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Downstairs leakage compensation property, this is a crooked reason, from your home leakage, affecting the downstairs, you must give the downstairs repairs.
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The house forgot to turn off the water pipes and caused the water leakage downstairs to be affected, then in this case, the property is obliged to accompany the repair, and the upstairs owner should compensate the downstairs owner for the loss, after all, it is the upstairs owner's house, and he forgot to turn off the faucet.
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You can consult the property to see if they can give you the repair in this case.
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Within the scope of maintenance, the new house is managed by the developer within one year, and is not responsible for itself. If you let the property turn off the water, the property doesn't care about the property and your business. If you don't let the property close, or you can't tell it, you are fully responsible for your own affairs.
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Prevent asking who dares to go downstairs to send the impact should be compensated for the task? Is there any obligation to repair it? Did you change it? How did I adapt to this back then.
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Summary. Whoever leaks, who compensates. There is no obligation to repair the property.
The house forgot to turn off the water pipe, resulting in water leakage, the downstairs should not be compensated, and the property is obliged to repair?
Whoever leaks, who compensates. There is no obligation to repair the property.
Our family forgot to turn off the water pipe, and the property notified in advance to overhaul the water tank.
The time notice is from 7 a.m. to 5 p.m., and the fruit comes at noon.
The time notice is from 7 a.m. to 5 p.m., and the fruit comes at noon.
Finish. There was no one at home.
caused water to infiltrate the kitchen downstairs.
caused water to infiltrate the kitchen downstairs.
Is it there? In this case, the property bears the most and a small part of the responsibility.
Because the property has been notified in advance of the water outage.
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1) The first step should be 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 human causes, the developer shall bear full responsibility. According to Article 7 of the Measures for Quality Warranty of Housing Construction Projects:
Paragraph (2) of Article 1 has roof waterproofing projects, toilets, rooms and external walls with waterproof requirements for leakage prevention, for 5 years, paragraph (4) for electrical pipelines, water supply and drainage pipelines, equipment installation for 2 years, calculated from the date of completion and acceptance of the project.
First, how to do the roof waterproofing.
a) Ensure the quality of waterproof materials.
To do waterproofing on the roof, we must first choose a good waterproof material, and the roof waterproof material must have quality assurance, and it must also be certified by the designated quality inspection department to ensure that the quality meets the national standards.
2) Pay attention to the roof drainage slope.
The drainage slope of the flat roof is about 2 3, when the slope is less than 2, it is advisable to use materials to find the slope, when the slope is greater than 3, it is advisable to choose the structure to find the slope.
3) Do a good job of various preliminary preparations.
Before roof waterproofing construction, it is necessary to carefully check the roof construction drawings, grasp the detailed structure and relevant technical requirements in the construction drawings, so as to avoid leaving defects after construction and affecting the quality of the project.
4) Prepare the materials.
Usually home roof waterproofing is done using membrane waterproofing material, which should be carried out after the completion of masonry, installation equipment, plumbing, etc. When paving the high and low span houses, it should be carried out in the order of first high and then low silver, first far and then near.
5) Pay attention to the seams of the flat layer.
Joints are a key part of waterproofing projects, and if the joints are not done properly, they will often cause water leakage. When waterproofing, the leveling layer should be provided with a lattice joint, and filled with sealing materials, and the lattice joint should be left at the end joint of the plate, the cement mortar leveling layer can not be greater than 6m, and the asphalt mortar leveling can not be greater than 4m.
2. Precautions for the owner when signing the decoration contract.
1) Fengshen writes clearly both parties A and B: The decoration contract is actually a legal document signed by the owner to contract his own decoration project to the decoration company, and the contract should specify the contractor and the contractor, that is, we usually call both parties A and B.
2) Party A's representative: Party A's representative of home improvement is generally the owner himself, or a family member who can supervise the project for himself.
3) Clarify the rights and obligations of the construction party: The rights and obligations of the construction party should be clearly written in the contract, mainly to formulate the construction plan and construction schedule in advance and give it to the owner for approval.
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Losses caused by leaking water pipes are generally the responsibility of the property. If the actor causes the water pipe to leak, the actor shall bear the responsibility. If there is a quality problem in the water pipe that causes water leakage, within the three-guarantee period, the water pipe operator or producer is generally responsible for repair.
Article 1160 of the Civil Code, five articles of the clear paragraph.
Where the actor infringes upon the civil rights and interests of others due to his fault and causes harm to his reputation, 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 1184.
Where the property of others is infringed, the property loss shall be calculated in accordance with the market or other reasonable methods at the time of the loss.
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Whether the main pipeline leakage property needs to be compensated depends on who is responsible, and the first thing to do is to confirm the cause of the main pipeline leakage.
According to Article 51 of the "Property Management Regulations", water supply, power supply, gas supply, heating supply, communications, cable television and other units.
It 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. 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. From this regulation, it can be seen that if there is a water leak due to decoration, it is the responsibility of the decoration company.
If it is not the water leakage caused by the decoration company, it is the property responsibility, and if there is no 2-year warranty period for the main pipeline, the property can find the construction unit to pursue responsibility. If the warranty period has passed, only the property can compensate for it.
You can hire a housing appraisal agency and invite the property to be present to identify the renovation pipeline, determine the specific responsible person, and then ask for compensation.
Legal basis. Article 51 of the Regulations on the Management of the Property Management of the People's Republic of China, such as water supply, power supply, gas supply, heat supply, communications, cable television, etc., shall bear the responsibility for the maintenance and maintenance of relevant pipelines and facilities and equipment within the property management area in accordance with the 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.
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The liability for damage to the downstairs occupants caused by a leaking water pipe in the upstairs house should be determined on the basis of fault, i.e. who has the duty to repair the water pipes.
Whether a property has a duty to repair should be determined according to the strata service agreement. If, as stated by the property, the warranty for the plumbing is only five years, then the obligation to repair the plumbing belongs to the landlord upstairs, i.e. the landlord upstairs should be liable for compensation. Otherwise, the property shall be liable for compensation.
If the cause of the water pipe leakage includes the irrational use of the lessee, the lessee shall be jointly and severally liable with the lessor.
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1. There must be evidence (witnesses) to prove that it is the result of damage caused by the aging and leakage of the water pipes of the house, 2. There must be evidence (witnesses) to prove that they are not responsible, (there is no intentional and negligent liability).
3. The warranty period of the water pipe is the responsibility of the development company, and the warranty period has expired, mainly to see what part of the water leakage is at the bottom, the owner of the indoor water leakage is responsible, and the property is responsible for the water leakage in the public area, which is clearly explained.
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It should be the responsibility of the developer. But is the warranty for water pipes only five years? It will take 70 years to get the house.
To deal with this knotted pipe, the pipe on the ground must be treated, not just this, because the ground has been in water for a long time and quickly corrodes and must be treated. The two corners of the wall must be damaged, and the water pipe on the wall is no problem, just deal with this section of the ground, not just deal with the chisel opening, so that you will be much more relieved, and you don't have to worry about the leakage caused by the rust of the pipe.
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