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I think it depends on the situation, if the owner of the top floor knows that the water leak will affect the residents downstairs but still does not rectify it, then there is a certain amount of responsibility for this. If it's the opposite, then don't have too much responsibility.
I believe that everyone will always encounter water leakage in the community, and water leakage in the community is a very normal phenomenon, generally due to the ceiling.
and changes in the structure of water pipes. However, once there is a water leak between the upper and lower floor residents, it will always cause a lot of disputes.
First of all, we have to depend on the situation, the water leakage on the top floor is not the subjective consciousness of the owner of the top floor, nor is it intentional. I think the fundamental problem lies in the property unit, and the reason why there is a water leak on the top floor is that the structure of the house and other aspects of the structure are not reasonable. So, in the final analysis, the primary responsibility lies with the property unit.
In addition to the above, if the owner of the top floor knows that there is a leak in the ceiling. But if he is still allowed to leak water, thus affecting the residents downstairs, then he will be held responsible in this case. Because the owner of the penthouse in this case is subjective and not unintentional, and therefore responsible.
If we encounter similar events in our lives, we can report the problem to the property in time. <>
When encountering such a thing, we have to come forward to communicate with the owner of the top floor as soon as possible. If you can't solve the problem through communication, you can choose to report the problem to the property and property rights unit. After all, this aspect is the responsibility of the property and the property unit, and they also have the obligation to solve such similar problems.
If this method does not solve the problem, then there is a legal route. We can file a complaint with the housing and urban development department and ask the local housing and urban development department to come to the door to solve the problem, and the housing and urban development department will generally order the owner of the top floor to rectify the problem. <>
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There is no need to be responsible, mainly because of the quality of the house, which has little to do with whether the owner decorates or not, and needs to find the developer to take responsibility.
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If it should be the responsibility of the developer during the warranty period of the house, it should be solved with the assistance of the property management company; If the warranty period is exceeded, it should be the responsibility of the property company, of course, the property company will use major repairs to repair the company. If there is no property management company, you can only be responsible for it after the warranty period.
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I think this situation needs to be done by Dazhe, after all, it is some of their actions that cause this situation to happen, and they need to compensate the downstairs, and they also need to repair it.
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1. Who is responsible for the leakage of the roof on the top floor of the community as follows:
1) If the waterproofing project of the house is within the warranty period, the developer needs to repair it if there is a problem;
2) If the waterproofing project of the house is outside the warranty period, it needs to be repaired by all the owners of the community, and the relevant costs spent on maintenance can be paid from the house maintenance, and if there is no house maintenance, it can be shared according to the size of the living area;
3) If the roof leakage is caused by human factors, the damager needs to be responsible for repairing and compensating for other related losses.
2. Legal basis: Article 271 of the Civil Code of the People's Republic of China.
The owner has the right of ownership of the exclusive parts of the building, such as residential and business buildings, and the right of co-ownership and joint management of the common parts other than the exclusive parts.
Article 272.
The owner has the right to occupy, use, benefit from and dispose of the exclusive part of his building. The exercise of the rights of the owner shall not endanger the safety of the building and shall not harm the legitimate rights and interests of other owners.
2. What are the reasons for water leakage on the top floor of the house?
The reasons for water leakage on the top floor of the house are as follows:
1. After a long time in the house, the top floor of the house is very prone to water leakage, because the waterproof protection done before has lost its effect;
2. Residents will build vegetable gardens and flower stands on the top floor, and in the design of these, they do not do a good job of waterproof isolation layer, so the water floods through the floor, which will cause water leakage on the lower floor;
3. Water leakage on the roof of the new house is a problem with the quality of the project, due to cutting corners in building materials, and it is also possible that the waterproof project is not up to standard.
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Summary. Hello dear, happy to answer your <>
First of all, it is necessary to confirm whether it is a housing quality problem, and an appraisal report needs to be issued by an appraisal agency. For commercial housing, the warranty period of the waterproof layer on the roof is 5 years, therefore, if the top floor of the purchased building leaks during the waterproof warranty period, it is the responsibility of the developer, and the developer is obliged to repair it free of charge, and must find the developer for maintenance within the time limit to prevent the developer from delaying beyond the warranty period and causing them to bear the maintenance costs.
The roof is leaking, and the owner downstairs is unwilling to take on the repairs.
Hello, dear, it's a pleasure to answer your <> with socks
First of all, it is necessary to confirm whether it is a problem with the quality of the house, and it is necessary for the appraisal agency to issue an appraisal report. For commercial housing, the warranty period of the waterproof layer on the roof is 5 years, therefore, if the top floor of the purchased building leaks during the waterproof warranty period, it is the responsibility of the developer, and the developer is obliged to repair it free of charge, and must find the developer for maintenance within the time limit to prevent the developer from delaying beyond the warranty period and causing them to bear the maintenance costs.
The law analyzes the leakage of water on the roof of the building, and which needs to be dealt with in different situations. 1. For commercial housing, the warranty period of the waterproof layer on the roof is 5 years, therefore, if the top floor of the purchased and rented real estate leaks during the waterproof warranty period, it is the responsibility of the developer, and contact the developer as soon as possible to request immediate repair. Prevent being delayed by the developer beyond the shelf life and causing you to bear the cost of repairs.
2. If the roof leaks during the warranty period, and the developer does not fulfill its obligations, it can go to the Consumer Association, the housing and construction department and the quality supervision department. 3. For commercial housing, if the roof leakage is caused by man-made damage, even within the warranty period, the developer is not obliged to give free repairs. In such a case, the only way to find a vandal to provide maintenance services, or to provide maintenance by the property and let the vandal bear the maintenance costs, if the other party refuses to compensate for the loss, it will go through the judicial route.
4. For the commodity, if the roof leaks after exceeding the warranty period, it is the responsibility of all owners because the roof is shared by the public. If the leakage is not serious, a small repair can be done, and all owners can discuss the sharing of maintenance costs. 5. If it is a rented house, the maintenance of roof leakage is completely the responsibility of the landlord, so it is necessary to contact the landlord in time and urge the other party to complete the repair as soon as possible.
Use of maintenance funds.
I'm on the top floor, and now the roof leak has to be repaired with public maintenance funds, and every owner in the building has to sign and agree, dear, is the roof of your house leaking, and the property requires every owner to sign?
So agree now?
No. What am I going to do.
What's going on now?
Can you elaborate on that?
The owners committee told us to find the residents in the building to sign and agree.
What should I do.
You can make a direct complaint about the property.
Such behavior is irresponsible.
This is to be managed by the property, not the owner.
Dear, you can go to the relevant departments for ts
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The property service provider shall, in accordance with the agreement and the nature of the use of the property, properly repair, maintain, clean, green 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.
Legal basis: Article 942 of the Civil Code of the People's Republic of China The property service provider shall, in accordance with the agreement and the nature of the use of the property, properly repair, maintain, clean, green 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.
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Summary. Hello, dear, I'm honored to answer for you! <>
The solution to the owner's reluctance to undertake the maintenance of the roof leakage downstairs is to file a lawsuit with the people's court with jurisdiction to require the other party to compensate for the loss and protect their legitimate rights and interests.
The roof is leaking, and the owner downstairs is unwilling to take on the repairs.
Hello, dear, I'm honored to answer for you! [Fresh section of the old flower grip Li Sheng] <>
The solution to the owner's reluctance to undertake the maintenance of the roof leakage downstairs is to file a lawsuit with the people's court with jurisdiction to require the other party to compensate for the loss and protect their legitimate rights and interests.
We didn't hand it over for repairs either**.
Legal basis: The warranty period of the waterproof layer on the roof of the building is 5 years, therefore, if the top floor of the purchased building leaks during the waterproof warranty period, it is the responsibility of the developer, contact the developer as soon as possible and request immediate repair. Prevent being delayed by the developer beyond the shelf life and causing you to bear the cost of repairs.
If the roof leaks during the warranty period, and the developer does not fulfill its obligations, it can go to the Consumer Association, the housing and construction department and the quality supervision department.
The property said let's sue ourselves and didn't give us owner information.
The warranty period is out.
We have been in the house for more than ten years.
Now the property doesn't give us the owner's information, and there is no way to sue.
Isn't it necessary to pay for the maintenance ** when the house is handed over?
1. Submit a written complaint to the property manager, requesting the property to provide information about the owner, and at the same time requesting the property to reply within the specified time limit; 2. If the property still does not provide the owner's information, it can file a complaint with the local residents' committee, ask it to intervene and urge the property to provide the owner's information; 3. If the property still does not provide the owner's information, you can complain to the local ** department and ask it to intervene and urge the property to provide the owner's information; 4. If the property still does not provide the owner's information, it can file a lawsuit with the local court to ask the court to order the property to provide the owner's information.
It is possible to complain about the property.
Make a written application to the property first.
I don't agree to go to the neighborhood committee to complain about the property.
What are the reasons for the property not to provide information?
What is the reason for the property not to provide information?
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Summary. Legal basis: Article 288 of the Civil Code of the People's Republic of China The adjacent rights holders of immovable property shall correctly handle the adjacent relationship in accordance with the principles of conducive to production, convenience of life, solidarity and mutual assistance, 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. "Civil Procedure Law of the People's Republic of China" Article 3: The provisions of this Law apply to people's courts accepting civil lawsuits raised between citizens, legal persons, other organizations, and between them on the basis of property and personal relationships.
Hello dear, happy to answer your <>
The roof leaks and hail the downstairs owner is unwilling to bear the maintenance of the relatives can sue the upstairs residents. When there is a water leak in the house, the upstairs residents infringe on the interests of the downstairs residents, and the upstairs residents have the responsibility to exclude the infringement.
Legal analysis: If the neighbors are unwilling to share the cost of repairs, then in order to maintain the relationship between the neighbors and the severe, they can bear their own responsibilities and no longer pursue them blindly. You can also dig the mold to the court to file a lawsuit, and the court will make a judgment.
Article 288 of the Civil Code of the People's Republic of China 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, 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, they may be indiscriminately registered in accordance with local customs.
Civil Procedure Law of the People's Republic of China》 Article 3: The provisions of this Law apply to the acceptance of civil lawsuits brought by citizens, legal persons, and other organizations, as well as between them due to property and personal relationships.
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Summary. Hello dear! Now for you to answer <>
The roof leaks and the upstairs owner does not repair the solution: find the property to find the community to coordinate, not directly with the upstairs owner to negotiate and solve the problem or go to the court through legal channels.
What to do if the roof leaks and the owner upstairs does not repair it.
Hello dear! Now for you to answer <>
The roof leakage blindly provokes the owner of the upstairs grinding socks to not repair the solution: find the property to find the community to cooperate with the lead banquet, not directly with the upstairs owner to negotiate and solve the problem or go to the court through legal channels.
Legal basis: Article 577 of the Civil Code; [Liability for breach of contract] If one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses. Article 40, Paragraph 2 of the Regulations on the Quality Management of Construction Projects:
Roof waterproofing works, toilets with waterproof requirements, rooms and external walls are leak-proofed for 5 years. "The prerequisite for the application of this provision is to establish that there is indeed a quality problem with the house built by the developer. If the leakage causes damage to the victim's property, the developer shall also bear the civil liability for the infringement.
If the leak is caused by the victim and his or her neighbors, the developer should not be held liable even within the five-year warranty period. If the leakage is not only due to the quality of the house built by the developer, but also due to the improper decoration verification of the leakage victim and his neighbors, the developer's liability should be reduced accordingly and the party at fault should bear the corresponding responsibility. The law applies to the leakage caused by the renovation of the house, the alteration of pipes, the improper use of water, etc.
He made a mistake in the decoration.
How much do you call the police?
He did not agree to fix it, and the property was not issued.
It's not to call the police, it's to sue.
This unreasonableness can only be enforced by the courts.
The owner of the top floor is not allowed to change the terrace of the attic casually, and it can only be changed if it is allowed, and if it is not given, then it is not allowed.
For the owners who live on the top floor, because of the problem of cold winter and hot summer, they have been troubled, so what are the effective measures for thermal insulation and thermal insulation on the top floor? It is possible to prevent both freezing in winter and the stuffiness of summer, and to analyze and discuss practical problems in detail. >>>More