Who should be responsible for the leakage of water in the basement, and who should be responsible fo

In fact, it is not easy to judge whether the property is responsible or the owner is personally responsible, but it is necessary to analyze the specific problems and analyze them on a case-by-case basis.

1. If the basement has been sold and is owned by the owner, then the owner must be responsible for it, because the "Property Management Regulations" clearly stipulate that the property is the management of the public area, and the individual should be responsible for the property rights.

2. If the basement is used as a public garage and used as a civil air defense project, then it belongs to the public area, and the property is responsible for maintenance, but the cost of maintenance is paid from the public maintenance fund.

3. It is necessary to figure out the structure of the house, the cause of water seepage in the basement, and if necessary, it is necessary to ask professionals to identify, if it is a housing quality problem, the developer should be responsible.

Legal analysis: If the basement leaks and belongs to the public area, the property shall be responsible for the damages caused by it, and the property shall bear the compensation.

Legal basis: Property Management Regulations

Article 2 The term "property management" in these Regulations refers to the activities of the owners through the selection of property service enterprises, and the owners and property service enterprises in accordance with the property service contract to repair, maintain and manage the housing and supporting facilities and equipment and related sites, and maintain the environmental sanitation and related order in the property management area.

Article 55: When there are potential safety hazards in the property, endangering the public interest and the lawful rights and interests of others, the responsible person shall promptly repair and maintain it, and the relevant owners shall cooperate. If the responsible person does not perform the maintenance obligation, with the consent of the owners' general meeting, it can be repaired and maintained by the property service enterprise, and the cost shall be borne by the responsible person.

Legal analysis: The waterproof warranty period is generally five years, and the developer is responsible for water leakage problems within five years.

1. If the leakage of the top roof and the destruction of the waterproof layer of the exterior wall lead to leakage, if the house is within the warranty period, the developer shall instruct the 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.

2. If the non-roof is caused by leakage in the pipes of indoor public parts, the division of responsibilities is the same as that of 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.

Legal basis: "Property Management Regulations" Article 33 A property management area shall be managed by a property service enterprise.

Legal analysisIf the basement is used as a public garage and is used as a civil air defense project, then it belongs to the public area, and the property is responsible for repairs, but the cost of repairs is paid from the public maintenance fund. This is within the scope of the property profession. The property shall provide the owner with all the quality maintenance services of the house, and the owner has paid the property fee, which is equivalent to the property maintenance fee and labor remuneration that the owner has paid.

If the property shirks or refuses to make repairs, or if the property is damaged due to poor maintenance, the property can be held responsible. Therefore, the property should be compensated. Of course, if the property refuses to pay compensation, the owner can sue the property company.

If the basement has been sold and is owned by the owner, then the owner is responsible for this, because the relevant law clearly stipulates that the property is the management of the common area, and if the individual owns the property, the individual should be responsible.

Legal basisArticle 942 of the Civil Code of the People's Republic of China: Property service providers shall, in accordance with the agreement and the nature of the use of the property, properly repair, maintain, clean, afforest, operate and manage the common parts of the owners in the property service area, maintain the basic order in the property service area, and take reasonable measures to protect the personal and property safety of the owners. For violations of laws and regulations related to public security, environmental protection, fire protection and other laws and regulations in the property management service area, the property service provider shall promptly take reasonable measures to stop it, report to the relevant administrative department and assist in handling it.

If the water leakage in the lower room of the ground demolition is in the public area, the property shall be responsible for the losses caused by it, and the property shall bear the compensation. The "Property Management Regulations" stipulate that the term "property management" in these Regulations refers to the property owners through the selection of property service and tourism enterprises, and the owners and property service enterprises shall repair, maintain and manage the houses and supporting facilities and equipment and related sites in accordance with the property service contract, and maintain the environmental sanitation and related order in the property management area.

When it comes to the basement, the first thing that comes to everyone's mind is that the environment is humid and not ventilated, although no one will put valuables in the basement, but there can be no water leakage problem, otherwise it will cause potential safety hazards for a long time, so who is responsible for the leakage of the basement in the community?What is the cause of a leak in the basement?

1. Who is responsible for the leakage in the basement of the community.

According to the relevant laws and regulations, when there is a water leakage problem in the basement during the warranty period of the building, the basement leakage repair work should be notified by the real estate developer to the construction party to come to repair, and the loss caused by the basement leakage should also be compensated by the developer.

2. What is the cause of the basement leakage?

1. Many buildings do not do a good job of waterproofing during the construction process, but only do moisture-proof measures, or do waterproof measures, but the height of the waterproof layer is not enough, so there will be water leakage problems in rainy days. In addition, the water accumulated after the basement is completed cannot be discharged, which will also cause water leakage problems in the basement.

2. When doing waterproof measures in the basement of some residential areas, the modified asphalt composite tire waterproofing membrane is used, which is not only flexible and poor crack resistance, but also has high water absorption, which is prone to local water leakage or even large-scale water leakage, and the improper selection of deformation joints is also easy to lead to basement leakage.

3. In the process of concrete pouring, if the amount of mortar used on the joint surface is insufficient, and the height of the concrete blanking is too high, the mortar and aggregate in the concrete are easy to separate, resulting in water leakage in some passages in the basement.

Summary: The relevant content of who is responsible for the leakage in the basement of the community is introduced to you here, and I hope to help friends in need. There are many reasons for basement leakage, and it is necessary to carry out according to the cause of leakage when filling the leakage, so it is not easy to fill the basement leakage, and it is necessary to prescribe the right medicine to achieve the best leakage effect.