Is the leakage of a well decorated house the responsibility of the owner or the property responsibil

If the problem is found during the delivery of the house, the property will notify the developer to rectify and repair the problem and deliver it; If it is a leakage caused by non-human damage after the delivery of the house, the developer shall bear the maintenance responsibility during the decoration quality warranty period (notify the property, and the developer will instruct the construction unit to provide warranty services), and after the warranty period, the owner shall bear the maintenance and other related responsibilities.

Attached: In accordance with the provisions of the "Measures for the Quality Warranty of Housing Construction Projects", the warranty period for water supply and drainage pipelines shall not be less than 2 years, and the warranty period for water quality shall not be less than 5 years.

If it is a water leak caused by renovation, it is the responsibility of the owner. If the house leaks before it is renovated, and it is not the water pipe that is leaking, but the quality of the house, this is the responsibility of the developer. After the warranty period, the owner can only admit that he is unlucky.

You have to see the cause of the water leakage, if it is a soft self-installation, the water pipe does not go well and causes the water leakage to be borne by the owner, the owner can be held accountable to the decoration company, if it is the main water pipe leakage, you can reflect to the property.

Finely decorated houses, there is a water leakage, which is caused by the developer's decoration quality, which is neither the responsibility of the owner, nor the responsibility of the property, but the responsibility of the developer, the owner can contact the property company, the property company communicates with the developer, and the developer repairs the leakage as soon as possible, and at the same time can claim compensation from the developer.

According to the provisions of Article 40 of the Regulations on the Quality Management of Construction Projects: under normal use conditions, the minimum warranty period of the construction project is: (1) the reasonable service life of the project specified in the design documents for the foundation engineering and the main structure engineering of infrastructure engineering, housing construction; (2) The leakage prevention of roof waterproofing works, toilets, rooms and external walls with waterproof requirements shall be 5 years.

The warranty period of the construction project shall be calculated from the date of acceptance of the completion of the project. Don't know about this, right? View the original post

The basic principle of the division of responsibility for a leak in the house is: who causes it, who is responsible. Specifically, there are some situations as follows:

1. Top roof.

If the house is within the warranty period (the roof water quality guarantee is five years), the developer shall instruct the building 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 there is a leak in the pipes of the indoor public parts (such as the leakage of the main water pipes in the public), the division of responsibilities shall be the same as that of Article 1 aboveIf 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.

3. If the door and window are damaged and leakage, if it is within the warranty period, it shall be borne by the door and window installation and construction party, and the owner shall bear it beyond the warranty period.

It should be on a case-by-case basis. If the water leak is not caused by human causes and the house is within the warranty period, the developer will be responsible for repairing it and compensating for the damage. If a neighboring owner causes a water leak, the owner is responsible and compensates for the damage.

Is a leak in the bathroom a property repair or a property owner repair depending on the reason and the responsibility is different:

1. If the main water pipe of the bathroom leaks because of the house decoration, then it is the responsibility of the decoration company or the owner.

2. If the main water pipe of the bathroom is not leaking due to the decoration company, then the property company is responsible for it.

3. If the main water pipe of the bathroom is still under warranty at this time, then the property company can find the developer to help repair it. If it is no longer under warranty, then the property company can only pay for someone to help repair it.

4. If the main water pipe leaks because the developer did not design the pipe layout when building the building, then it is the responsibility of the developer.

[Legal basis].

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

Article 13. If the buyer's request to terminate the contract and compensate 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.

Legal analysis: 1. The waterproof shelf life of the house decoration is normally about three to five years, and when the waterproof layer is damaged and there is a water leakage, you should directly contact the team that decorates the house at that time to be responsible for this problem.

2. When the well-decorated house encounters damage to the waterproof layer and water leakage, the developer of the house should be contacted, but if it is caused by the damage caused by our usual use of the bathroom, the owner himself needs to bear and repair the water leakage.

3. The warranty period of commercial housing is normally about two years, if during the warranty period, the exterior wall of the bathroom of the house leaks, then it is a problem of the quality of the house, in this case, the developer also needs to give a certain amount of compensation, but also need to bear the main responsibility for the leakage of the house.

Legal basis: Article 801 of the Civil Code of the People's Republic of China If the quality of the construction project does not conform to the agreement due to the reasons of the constructor, the employer has the right to request the constructor to repair, rework or reconstruct it free of charge within a reasonable period of time. After repair, rework or reconstruction, if the delivery is overdue, the constructor shall bear the liability for breach of contract.

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 1166:Where the actor causes harm to the civil rights and interests of others, regardless of whether the actor is at fault or not, and the law provides that they shall bear tort liability, follow those provisions.

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The leakage of water from the upstairs of the hardcover room to the bottom may be the responsibility of the property or the owner of the upstairs, depending on what the orange judgment is leaking, if the water pipe of the 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 owner is responsible for eliminating the town.

Legal analysis: If it is not the man-made water leakage downstairs, it is the responsibility of the upstairs, and the upstairs hand pats the responsibility to repair the water to the downstairs and compensate the corresponding losses downstairs. When the two parties do not agree through coordination, they may go to the court to file a civil lawsuit for damages, and the court will evaluate the extent of the damage and make a judgment.

If it is found that the water leak is caused by a neighbor, you can ask the other party to restore the original state, and if you can't restore the original state, you can ask for compensation for the loss.

Legal basis: Article 1165 of the "Code of the People's Republic of China" Where the perpetrator infringes upon the civil rights and interests of others and causes harm due to his fault, 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 1166:Where the actor causes harm to the civil rights and interests of others, regardless of whether the actor is at fault or not, and the law provides that they shall bear tort liability, follow those provisions.

Summary. Hello, legal analysis: who is responsible for the leakage of the water pipe in the hardcover room:

The responsibility of the property, if it is a public pipeline, the property should be liable, and if it is a private pipeline, the owner should be responsible. 1. The property is responsible for the public facilities and spends from the maintenance; If there is an agreement between the parties to the non-public facilities, the agreement shall be followed, and if there is no agreement, the co-owners shall jointly share it; 2. During the warranty period, if the water leakage is not caused by human reasons, the developer shall bear full responsibility. 3. If it is caused by human causes, if the actor is intentional or negligent, he shall bear tort liability.

Hello, legal analysis: who is responsible for the leakage of the water pipe in the hardcover room: the responsibility of the property, if it is a public pipeline, the property should be liable, and if it is a private pipe, the owner should be held responsible.

1. The public facilities are the responsibility of Shouhui Property and are paid from the maintenance; If there is an agreement between the parties to the non-public facilities, the agreement shall be followed, and if there is no agreement, the co-owners shall jointly share it; 2. During the warranty period, if the water leakage is not caused by human reasons, the developer shall bear all the responsibilities of Gao Qin. 3. If Qi Chunguo is caused by human causes, and the actor is intentional or negligent, he shall bear tort liability.

Legal basis: Article 7 of the "Measures for the Quality Warranty of Housing Construction Projects" Under normal use, the minimum warranty period of housing construction projects is: (1) foundation engineering and main structure engineering, which is the reasonable service life of the project stipulated in the design documents; (2) The leakage prevention of roof waterproofing projects, toilets with waterproof requirements, room fiber disturbance rooms and external walls shall be 5 years; (3) Heating and cooling system, which is two heating periods and cooling periods; (4) 2 years for the installation of electrical pipelines, water supply and drainage pipelines, and equipment; (5) The renovation project shall be 2 years.

The warranty period for other projects shall be agreed upon by the construction unit and the construction unit.

Water leakage in the house is a problem with the quality of the house and should be held responsible by the developer. The developer and the property management company are two main entities, the owner, the developer and the property management company are two different legal relationships, the owner and the developer are in a sales contract relationship, and the owner and the property management company are in an entrustment contract relationship.

Some property companies are subordinate companies of the developer, and some property companies are the same person as the legal representative of the developer, but it does not mean that the developer is the property company. If the owner encounters a water leak in the house and repeatedly asks for property repairs but cannot solve the problem, the owner should sue the developer instead of suing the property company.

Handling of water leakage disputes in the house.

1. First of all, it is necessary to find out who is responsible for this management. 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. If there is no agreement, there is no objection that the exclusive right holder shall be responsible for the management and maintenance of the exclusive part, but there is a dispute over 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. Developer's responsibility: During the warranty period, if the water leakage is not caused by man-made reasons, the developer shall bear full responsibility.

According to Article 7 of the "Measures for the Quality Warranty of Housing Construction Projects", Article 1 (2) has a roof waterproof project, a bathroom with waterproof requirements, a room and an external wall leakage prevention, which is 5 years, and the installation of electrical pipelines, water supply and drainage pipelines and equipment in paragraph (4) is 2 years, calculated from the date of acceptance of the completion of the project.

3. Fair responsibility: For the house that has passed the warranty period, all parties are not at fault (or there is no evidence to prove their fault), if the waterproof layer is naturally aged, the maintenance cost shall be shared by the parties according to the provisions of Article 132 of the Civil Pass, according to the realization situation, generally half of one person.

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.

The former, such as the blockage of the pipe, although it is not the property to do it, but according to the property management contract and relevant regulations, the property company should regularly inspect and clean up, if it is not done, then you can find the property to claim compensation for losses.

The property also has related responsibilities, because the leakage of the external wall of the house is a related construction quality problem, and the property should also ensure the safety and quality of the house before handing over the house to the owner.

Of course, the property is responsible, because the property is the management of the entire community, and if there is a problem with the house, the first thing to look for is the property.

The developer is responsible, and the property is certainly responsible. The owner can go to the property management to find an explanation.