the leakage of water in public parts such as balconies, exterior walls, roofs, etc., but the water leakage of the house caused by the owner's improper decoration or use shall be borne by the owner, and the water leakage caused by the quality of the house itself can directly claim compensation from the developer and require it to rectify within a time limit.

Legal basisArticle 35 of the Property Management Regulations.

Property management service enterprises shall provide corresponding services in accordance with the provisions of the property management service contract. Where a property management service enterprise fails to perform the provisions of the property management service contract, resulting in damage to the personal and property safety of the owner, it shall bear the corresponding legal responsibility in accordance with law.

Article 577 of the Civil Code.

If one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.

1. Yes, which department to find for water leakage in the house, negotiate with the property and the developer to solve it.

2. The warranty period for house leakage water is five years, and the warranty period refers to the day when the owner gets the key when he enters the house, and finds the developer during the warranty period;

3. Outside the warranty period, find the industry committee to enable overhaul and maintenance**; If you do not pay for overhaul and repair, you will repair the fiber ** yourself.

1. What should I do if the roof is waterproof and the downstairs is not apportioned.

The roof is waterproof and the downstairs is not apportioned, first of all, it is necessary to confirm whether it is a housing quality problem, and an appraisal agency needs to issue an appraisal report. For commercial housing, the warranty period of the waterproof layer on the roof is 5 years, therefore, if the top floor of the purchased real estate leaks during the waterproof warranty period, it is the responsibility of the developer, and the developer is obliged to repair it free of charge, and must find the developer for maintenance within the time limit to prevent the developer from delaying beyond the warranty period and causing them to bear the maintenance costs. If the roof leaks during the warranty period and the developer does not fulfill its obligations, then complain to the Consumer Association, the Housing and Urban-Rural Development Department and the Quality Supervision Department.

2. Whose responsibility is it for the exterior wall of the building to fall off?

Analyze on a case-by-case basis. If it falls off during the building warranty period, the developer can be held responsible; If the warranty period has expired, you can apply to the property management company for maintenance** to take responsibility; If the property management fee is not paid and the maintenance is not paid**, the whole building will be borne by the residents of the whole building, and the compensation will be divided equally among all residents.

3. Maintenance during the warranty period of the house.

1) If the water leakage on the upper floor occurs during the warranty period of the house, as long as it is non-man-made, the developer should bear the relevant responsibility. When the developer ignores it, the damaged owner can file a complaint with the local quality supervision department, or directly sue the developer to the court.

2) If there is a water leak upstairs, the house is still within the warranty period, and it is believed that it is not man-made, whether it is the damaged owner or the upstairs neighbor owner, the developer should be repaired in time. If the developer is allowed to delay until the warranty period, it is likely that he will have to clean it up himself. In addition, when the developer sends someone to repair according to the owner's requirements, but it still does not meet the standard, after repeated twice, the owner can find someone to repair it by himself, and the cost will be paid by the developer.

If the house leaks, if it is caused by the quality of the house, the property is not responsible. During the warranty period, due to water leakage due to quality problems, the developer is responsible for repair. If the property leaks due to the management of the property, the property shall be responsible.

Article 13 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Contracts for the Sale and Purchase of Commercial Housing stipulates that if the buyer's request for rescission of the contract and compensation 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.

Article 13 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Contracts for the Sale and Purchase of Commercial Housing ("Buyer's request to terminate the contract" and compensate for losses shall be supported if the quality of the house seriously affects the normal residential use. 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.