How to compensate for the damage caused by water leakage?

There is no specific standard. If the damage is caused by water leakage in the house, the responsible party shall be responsible for compensation.

1. The repair cost required to repair the water leakage.

2. Loss of other property caused by water leakage. The amount of property loss may be determined by negotiation between the two parties, or if the negotiation fails, it may also be determined by entrusting a third-party appraisal agency to conduct an appraisal.

The handling principles are: conducive to production, convenient life, solidarity and mutual assistance, fairness and reasonableness. It should be based on consultation between the two parties, respect history and customs, and follow the law.

According to the general concept, the upstairs residents have the obligation to provide maintenance assistance, and if the failure to perform this obligation causes the loss to increase, it constitutes a tort and should bear the liability for the increased loss.

Where obstructions or losses are caused to neighboring parties, the infringement shall be stopped, the obstruction removed, and the losses compensated. Generally speaking, the liability for damages caused by water leakage lies with the party at fault, and if both parties are at fault, then it is based on fault.

Negotiate with both parties responsible for the water leakage to seek a solution.

How big is the loss of water leakage compensation? Depending on the loss, both parties sit down and negotiate compensation. This exact amount cannot be determined.

For specific analysis of specific problems, we must first figure out the cause of water leakage, find the responsible unit or responsible person according to the cause of water leakage, and then divide the responsibility and compensate according to the size of the responsibility.

The assessment of property damage usually requires the following steps: determining the scope of the assessment, collecting relevant information, selecting the assessment method, conducting the assessment, and issuing the assessment report. You can try this online assessment,1

Find the upstairs owner: If the upstairs owner does cause the downstairs residents to be "watered" due to renovation or laying of water pipes, the upstairs residents should find out the cause of the water leakage in time and carry out rough repairs, and should also be liable for the damages caused by their misconduct to the downstairs Yanchongbi residents.

Article 296 of the Civil Code of the People's Republic of China Where an 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.

Article 1165 Judgment Where the perpetrator of the hunger article infringes upon the civil rights and interests of others due to his fault and causes harm, he shall bear tort liability. Where it is presumed that the actor is at fault in accordance with the provisions of law, and he cannot prove that he is not at fault, he shall bear tort liability.

Article 1167:Where the tortious conduct endangers the safety of others' persons or property, the infringed party has the right to request that the infringer bear tortious liability such as stopping the infringement, removing obstructions, and 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.

The scope of compensation for losses may be directly stipulated by law or agreed by both parties. In the absence of special provisions in the law and in the absence of a separate agreement between the parties, all losses shall be compensated in accordance with the principle of full compensation. Article 113 of the Contract Law stipulates that:

The amount of damages shall be equal to the losses caused by the breach of contract, including the benefits that can be obtained after the performance of the contract, but shall not exceed the losses that may be caused by the breach of the contract that the breaching party foresaw or should have foolishly foreseen at the time of entering into the contract. "Losses include both direct and indirect losses. Direct refers to a direct reduction in property.

Indirect loss, also known as lost benefit, refers to the loss of benefits that can be expected to be gained. The expected benefits that can be obtained, referred to as the available benefits. The profit available refers to profit, not turnover.

For example, if an auto repair shop and a taxi driver agree to repair a damaged Xiali within 10 days, but the auto repair shop delays delivery by three days, the driver can make a profit of 200 yuan per day for driving the taxi. The profit available for three days is 600 yuan, and the automobile repair shop should compensate 600 yuan for indirect losses if it breaches the contract. The claim for obtainable benefits needs to adhere to objective certainty, that is, the expected benefits are not only subjectively possible, but also objectively certain.

This benefit is forfeited by the occurrence of a breach of contract, and in the absence of a breach, such benefit would normally be obtained. For example, if a construction company undertakes the construction of a commercial building and delays delivery for 10 days, the operating profit of the commercial building for 10 days is the profit that can be obtained. In response to the fact that claims for available benefits may not be arbitrarily extended, article 74 of the 1980 United Nations Convention on the International Sale of Goods provides that the State shall not pay damages that "may have been anticipated or ought reasonably to have been anticipated by the breaching party in the light of facts and circumstances known or ought reasonably to have known at the time of the conclusion of the contract".

China's original foreign-related economic contract law and the original technology contract law also have the same provisions. Article 19 of the original Law on Foreign-Related Economic Contracts stipulates that: "The liability of one party for breach of contract shall be equivalent to the loss suffered by the other party, but shall not exceed the losses that may be caused by the breach of contract that the party in breach of contract should have foreseen at the time of entering into the contract."

Paragraph 2 of Article 17 of the original Technology Contract Law stipulates that "the liability of one party for breach of contract shall be equivalent to the loss suffered by the other party, but shall not exceed the loss that the party in breach of the contract should have foreseen when entering into the contract." "The law adopts a prescient limitation on the arbitrary expansion of the scope of compensation. There are three elements of foresight:

1) The subject of foresight is the defaulter, not the non-defaulter. (2) The foreseeable time is at the time of conclusion of the contract, not at the time of breach of contract. (3) The foreseeable content is the loss of breach of contract that should be foreseen at the time of the conclusion of the contract, and the unforeseeable loss is not included in the scope of compensation.

For example, a passenger claims compensation for the delay in the delay of a flight. Whether the transaction was delayed or not was not foreseeable by the airline at the time of ticket sales, so indirect losses will not be compensated.

Legal analysis: It depends on the situation, generally the upstairs is responsible for the repair, if the house is still under warranty, the developer can be asked to repair it.

1. If the newly bought house is leaking, generally find the property department first. Because the property department is generally entrusted by the developer to contact the maintenance affairs, the property department (which should be entrusted by the developer) to contact the construction unit to come to the warranty. The developer has a contract with the construction unit, and the developer has deducted the warranty money of the construction unit, so as long as the "house leakage" is not the cause of abnormal use, the construction unit must guarantee it.

2. Because the homeowner has a contract and warranty relationship with the developer, the homeowner can also directly find the developer (or find the representative of the property department or construction unit entrusted by the developer).

3. The house is protected by the "Contract Terms and Consumer Rights Act". The property department and the developer do not care about it, the homeowner can complain, and the complaint should be directed to: the local "construction project quality supervision station" or the local "consumer association" to complain.

4. At the end of the warranty period, you can find the property department for maintenance.

Legal basis: Civil Code of the People's Republic of China

Article 288:Owners of adjacent rights to immovable property shall correctly handle adjacent relationships in accordance with the principles of conducive to production, convenience of life, solidarity and mutual assistance, and fairness and reasonableness.

Article 289:Where laws and regulations have provisions on the handling of adjacent relationships, follow those provisions; Where laws and regulations have no provisions, local customs may be followed.

Article 290:Owners of immovable property rights shall provide necessary facilities for the use of water and drainage by adjacent rights holders.

The use of natural flowing water shall be reasonably distributed among the adjacent rights holders of the immovable property. The discharge of natural flowing water shall respect the natural flow direction.