Air conditioning leakage downstairs, how to identify responsibility

After ascertaining the situation, if the cause of the upstairs water leakage is actually caused by the upstairs neighbors, the damaged owner can explain the situation to the upstairs or neighbors according to the situation he knows, and put forward a repair request and compensation for the damage caused to him during the repair period.

If the upstairs neighbor does not cooperate or does not repair it in time, the damaged owner may comply with Article 83 of the General Principles of the Civil Law

The adjacent parties to the immovable property shall, in accordance with the spirit of conducive to production, convenient life, solidarity and mutual assistance, fairness and reasonableness, correctly handle the adjacent relationship in areas such as water interception, drainage, passage, ventilation, and lighting. Where obstructions or losses are caused to neighboring parties, the infringement shall be stopped, the obstruction removed, and the losses compensated. Take the dispute to court.

When the upstairs neighbor ignores the court's decision, the injured party can first ask the construction team to repair it, and then demand compensation from the upstairs neighbor through the court in accordance with the relevant laws and regulations. In addition, when the upstairs neighbor does not take the initiative to compensate, the injured party can apply to the court for enforcement.

Case. Qian and other 6 people are residents on the 2nd to 5th floors of 4 buildings in a community in this city, Huang and Yuan are the owners of the façade room on the ground floor of the unit, and an optical store leases the façade room for business. In March 2017, during the renovation process of an optical store, the load-bearing walls of the two adjacent facades were demolished and opened.

On March 14, 2017, the housing management department issued a rectification notice to an optical store.

Qian and 6 others believed that Huang and Yuan agreed to the demolition of the load-bearing wall by an optical store, causing the load-bearing wall columns to sink and cracks in some walls and other potential safety hazards, and filed a lawsuit with the court after asking the optical store to stop the infringement and asking Huang and Yuan to prevent the demolition of the optical store.

An optical shop, Huang, and Yuan believed that they had made rectifications in accordance with the requirements of the housing management department, and had reinforced and restored the walls to their original state before the litigation in this case, and did not cause losses to Qian and others, and requested that the claims of Qian and others be dismissed.

After the trial, the municipal court held that when an optical store leased the façade room of Huang and Yuan, it demolished the load-bearing wall in the façade room, causing potential safety hazards to the residents living on the upper floor of the façade room, and although the optical store built a new wall after receiving the rectification notice from the housing management department within a time limit, it did not cite the conclusion that the relevant administrative department had completed the rectification or the appraisal conclusion issued by the relevant professional department to prove that the new wall had restored the role of the load-bearing wall.

Therefore, the petition of Qian and others to restore the load-bearing wall that was knocked out should be supported.

This case is a dispute over adjacency. The so-called adjacency relationship refers to the relationship of rights and obligations arising from the rights and obligations of two or more owners, usufruct owners or occupiers of immovable property adjacent to each other in accordance with the provisions of the law in terms of passage and water use, etc., and is an extension or restriction of the right holders of adjacent immovable properties to exercise their rights.

Adjacent rights holders shall correctly handle adjacent relationships in accordance with the principles of conducive to production, convenience of life, solidarity and mutual assistance, fairness and reasonableness, and shall not harm or affect the rights and interests of neighbors when exercising their rights, otherwise, they shall bear corresponding responsibilities in accordance with law.

If the downstairs wall is damaged due to the leakage of the air conditioning drain pipe of the building, the property management company is responsible for dealing with it.

If it is caused by a leak in the condensate drain pipe of your own air conditioner, the upstairs residents need to be responsible for restoring the walls of the downstairs residents. At the same time, the upstairs residents can determine whether they need to find an air conditioning manufacturer to bear certain responsibilities according to the cause of the leakage of the drainage pipe.

Legal analysis: First, when the developer designs the placement of the air conditioner outdoor unit, it will not do waterproofing, the reason is very simple, there is no requirement on the design institute and drawings. Second, the developer will generally install pipes in the location of the outdoor unit, so that the pipe of your air conditioner can be plugged in and drained.

Third, if there is no pipeline, you can consult the property personnel, let the property personnel contact the developer to install, the pipeline, if the property can not communicate smoothly, you can go to the Housing and Urban-Rural Development Bureau, the Housing Authority, the Urban Construction Bureau, complaint, they have the right to enforce the law, than the property to the real. Fourth, if it is the owner's own reasons (the air conditioner does not have an external unit, is not placed according to the position, and the drainage pipe is inadvertently damaged,) you must contact the property to help repair, of course, you may have to spend some money, if it is not the original problem, then you have the right to ask the property to fund the maintenance. Fifth, the machine in the room, you can ask the master of the decoration and the master of the air conditioner to check together whether it is a quality problem of the air conditioner or a problem during the decoration.

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

Article 236:Where a real right is obstructed or might be obstructed, the right holder may request that the obstruction be removed or the danger eliminated.

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.

1. Who is responsible for the water leakage outside the air conditioner?

1. The owner of the air conditioner shall be responsible for the leakage of the air conditioner, and the owner of the air conditioner shall be responsible for maintenance, and if the water leakage causes property damage to others, compensation is also required. This problem air conditioner owner, should find the air conditioner installation after-sales repair, air conditioning after-sales will be timely and accurate repair of all problems in the air conditioner.

2. Legal basis: Article 286 of the Civil Code of the People's Republic of China.

The owner shall abide by the laws, regulations and management regulations, and the relevant behaviors shall comply with the requirements of resource conservation and ecological environment protection. The owner shall cooperate with the property service enterprises or other managers in accordance with the law in implementing emergency response measures and other management measures in accordance with the law.

The general meeting of owners or the owners' committee has the right to request the perpetrator to stop the infringement, remove the obstruction, eliminate the danger, restore the original state, and compensate for the losses in accordance with laws, regulations, and management regulations for acts that harm the lawful rights and interests of others, such as arbitrarily disposing of garbage, discharging pollutants or noise, raising animals in violation of regulations, building in violation of regulations, encroaching on passages, and refusing to pay property fees.

Where the owner or other actor refuses to perform the relevant obligations, the relevant parties may report or complain to the relevant administrative department, and the relevant administrative department shall handle it in accordance with law.

2. How to compensate for the leakage of the air conditioner and the flooding of the downstairs wall.

1. The party damaged by water leakage should first ask the housing quality inspection department to make an appraisal report on the cause of water leakage in the house and how to make up the leakage;

2. After the appraisal is found, if it is the cause of the adjacent party, the adjacent party can be required to make repairs immediately or in a timely manner on the basis of the report, and if the obstruction or loss is caused to the adjacent party, the infringement shall be stopped, the obstruction shall be removed, and the loss shall be compensated.

Legal analysis: The owner of the air conditioner is usually responsible for the leakage of the air conditioner, and the owner of the air conditioner should be responsible for repairs, and if the water leakage causes property damage to others, compensation is also required.

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.

Legal Analysis: The party that alters the air conditioning unit is responsible. The air conditioning units in the house are generally designed, and once they are altered, they are prone to change defects, resulting in such and such problems. You can also directly contact the property management company to coordinate.

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

Article 120:Where civil rights and interests are infringed upon, the infringed party has the right to request that the infringer bear tort liability.

Article 183:Where oneself is harmed by protecting the civil rights and interests of others, the infringer bears civil liability, and the beneficiary may give appropriate compensation. Where there is no infringer, the infringer has escaped, or is unable to bear civil liability, and the victim requests compensation, the beneficiary shall give appropriate compensation.