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First of all, we must find out whose responsibility is, so find out the cause of the water leakage, the responsibility is clear, and who will compensate! General waterproof 5 years warranty, 2 years for pipelines, non-human developer responsibility during the warranty period, expired, water leakage is generally upstairs responsibility! Provide free professional technical consultation for concrete waterproof leakage repair.
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Hello, who pays for it is **water seepage.
1. If the water pipe of the house construction itself leaks or is similar to living on the top floor, if the roof leaks in the rain, the developer will pay for it.
2. If it is upstairs or next to the neighbor's house leakage and seepage to your house, the neighbor will pay for it.
3. If the water pipes and other water pipes that are decorated by themselves leak in, repair them by yourself.
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The specific compensation depends on the cause and location of the water seepage.
1. Under normal use conditions, the construction of the housing construction project itself is original
1) Leakage prevention of roof waterproofing works, toilets, rooms and exterior walls with waterproof requirements, for 5 years;
2) Heating and cooling system, for 2 heating periods and cooling periods;
3) 2 years for the installation of electrical pipelines, water supply and drainage pipelines, and equipment;
Indemnification by the developer of the building; If the warranty period of the building stipulated by the state is exceeded or it is caused by man-made, whoever causes the deep water shall be compensated. (in accordance with Article 7 of the National Measures for Quality Warranty of Housing Construction Projects).
2. If it is caused by water leakage and seepage in the house of the upstairs or next neighbor, the neighbor will pay for it.
3. If you modify the installation pipeline by yourself, you will be responsible for the water seepage.
Leibangshi - home waterproofing expert.
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Legal analysis: on the issue of compensation for water leakage in the house, the first thing is to find the infringer, whether it is the developer, the tenant or the property, if it is a resident, the party who suffers the loss can negotiate with the tenant to see if it can reach an agreement with the other party on the amount of compensation, but if the two parties cannot negotiate, or if the negotiation fails, the party who suffers the loss shall claim compensation from the other party according to the actual loss suffered by itself, including the cost of materials for maintaining the house and the labor cost of hiring professionals to repair it. and other damages caused by the repair of the house.
If the water leakage is caused by the developer or the property management company, the other party can be required to bear the liability for breach of contract according to the contract signed by the two parties, and if the contract does not stipulate the specific liability for breach of contract, or the agreement on the liability for breach of contract is not clear, the other party can be required to bear the corresponding liability for compensation according to the actual loss.
Legal basis: Civil Code of the People's Republic of China
Article 237:Where damage to immovable or movable property is caused, the rights holder may request repair, rework, replacement, or restoration to its original state in accordance with law.
Article 238:Where property rights are infringed upon, causing harm to the rights holder, the rights holder may request compensation for damages in accordance with law, and may also request that other civil liabilities be borne in accordance with law.
Article 239:The methods of protection of property rights provided for in this chapter may be applied separately or in combination according to the circumstances of the infringement of rights.
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Legal analysis: According to the provisions of laws and regulations, during the warranty period, the development company is responsible for the maintenance of the house, and the development company notifies the construction unit to implement the maintenance. The owner shall claim compensation from the development and construction unit for the loss caused by the water leakage of the house, and the process of compensation can be resolved through negotiation with the development and construction unit, and if the negotiation fails, it can be resolved through arbitration or filed a lawsuit with the basic people's court where the house is located.
Legal basis: "Regulations on the Quality Management of Construction Projects" Article 40 Under normal use conditions, the minimum warranty period of construction projects is: (1) infrastructure projects, foundation works and main structure works of housing construction, for the reasonable service life of the project specified in the design documents 2) roof waterproofing works, toilets, rooms and external walls with waterproof requirements for leakage prevention period of 5 years 3) heating and cooling system, for 2 heating periods, cooling period 4) electrical pipelines, water supply and drainage pipelines, Equipment installation and decoration works, 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.
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This situation is entirely within the property developer's warranty period and must be borne by the developer. Start by looking at the property and ask the property developer to repair it within a limited time and claim compensation for the loss of water. If the developer is delayed or not responsible at all, he can go to court to sue the property developer and ask for repairs and reimbursement within the time limit.
If the hotel is not cooperative, you can sue the hotel for inactivity and impose penalties on the hotel in accordance with the law. Under normal working conditions, according to the national "Measures for the Quality Warranty of Paisha Housing Construction Projects" and the mandatory standard 40 of the "Regulations on the Quality Management of Construction Projects" prescribed by law, the minimum warranty period of construction projects in the dusty state is as follows:
1) Infrastructure engineering, in the design of foundation works and building structure design descriptions, design documents for a reasonable service life.
2) Roof waterproofing, water resistant, waterproofing and water resistant (5 years) items.
3) Heating and cooling system for 2 weeks of hall branch heating time and cooling time.
4) Installation and renovation of electrical pipelines, water supply and drainage piping lines, equipment for two years.
The warranty period for other items is determined by negotiation between the employer and the contractor. The warranty period of the construction project is calculated from the date of completion and acceptance of the project.
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Legal Analysis: There is no uniform standard for this. The responsible party should be responsible for compensation for the water leakage.
The specific compensation content mainly includes:
1.The cost of repairs needed to fix the leak.
2.Damage to other property due to water leakage.
The amount of property damage can be determined by negotiation between the two parties, and if the Xiebi Dong business is not registered, it can also be determined by entrusting a third-state repatriation appraisal agency to conduct an appraisal.
Legal basis: Property Management Regulations" Article 45 of the property management area in violation of the relevant public security, environmental protection, property decoration and use of laws and regulations, property service enterprises shall be stopped, and timely report to the relevant administrative departments. After receiving the report of the property service enterprise, the relevant administrative departments shall stop the illegal acts or deal with them in accordance with the law.
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Legal analysis: According to the relevant provisions of China's law, the compensation for water leakage in the house is: 1. The parties should analyze the specific causes of the water leakage in the house, if it is caused by quality problems when the developer builds the house, the party can request maintenance and compensation for the corresponding losses in accordance with the law 2. If the contract does not stipulate the specific liability for breach of contract or the specific amount of compensation, or the agreement on the liability for breach of contract is not clear, the party can require the other party to bear the corresponding liability for compensation according to the actual loss.
The party who lost the loss should demand compensation from the other party according to the actual loss, including the cost of materials for repairing the house, and the labor cost of hiring professionals to repair it. 3. If the obstacle cannot be eliminated or the problem cannot be solved through negotiation, the dispute may be appealed to the people's court, and the court shall accept it in accordance with the law. If the appellate court resolves the case, the parties should collect the relevant cause of the leak as evidence in advance.
Legal basis: Construction Law of the People's Republic of China
Article 12 Construction enterprises, survey units, design units and engineering supervision units engaged in construction activities shall meet the following conditions: (1) have registered capital in accordance with the provisions of the State; (B) the construction activities engaged in with the professional and technical personnel with statutory qualifications; (3) Have the technical equipment necessary to engage in relevant construction activities; (4) Other conditions provided for by laws and administrative regulations.
Article 13 Construction enterprises, survey units, design units and engineering supervision units engaged in construction activities shall be divided into different qualification levels in accordance with their registered capital, professional and technical personnel, technical equipment and completed construction project performance and other qualifications.
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1. First of all, we should find out who is responsible for the management of this pipeline. Utilities shall be the responsibility of the property and shall be paid out of maintenance**; For non-public facilities, it depends on whether they are exclusive or common. There is no objection that the exclusive right holder is responsible for the management and maintenance of the exclusive part, but there is a dispute as to who is responsible for the management and maintenance of the common part.
If the waterproof layer is used as a common facility, because it is a concealed project, it is generally believed that the upstairs residents as the actual users should bear the obligation of reasonable use, and the downstairs as the beneficiary also has the corresponding obligations, which is mainly reflected in the cost bearing.
2. Secondly, the cause of the water leakage should be ascertained, and the fault of the parties should be distinguished, so as to determine the responsible subject. If it is caused by human causes, and the actor is intentional or at fault for the occurrence or expansion of the harmful result, it constitutes infringement and shall bear the tort liability.
3. Developer's responsibility: During the warranty period, if the water leakage is not caused by human reasons, the developer shall bear full responsibility.
4. Responsibility of the property: The water leakage is certainly not caused by the property, but if the property is negligent in management, or the problem is not dealt with in time, resulting in the expansion of losses or more serious problems, then the property should be held responsible.
1. What is the way to deal with the dispute over water leakage in the house mountain?
1. The way to deal with water leakage disputes is to negotiate first, if it is a problem with the quality of housing construction, and within the warranty period, the owner can ask the developer to repair it. If the warranty period has expired, the owner needs to repair it, and the property company will come to assist you.
2. Legal basis: Article 40 of the Regulations on the Quality Management of Construction Projects stipulates that under normal use conditions, the minimum warranty period of 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.
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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.
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The roof can only be re-waterproofed. There are many reasons for this: sun exposure, heavy rain, shaking of the house, etc. It is recommended not only to find a waterproof company (depending on which one you have in your local area), but also to find color steel to build a shed.