The old house has no property, who is responsible for the roof leakage? 5

Article 273 of the Civil Code: The owner has rights and obligations to the common parts other than the exclusive parts of the building; Waiver of rights may not be used as a reason for non-performance.

The roof is a common area, but who owns it? The entire building is shared by all the owners, and the roof should be repaired by everyone at their own expense, and the amount should be shared equally. The economic damage caused by a leaky roof should also be borne by everyone.

In other words, not only the loss of the sixth floor, but also your home should be shared by everyone (including yourself and the owner of the sixth floor).

Talk to the owner of the sixth floor about this matter, let him stand on your side, and then find the neighborhood committee or street office, and ask them to help negotiate with other neighbors, and complete the repair as soon as possible to avoid leakage in the future. If it drags on for a long time, such as more than 1-2 months, you can give the local **hit** to speed up the progress.

Remember, ** is the last step, and you must do all the work ahead. No result, look for ** again.

If it is an old house, there is no property company in the community, and in the case of providing property services, the roof leaks and can only be repaired by the owner himself, after all, the old house has long passed the warranty period, and the community has not invited the property company to maintain it, so it can only be repaired at the owner's own expense.

Regardless of whether there is a property or not, within the warranty period stipulated by the state, the property is repaired by the development and construction unit. After the expiration of the warranty period, the property owner (owner) is responsible for the repair and maintenance of the exclusive part.

1. Does the roof leakage belong to the property management?

1. Roof leakage belongs to the property management. According to the relevant provisions of the property management contract, the community property needs to provide services such as maintenance and management of the common part of the house. The roof belongs to the public area of the community, so the roof leakage belongs to the property management, and the warranty period of the building waterproof is 5 years. If the roof leaks outside the warranty period, you can apply for repairs**.

2. Legal basis: Article 20 of the Measures for the Management of Special Residential Maintenance Funds.

The cost of maintenance, renewal and renovation of the common parts of the dwelling and the common facilities and equipment shall be apportioned in accordance with the following provisions:

1) The cost of maintenance, renewal and renovation of common parts and common facilities and equipment between commercial residences or between commercial residences and non-residential buildings shall be shared by the relevant owners in accordance with the proportion of the construction area of the property owned by them.

2) The cost of maintenance, renewal and renovation of common parts and common facilities and equipment between after-sales public housing shall be shared by the relevant owners and public housing sales units in accordance with the proportion of the special residential maintenance funds deposited; Among them, if it should be borne by the owner, it shall be shared by the relevant owners according to the proportion of the construction area of the property owned by them.

3) The maintenance, renewal and renovation costs of the common parts, common facilities and equipment between the after-sales public housing and commercial housing or non-residential buildings shall be apportioned to the relevant properties in accordance with the proportion of the construction area. Among them, the expenses to be shared by the after-sales public housing shall be shared by the relevant owners and public housing sales units in accordance with the proportion of the special residential maintenance funds deposited.

2. What is the scope of property management?

The scope of property management is as follows:

1. Greening management;

2. Health management;

3. Public safety management;

4. Vehicle traffic management;

5. Management of public utilities;

6. Management of illegal construction;

7. A variety of life services.

If there is no property management in the old community, the problem of water leakage in the house will have to find the property rights unit, if you don't know which property rights unit it belongs to, you can find the community to help find the housing management department, find the property rights unit of the community, and have the right to ask the production area unit to do water leakage treatment work with maintenance.

Who is responsible for the leakage of the liquid roof of the old residential building?

1. In fact, the roof of many communities is the shared area of all owners, if there is a leakage problem that needs to be solved according to the house warranty, normally the new community has a roof leakage problem within 5 years after the handover of the real estate, it is necessary to find the developer to repair, because there are relevant regulations that say that the warranty period of the waterproof project of the house is 5 years, and the problem needs to be repaired by the developer within 5 years.

2. If there is a water leak in the old community or the new community after more than 5 years, all the owners of the community need to be responsible for maintenance, and the relevant costs spent on maintenance can be paid from the housing maintenance, if there is no housing maintenance, it can be shared according to the size of the living area.

3. However, if it is a human factor that causes the roof to leak, the person who damaged it needs to be responsible for maintaining it and compensating for other related losses.

Legal analysis: general house leakage refers to roof leakage and exterior wall leakage, no matter what kind of leakage, as long as it is within the warranty period, it is not man-made damage, the developer will be responsible for repair. However, if it is man-made damage, the damage shall be borne by the person who damaged it, such as opening skylights on the roof, installing solar energy, renovating the exterior walls, etc., and changing the original structure, and the developer has the right to refuse to repair the waterproofing free of charge.

Legal basis: "Property Management Regulations" 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.

Legal analysis: If the main responsibility for the roof leakage lies with the property, then the property needs to be dealt with, and if the repair cannot be achieved through negotiation, the following methods can be adopted, such as inviting relevant personnel to conduct on-site justice. At the same time, for the scope of compensation for losses, it is recommended to invite enterprises with assessment qualifications, such as ** certification centers, to conduct on-site evaluation and evaluation.

After the relevant formalities are completed, it is appropriate to file a lawsuit with the court.

After discovering a water leak, the injured party should first protect the scene and fix the evidence. For example, the collection of evidence such as photographs, video recordings, etc. You can first find the property or community in the community and ask them to give advice, or ask them to go to the neighbor upstairs to negotiate repairs.

Legal basis: Article 942 of the Civil Code of the People's Republic of China Property service providers shall, in accordance with the agreement and the nature of the use of the property, properly repair, maintain, clean, afforest, operate and manage the common parts of the owners in the property service area, maintain the basic order in the property service area, and take reasonable measures to protect the personal and property safety of the owners.

For violations of laws and regulations related to public security, environmental protection, fire protection and other laws and regulations in the property management service area, the property service provider shall promptly take reasonable measures to stop it, report to the relevant administrative department and assist in handling it.

1. Whether the roof leaking property has the obligation to repair needs to be specifically analyzed

1) General house leakage refers to roof leakage and exterior wall leakage, no matter what kind of leakage, as long as it is within the warranty period, not man-made damage, the developer will be responsible for maintenance;

2) If it is man-made damage, the damage shall be borne by itself, such as opening skylights on the roof, installing solar energy, renovating the exterior wall, etc., and changing the original structure, the developer has the right to refuse to repair the waterproofing free of charge.

2. Legal basis: Article 2 of the Property Management Regulations.

The term "property management" as used in these Regulations refers to the activities in which the owners select and hire property management service enterprises, and the owners and property management service enterprises carry out repair, maintenance and management of houses and supporting facilities and equipment and related sites in accordance with the property management service contract, and maintain environmental sanitation and related order in the property management area.

2. Under what circumstances can the property management fee not be paid?

Property management fees may not be paid in the following cases:

1. Because the house has not been delivered due to the quality of the house, the property fee is paid by the developer;

2. The house is rented out, and the lease contract indicates that the property fee is paid by the tenant;

3. If the property management company fails to perform the service responsibilities of the contract, all the owners can refuse to pay, but there must be strong evidence;

4. The property management company did not sign a contract with the owner;

5. The service quality provided by the property company does not meet the standards agreed in the contract;

6. The property company does not have the original approval documents of the price management department;

7. The property management company expands the scope of fees and raises the fees without authorization;

8. The property management company does not have the permission of the owner to increase the fee project community property service is not good.

The old house has no property, who is responsible for the roof leakage?

Hello, there is no property in the old community, and the roof is leaking, so you can negotiate with all the owners to solve it. If it is a water leakage problem caused by improper use by individual households, in order to avoid unnecessary conflicts, it should be resolved through consultation with neighbors as much as possible. If you do not cooperate, you can file a lawsuit in court.

If it is caused by the natural aging of the building, it may need to be repaired by the whole building or the relevant residents.