Is a leak in the house a property repair or a property owner repair

Whether a house leak is a property repair or an owner's repair is divided into two situations:

1. If it is still within the warranty period, this situation is repaired by the developer.

2. If the warranty period has passed, it is necessary to divide according to the responsibility, if it is caused by human factors, such as changing the pipe to cause rain leakage in the house, in this case, it is up to you.

CommonThe house is leakingReasons andLegal RelationshipResolution

1. The leakage caused by quality problems when the developer builds the house forms a legal relationship for the quality of commercial housing.

2. The leakage caused by the renovation of the house, the reconstruction of the pipeline, the improper use of water, etc., by the upstairs residents, forms a tortious legal relationship of property damage.

3. The downstairs residents cause damage to their roofs during the decoration and cause leakage, forming an adjacent legal relationship.

4. The natural aging of waterproof materials caused by the long-term use of the house leads to leakage, which is also the formation of an adjacent legal relationship.

5. If the leakage caused by shared facilities and equipment has expired, the legal relationship of property management disputes shall apply.

If there is a water leak in the building, and the house is still within the warranty period, due to a loophole in the design, we can directly contact the developer to solve the problem. Because there is a quality problem in the house, it should be solved by the construction unit.

If the house has passed the expiration date, it is an objective factor that causes water leakage, or a public part causes water leakage, you can find a property management company to help, and the property management company should also actively cooperate, and help the owner find the cause of water leakage, and then solve the trouble of water leakage. And in this case, because the owner pays the strata fee every year, the strata company should also help.

If the water leakage problem is caused by the owner's private change of pipes or poor waterproofing, in this case, it is unreasonable to find the property management company to claim compensation. Because this is caused by human factors, the property company can play a coordinating role in the middle, but the property company is not a law enforcement department, and the main body of the matter is the owner himself.

A common problem of water leakage in the house.

1. Leakage of roof.

Roof leakage is a common problem, caused by incorrect construction, in the roof construction, due to poor waterproof materials or the construction is not rigorous, in this case it is caused by water leakage, some in the construction, after the waterproof layer, do not take some protective measures, so that in the sun will be damaged, which also leads to roof leakage.

2. Water leakage on the wall.

The wall is also prone to a leakage, most of the reasons are the wrong construction, or cut corners, and some of the real estate developers in the house, when using cement, do not add some waterproof materials, so that the cement falls off, and there is water leakage, which not only affects the appearance, but also makes the wall damp, and water leakage.

3. Leakage of doors and windows.

There are many reasons for the leakage of doors and windows, if it is caused by incorrect installation, there are also material quality problems, etc., after the doors and windows are installed, it is necessary to use special glass glue to glue, so as to prevent the problem of water leakage in doors and windows.

Legal Analysis: If there is a water leak due to the negligence of the property management, or if the problem is not dealt with in time, resulting in an increase in losses or a more serious problem, the property is responsible for repairs. If within the warranty period, if the water leakage is not caused by human causes, the developer shall bear full responsibility.

Legal basis: "Property Management Regulations" Article 55 When there are potential safety hazards in the property, endangering the public interest and the legitimate rights and interests of others, the responsible person shall repair and maintain it in a timely manner, and the relevant owners shall cooperate.

If the responsible person does not perform the maintenance obligation, with the consent of the owners' general meeting, it can be repaired and maintained by the property service enterprise, and the cost shall be borne by the responsible person.

1.Is the house leaking property management or repairing it yourself?

1.Whether the house leakage is property management or repairing it yourself needs to be considered according to the situation:

1) If it is still under warranty, you can contact the developer directly, and the developer will be responsible for the repair. If the furniture, appliances, and floors in the house are damaged due to rain leakage, the responsibility can also be borne by the developer;

2) If the warranty period has passed, that is, if there is a water leakage problem after 5 years, the specific responsibility should be divided. If it is caused by human factors, it should be repaired by itself. For example, if you change the pipeline, there will be a problem of defection at home, and you will have to bear the loss.

Strata companies.

Generally, it is repaired by the property, because the exterior wall belongs to the public part, so it is the maintenance scope of the property, but if it is because of man-made damage, resulting in water seepage on the exterior wall, then it should be repaired by the vandal and bear the corresponding loss responsibility, if the vandal has no way to repair, the property can be repaired, and the vandal bears the corresponding costs.

The exterior wall itself belongs to the public area, and if it is some new communities with a property management company, it can be repaired directly through the property management company. The property management company has the obligation to maintain the common area, so it is understandable that the property is responsible for the management and maintenance. If the exterior wall of the community is still within the warranty period, the property company can negotiate with the developer, and the developer will be responsible for the cost of maintenance.

Identify the person responsible for water seepage on the exterior wall

1. If it is a newly purchased first-hand house, it has not yet passed the shelf life.

If water seepage occurs on the exterior wall, the developer will bear the corresponding responsibility. Under normal circumstances, the warranty period of the new house is 5 years, and the starting time is the delivery date, when the user encounters this situation, he can trouble the property to come forward, ask the developer to repair, and take responsibility, if the developer is not responsible, you can seek legal help to protect their own rights and interests.

2. If the house has passed the warranty period, and due to poor property management, resulting in water seepage on the exterior wall, then the property company needs to bear the corresponding responsibility.

3. If the exterior wall of the house is leaking due to natural aging, the property company can extract public maintenance**.

Repair the leaking part of the exterior wall. Of course, when picking up repairs**, it must be approved by at least two-thirds of the owners.

4. If the exterior wall is leaked due to the owner's illegal decoration, it is the owner's personal behavior, and he needs to compensate for the corresponding expenses and bear the maintenance work.

1. Is the roof leakage on the top floor repaired by the property or the owner?

1.Roof leaks on the top floor are repaired by the property or by the owner, depending on the situation:

1) Leakage caused by quality problems, leakage caused by decoration, by the property to bear the responsibility for leakage;

2) The leakage caused by the aging of drainage pipes and anti-leakage facilities is a natural phenomenon and the owner should be held responsible.

Legal Analysis: A property that leaks water in the common part of the house and the owner has paid for repairs** is responsible for repairing it. Water leakage caused by damage to the common parts of the house or common facilities and equipment can apply for the use of special public maintenance of the residence**, which shall be approved and used by the competent department of construction and real estate or the general meeting of owners.

Legal basis: Measures for the Management of Special Residential Maintenance Funds》 Article 20 The maintenance and renewal and renovation costs of the common parts of the dwelling and the common facilities and equipment shall be apportioned in accordance with the following provisions: (1) The maintenance and renewal and renovation costs of the common parts and common facilities and equipment between the commercial dwellings or between the commercial dwellings and the non-dwellings shall be apportioned by the relevant owners in accordance with the proportion of the construction area of the respective properties.

2) The cost of maintenance, renewal and renovation of the common parts and common facilities and equipment between the after-sales public housing shall be shared by the relevant owners and the 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 public housing and commercial housing or non-residential buildings after the sale of the forest surplus file 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.