How the new property law regulates upstairs and downstairs sewer lines

There are no specific provisions, but they must not harm the interests of the other party.

1. Article 117 of the General Principles of the Civil Law of the People's Republic of China stipulates: "Anyone who damages the property of the state, the collective, or the property of others shall be restored to its original state or compensated at a discounted price. Where the victim suffers other major losses as a result, the infringer shall also compensate for the losses. ”

2. Article 134 stipulates: "The main ways to bear civil liability are: (1) stopping the infringement; (2) Removing obstructions; (3) eliminate the danger; (4) Return of property; (v) restitution; (6) Repair, rework, or replacement; (7) Compensate for losses; (8) Pay liquidated damages; (9) Eliminate the impact and restore reputation; (10) Make a formal apology.

The above methods of bearing civil liability may be applied separately or in combination. ”

3. In the process of housing system reform and urban construction and development, the emerging industry of property management came into being. The number of property management enterprises nationwide has increased rapidly. Its emergence and development have played a positive role in improving the living and working environment of the masses of the people, raising the level of urban management, and expanding employment.

Some problems have also arisen that need to be resolved through legislation and the improvement of the system.

4. The "Property Management Regulations" are revised in accordance with the "Decision on Amending the Property Management Regulations", 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.

It was promulgated on August 26, 2007 and came into force on October 1, 2007. There are 7 chapters and 70 articles.

Is there a new property law? There is no property law in the country. This kind of thing is simple, upstairs and downstairs negotiate, the cost is half each, and the upstairs really doesn't pay, so you can only go to the court to sue.

Legal analysis: As the manager of the public area of the community, the property company has the obligation to regularly repair and maintain the public facilities and public equipment of the community, and shall ensure the smooth operation of the common equipment. Regardless of the cause of the blockage of the main water pipe, the property management company has the obligation to carry out regular inspection and unclogging of the main water pipe, so the property management company needs to bear the corresponding responsibility for this.

Legal basis: "Property Management Regulations" Article 44 In the property management area, water supply, power supply, gas supply, heat supply, communications, cable television and other units shall collect relevant fees from end users. Where a property management service enterprise accepts the entrustment to collect money and fees on its behalf, it shall not charge the owner additional fees such as handling fees.

Summary. According to Article 73 of the Property Law, the roads within the building zoning belong to the owners in common, except for the urban public roads. The green space in the building zoning belongs to the owners in common, except for the urban public green space or the individual that is expressly indicated.

Other public places, public facilities and property service buildings in the building zoning belong to the owners in common. This provision divides the general scope of the common parts other than the exclusive part of the building, and the common scope of the owners includes the following four aspects:

a) the basic structural part of the building;

2) the common parts of the building and its appurtenances;

3) the right to use the foundation occupied by the building;

4) Relevant facilities of residential communities.

Division of sewer pipes under the Property Act.

Hello, the division of sewer pipes under the property law is as follows;

According to Article 73 of the Property Law, the roads within the construction zoning of the Que belong to the owners in common, except for the urban public roads. The green space in the building zoning belongs to the owners in common, except for the urban public green space or the individual that is expressly indicated. Other public areas, public facilities and property service buildings in the building zoning belong to the owners in common.

This provision divides the general scope of the common parts other than the exclusive part of the building, and the common scope of the owners includes the following four aspects: it imitates (1) the basic structural part of the building; 2) the common parts of the building and its appurtenances; 3) the right to use the foundation occupied by the building; 4) Relevant facilities of residential communities.

Hello, it is the responsibility of the owner.

Is it my responsibility, or is it the responsibility of the downstairs owner.

Hello, if there is a problem with the house, it is the responsibility of the owner, and it is your responsibility if it is man-made.

It's not artificial, is there a basis for the terms?

Hello, wait. User 9429188027332021-04-18You crack the early forest and guess that the property will be repaired, but the cost is borne by who uses it. If it is sabotage, whoever is bad is responsible.

And it is up to the property to repair it, but the cost is borne by whoever uses it. If it is sabotage, whoever is bad is responsible.

Hello, this is unfounded, according to the contract it has a shelf life.

This use is my sewer pipe, meaning I use it I am responsible?

Hello, no, at first the responsibility is the owner's, you first look at the contract whether there is this article, generally the contract is written with a shelf life.

The house has been delivered for 7 years, and the downstairs renovation found the problem, who will deal with the solution.

Hello, this is a problem between the renovation company and the owner, and it has nothing to do with you.

Is there a basis.

The "Detailed Rules for the Implementation of Property Management" stipulates that public sewer pipes belong to public facilities and are blocked, and the property is responsible for dredging. If it is damaged, the responsible person is responsible for repairing, and if there is no responsible person, the property management company will repair it with public maintenance. Owners of residential properties, non-residential properties in residential quarters or non-residential properties connected to the structure of a single residential building shall pay special maintenance funds in accordance with the relevant provisions of the State.

The special maintenance funds belong to the owner, and are specially used for the maintenance, renewal and transformation of the common parts of the property and the common facilities and equipment after the expiration of the property warranty period, and shall not be diverted for other purposes. Measures for the collection, use and management of special maintenance funds shall be formulated by the construction administrative department in conjunction with the financial department.

Where the owner of immovable property rights of immovable property uses adjacent immovable immovable property for the purpose of using water, drainage, passage, laying pipes, etc., it shall try its best to avoid causing damage to the owner of adjacent immovable real estate; Where damage is caused, compensation shall be given. If the agreement fails, it can file a lawsuit in court, and it will be supported.

Laws and Regulations. Article 54 of the Detailed Rules for the Implementation of Property Management:

Owners of residential properties, non-residential properties in residential quarters or non-residential properties connected to the structure of a single residential building shall pay special maintenance funds in accordance with the relevant provisions of the State. The special maintenance funds belong to the owner of the town, and are specially used for the maintenance, renewal and transformation of the common parts of the property and the common facilities and equipment after the expiration of the property warranty period, and shall not be used for other purposes. Measures for the collection, use and management of special maintenance funds shall be formulated by the construction administrative department in conjunction with the financial department.

According to Article 30 of the Property Management Law of the People's Republic of China, the property unit shall maintain the public facilities in the community it is responsible for managing, such as the water cavity and the pipeline. The property unit's requirements for the maintenance of water pipelines mainly include the following points: 1. Regularly inspect and maintain water pipeline facilities, find and eliminate damage in time, and ensure their normal use; 2. Clean the water pipeline regularly to prevent blockage; 3. Regularly inspect and replace the aging and damaged parts of the water pipeline to ensure its normal use; 4. It is necessary to prevent water pipeline leakage, and timely find and deal with water pipeline leakage problems; 5. Regularly inspect and clean the inner wall of the water pipeline to prevent water pollution from occurring; 6. Check the pressure of the water pipeline regularly to prevent the water pressure from being too large; 7. Check the connection of water pipes regularly to prevent leakage.

The above provisions can be derived from Article 30 of the Property Management Law of the People's Republic of China. This article stipulates that the property unit shall maintain the public facilities in Yuxian District, which it is responsible for managing, such as elevators, fire protection facilities, heating facilities, water supply and drainage facilities, environmental sanitation facilities, and greening facilities.

Judging from the above provisions, the property unit has clear regulations on the maintenance of water pipelines, and the property unit must be required to regularly maintain the water pipes to ensure their normal use. In addition, if the property unit fails to carry out maintenance in accordance with the provisions and causes losses to the residents of the community, the property unit shall bear the responsibility and compensate in accordance with the statutory provisions.