Who is responsible for the leakage of the water pipe upstairs of the residents, and who is responsib

Legal analysis: According to the laws of our country, compensation can be claimed, and the owner of the upstairs shall compensate for the reasons, and the property shall compensate for the disrepair of the facilities.

Legal basis: Property Management Regulations

Article 51: Units such as for water supply, power supply, gas supply, heat supply, telecommunications, and cable television shall, in accordance with law, bear responsibility for the repair and maintenance of relevant pipelines, facilities and equipment within the property management area. 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.

Measures for the Quality Warranty of Housing Construction Projects

Article 10 In the event of quality defects involving structural safety, the construction unit or the owner of the building shall immediately report to the local construction administrative department and take safety precautions; The original design unit or the design unit with the corresponding qualification level shall propose the warranty plan, and the construction unit shall implement the warranty, and the original engineering quality supervision agency shall be responsible for supervision.

Hello, the responsibility of the pipe needs to distinguish the owner, if the water pipe in the building community belongs to the property, the property is responsible, your situation belongs to this.

If the house is within the developer's warranty period, you can apply to the developer for repair; If the warranty period has passed, if it belongs to the common part of the property, you can apply for maintenance funds to repair. Maintenance funds refer to the funds specially used for the maintenance, renewal and transformation of the common parts of the property and public facilities and equipment after the expiration of the property warranty period.

The warranty period and warranty scope look at the "Housing Quality Assurance Certificate" delivered by the developer (pre-property) to the owner when the house is delivered, and the quality assurance certificate is the guarantee that the developer provides to the buyer to assume responsibility for the quality of the commercial residence. If the quality warranty period has passed, the property should be notified that the property is generally responsible for the maintenance of the common parts and common facilities and equipment (i.e., the owner's common parts), and the cost is paid from the special maintenance fund paid by the owner. In addition, if you do not reach an agreement with the upstairs on the maintenance of the water pipes, and the property has the obligation to assist in notifying the business owner, and of course, the neighborhood committee also has the obligation to mediate the neighborhood dispute.

Legal analysis: It is necessary to judge according to the specific cause of the water leakage, if it is the owner's fault, the owner shall be liable, and if there is sufficient and sufficient evidence to prove that it is the developer's cause, the developer shall make maintenance compensation; The amount can be estimated according to the extent of the damage suffered and the household can be negotiated, and if the negotiation fails, a lawsuit can be filed to determine the attribution of responsibility and make up for the loss suffered.

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

Article 286: Owners shall abide by laws, regulations, and management regulations, and their relevant actions shall comply with the requirements of conserving resources and protecting the ecological environment. 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.

Article 287: Owners have the right to request that construction units, property management service enterprises or other managers, as well as other property owners, bear civil liability for their infringement of their lawful rights and interests.

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.

The responsibility for the leakage of the upstairs and downstairs water pipes shall be determined according to the following circumstances: 1. If it is caused by the upstairs decoration or other man-made reasons, the upstairs residents shall be responsible; 2. If the leakage of the upstairs and upper and lower sewer pipes is a quality problem of the house itself, the housing developer shall be responsible.

[Legal basis].

Article 288 of the Civil Code of the People's Republic of China provides that the owner of adjacent rights to immovable property shall correctly handle the adjacent relationship in accordance with the principles of conducive to production, convenience of life, solidarity and mutual assistance, and fairness and reasonableness. Article 296:Where the owner of immovable property rights uses adjacent immovable property for the purposes of water use, drainage, passage, laying pipelines, etc., it shall try its best to avoid causing harm to the adjacent immovable property rights holders. Article 1165:Where the perpetrator infringes upon the civil rights and interests of others due to 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.

Legal analysis: the property can be notified for processing, and the property can use the housing public maintenance ** paid by the owners to compensate accordingly and carry out repairs;

If it leaks through the gaps between the upstairs water pipes and floor slabs, the upstairs neighbour should be responsible for the relevant repairs and compensation.

Legal basis: Property Management Regulations

Article 1 In order to standardize property management activities, safeguard the legitimate rights and interests of owners and property service enterprises, and improve the living and working environment of the people, these regulations are formulated.

Article 2 The term "property management" in these Regulations refers to the activities of the owners through the selection of property service enterprises, and the owners and property service enterprises in accordance with the property service contract to repair, maintain and manage the housing and supporting facilities and equipment and related sites, and maintain the environmental sanitation and related order in the property management area.

Article 3 The State advocates that owners choose property service enterprises through an open, fair and just market competition mechanism.

Fourth State encourages the use of new technologies, new methods, relying on scientific and technological progress to improve the level of property management and services.

Fifth construction administrative departments are responsible for the supervision and management of national property management activities.

The local people's ** real estate administrative departments at or above the county level are responsible for the supervision and management of property management activities within their respective administrative areas.

Summary. If the upstairs and downstairs water pipes leak downstairs, the responsible party is generally responsible. It can also be resolved by negotiation between the parties.

Article 51 of the "Property Management Regulations" stipulates that water supply, power supply, gas supply, heat supply, communications, cable television and other units shall bear the responsibility for the maintenance and maintenance of relevant pipelines and facilities and equipment in the property management area in accordance with the law.

The upstairs and downstairs water pipes leak in the downstairs section, and the responsible party is generally responsible for Kai Oak. It can also be resolved by negotiation between the parties. Article 51 of the "Property Management Regulations" stipulates that units such as water supply, power supply, gas supply, heat supply, communications, and cable television shall bear the responsibility for the maintenance and maintenance of relevant pipelines and facilities and equipment in the property management area in accordance with the law.

Is the upstairs tap water inlet pipe leaking through my house, is the upstairs owner looking for someone to repair it or am I looking for someone to repair it, and who will bear the cost?

Upstairs find someone to repair your home.

Upstairs find someone to repair your home.

Oh, what if he doesn't want to find someone to fix it?

You can go to the property, and the property can be found without doing anything**!