Who is responsible for the external wall falling off in the old community?

The external walls of residential areas belong to all owners. Who should be responsible for the maintenance of the external wall, depending on its ownership and whether it is within the warranty period.

Residential area within the warranty period: according to the relevant regulations, under normal use, the losses caused by maintenance costs or quality defects of housing construction projects during the warranty period can be compensated to the construction unit;

Outside the warranty period: if there is a special maintenance fund for the house, it can be used for maintenance with the consent of two-thirds of the owners; If there is no housing with special maintenance funds, the maintenance cost needs to be borne by the owner of the whole building.

If the external wall of a residential area falls off, causing personal and property damage, and the owner, manager or user cannot prove that he is innocent, the building owner and manager shall be liable for compensation. As the owner of the building, the owner of the residential building whose external wall falls off shall bear the tort liability. The external wall is the public part of the community, and the property department should have the obligation to maintain and manage the public part. If the property company fails to fulfill the corresponding maintenance and management obligations, causing damage to the owners, the property company also needs to bear certain responsibilities.

1. Under normal use, during the warranty period of the house, losses caused by maintenance costs or quality defects of the house construction project can be compensated to the construction unit, and the general warranty period is 5 years. During this period, if there is a problem with the quality of the project and the external wall of the community falls off, then the developer can be responsible. If there is an accident that hurts people, it should also be compensated by the developer;

2. If after the warranty period, the community owners pay the property management fee and maintenance fund on time, then they can report to the property management company, and the property management company will apply for using the maintenance fund. If two-thirds of the owners of a community agree, then the maintenance fund can be used;

3. If you don't pay the property management fee and maintenance fund, it is an old community, and this time it should be borne by the residents of the whole building. If compensation is needed, it should be shared equally by all families.

Extended content: what are the repair methods for the external wall of the community to fall off?

1. The external wall falls off in a large area: it is recommended to replace the external wall brick of the old house with real stone paint, which is unsafe; When the outer layer of wall paint falls off, it can't be repaired close to the local area, otherwise the repaired outer wall will be like a dog skin plaster, and it will be repaired repeatedly in the later period. It is recommended to completely eradicate and repaint;

2. Layout of external wall falling off: For external wall tiles, check whether there are hidden dangers of falling off the surrounding tiles, and then uproot the tile base at the falling part and re-pave; Exterior wall paint partially falls off, so it doesn't need to be completely removed, and it needs to be partially repainted with thermal insulation paint for repair.

Legal basis:

Article 28 1 of the Civil Code stipulates that the maintenance fund of buildings and their ancillary facilities shall be owned by the owners. Can be used for elevators, roofs, external walls and barrier-free facilities as decided by the owner;

Such as * * * some maintenance, update and transformation. The collection and use of maintenance funds for buildings and their ancillary facilities shall be announced regularly.

In case of emergency, if the building and its ancillary facilities need to be repaired, the owners' assembly or the owners' committee may apply for the maintenance funds of the building and its ancillary facilities according to law.

Article 1253 of the General Principles of Civil Law of People's Republic of China (PRC) * * * Buildings, structures or other facilities and their shelving and hanging objects fall off and cause damage to others. If the owner, manager or user cannot prove that he is not at fault, he shall bear tort liability. After compensation, the owner, manager or user, if there are other responsible persons, has the right to recover from other responsible persons.