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Property sector. If the upstairs water leakage is not repaired, you can find the property department to coordinate, or ask the housing quality inspection department to make an appraisal report on the cause of the water leakage in the house and how to repair the leakage, and then file a lawsuit with the court according to the report.
Legal basis: Article 288 of the Civil Code provides that the adjacent rights holders of 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.
Properties with leaky roofs may not refuse to pay strata fees. Legal Express reminds you that, according to the regulations, it is the obligation of the owner to pay the property fee, and the property can complain to the relevant local management department if the house leaks water. The consequence of the arrears of property fees is that the property will stop the property services, and if the amount of arrears is large, it may be sued by the property management company to demand payment of the property fees; If the owner and the property user agree that the property user shall pay the property management service fee, the owner shall be jointly and severally liable for the payment.
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You can find the property to coordinate, or ask the relevant quality inspection department of the house to inspect the cause of the water leakage in the house, and make an appraisal report on the specific compensation method.
If the upstairs occupants are unwilling to coordinate, they can file a lawsuit with the court, and as long as the parties can prove that the upstairs residents caused the water leakage problem, they can apply to the upstairs residents for compensation.
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Find the property department.
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.
Housing leakage can be solved through negotiation between the property and the developer, and if the negotiation fails, you can find the competent department (Construction Bureau, Quality Supervision Bureau, etc.) to complain and reflect, in addition to filing a civil lawsuit with the people's court.
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The upstairs leaks and goes downstairs to find the property to solve it, because the property is the person in charge of the community management.
1. If it is a waterproof house delivered by the developer, there is a quality problem. 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. If the warranty period has expired, the property should be asked to order the upstairs owner to repair it by himself.
2. If the waterproof treatment is unqualified during the upstairs decoration. When the upstairs is a rough house self-decoration, you should first inform the upstairs neighbors, in a friendly negotiation attitude to ask the upstairs to deal with it as soon as possible, if the neighbors do not cooperate, you can contact the property management company, which is responsible for communicating with the upstairs owners. If the owner of the upstairs refuses to cooperate with the property, he should take a picture of the evidence, such as **, **, etc., and can respond to the situation through the owners' committee and the community police.
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.
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The upstairs leakage can be coordinated by the property, or the housing quality inspection department can be asked to make an appraisal report on the cause of the water leakage in the house and how to repair the leak, and then file a lawsuit with the court according to the report.
If the quality of the new house is not up to standard, the developer will be responsible for repairing it during the warranty period. If it is caused by improper decoration or other faults on the upper floor, the upper floor is responsible for repairs.
If the warranty period of the house has expired and it belongs to the public part of the whole building, for example, the maintenance problem of the main sewer pipe needs to be repaired, and the public maintenance of the house is collected, the property department shall apply for the use of maintenance**. If there is no public maintenance**, the common part shall be jointly borne by the homeowner.
If there is a problem with the exclusive part of the upstairs, the upstairs will still bear the costs according to the principle of equity. If a lawsuit is filed, an evaluation may be required to determine the cause of the leak and the amount of damage.
How to check for water leakage:
1. Leakage of water pipe: The manifestation of this situation is that the leakage is continuous and uninterrupted, and sometimes the leakage volume also has the phenomenon of increasing continuously, such as closing the main valve of the water pipe, and the leakage will be reduced immediately.
2. Sewer pipe leakage: first observe the leakage amount and make a record, then open all the faucets, toilets and drain water to the floor drain for many times.
3. Surface leakage: There are two ways to identify surface leakage: only under the conditions of bathing, mopping and other conditions, that is, when the ground and wall are drenched and stagnant, leakage will occur, and in this case it can be determined as surface leakage.
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The upstairs water leakage is solved by the property department, and the property management company shall be responsible for the water leakage caused by the common part, and the property department shall coordinate and solve the problem caused by the private person.
The property management company shall be liable for the water leakage caused by the poor management of the property management in the common part of the community.
If the water leakage is caused by the renovation of other owners, the infringed owner may report it to the property management company, and the property management company shall notify the infringer to immediately stop and make corrections, and if the perpetrator refuses to stop or make corrections, it shall promptly report to the relevant administrative departments for handling in accordance with law.
If the property management company fails to fulfill the above obligations, it shall bear the corresponding part of the responsibility for the owners who have suffered losses.
If the house is still under warranty, then the developer should be responsible, because this is all agreed in the warranty terms.
If the house is found to be leaking, it will be solved in this way
1. Protect the scene and fix the evidence. For example, evidence is collected by taking photographs, video recordings, etc.
2. Find the cause of water leakage, mainly to see whether the water leakage part is the exclusive part of the building or the common part, if it is an exclusive part, the infringing party is usually the owner of the exclusive part, if it is a common part, the infringing party is usually the developer or property management company.
3. Negotiate with relevant owners, property companies and developers.
4. If the negotiation fails or you can't determine the cause of the water leakage, you can ask a qualified agency to go to the old bank for professional appraisal.
5. If the negotiation fails, Xun Xiansheng initiates arbitration or litigation.
1. Check out the water leakage situation and then make a judgment. >>>More
Here's how to make a claim:
1. Find the upstairs owner: If the upstairs owner does cause the downstairs residents to "receive water" due to decoration or laying water pipes, the upstairs residents should find the cause of the water leakage and repair it in time, and should also be liable for the damage caused to the downstairs residents by their misconduct. >>>More
It depends on where the water leaks, if the water pipe of a whole building arranged by the property is leaking, then the property needs to be responsible; If there is a problem with the sewer pipe upstairs, it belongs to the upstairs residents who use it independently, and the upstairs homeowner is responsible. >>>More
Here's how to make a claim:
1. Find the upstairs owner: If the upstairs owner does cause the downstairs residents to "receive water" due to decoration or laying water pipes, the upstairs residents should find the cause of the water leakage and repair it in time, and should also be liable for the damage caused to the downstairs residents by their misconduct. >>>More
According to Article 86 of the Property Law and the newly promulgated judicial interpretation, the principles for dealing with the relationship between adjacent drainage and dripping water in China's judicial practice are: If the adjacent party must use the land of the other party for drainage, it shall be permitted; However, the drainage shall be used within the necessary limits and appropriate protective measures shall be taken, and if the loss is still caused, the beneficiary shall reasonably compensate for it. If the adjacent party may take other reasonable measures to drain water but fails to do so, and the drainage of water into the land of the other party damages or may damage the property of others, and the other party requests that the victim stop the violation, eliminate the danger, restore the original state, or compensate for the losses, it shall be supported. >>>More