Should the responsibility of housing leakage be found by developers or property management?

Housing leakage is a housing quality problem, and developers should bear the responsibility. Developers and property companies are two main bodies, and owners and developers and property companies are two different legal relationships. Owners and developers are sales contracts, and owners and property companies are entrustment contracts.

Some property companies are subsidiaries of developers, and some property companies and legal representatives of developers are the same person, but it does not mean that developers are property companies. If the owner encounters water leakage in the house and repeatedly looks for property maintenance but fails to solve the problem, the owner should sue the developer, not the property company.

Settlement of disputes over water leakage in houses

1. First of all, we must find out who this management responsibility belongs to. Public facilities shall be paid from the maintenance fund by the property; Non-public facilities depend on whether they are exclusive or * * *. If there is an agreement between the parties, such agreement shall prevail. If there is no agreement, the owner of the proprietary part shall be responsible for the management and maintenance. However, there is controversy about who is responsible for the management and maintenance of some parts of * * *.

If the waterproof layer has facilities as * * *, as it belongs to concealed works, it is generally believed that the upstairs residents, as the actual users, should bear the behavior obligation of reasonable use, and the downstairs residents, as the beneficiaries, also have corresponding obligations, mainly reflected in the cost commitment.

2. Developer's responsibility: During the warranty period, the developer shall take full responsibility for water leakage caused by non-human reasons.

According to Item (2) of Article 1, Article 7 of the Measures for Quality Assurance of Building Engineering, it covers the roof waterproof project, the leakage prevention of toilets, rooms and external walls with waterproof requirements. The installation of electrical pipes, water supply and drainage pipes and equipment in Item (4) is two years, counting from the date when the project is completed and accepted.

3. Fair liability: for the house that has passed the warranty period, the parties are not at fault (or there is no evidence to prove that they are at fault). If the waterproof layer naturally ages, the maintenance cost at this time will be shared by the parties according to the provisions of Mintong 132 and the realization situation, generally half for one person.

4. Responsibility of the property: The water leakage is definitely not caused by the property, but if the property is neglected in management or fails to deal with the problem in time, resulting in the expansion of losses or more serious problems, then the property should bear the responsibility.

The former, such as pipeline blockage, is not caused by the property, but according to the property management contract and relevant regulations, the property company should regularly check and clean up, and if it fails to do so, the property responsibility can be investigated; The latter, such as illegal decoration upstairs, the property has not been stopped, then you can find the property to claim compensation for losses.

Extend the warranty period of information room service quality

The quality warranty period of the main structure project is the architectural design service life determined in the design documents. The quality warranty period of thermal insulation works shall not be less than 5 years, waterproof works shall not be less than 5 years, and decoration works shall not be less than 2 years.

The warranty period for the decoration quality of other outdoor materials shall not be less than 5 years; Except hardware, the warranty period shall not be less than 2 years, and the warranty period of external windows and entrance doors shall not be less than 5 years.

Except for concealed water supply and drainage pipelines and water supply and drainage pipelines used by * * *, the quality warranty period of heating and refrigeration system is not less than 10 year, and the quality warranty period of concealed pipelines is not less than 2 years.

The quality guarantee period of mining and refrigeration system shall not be less than 2 years. In addition to the cable quality warranty period, the electrical engineering quality warranty period shall not be less than 2 years. Intelligent building engineering quality warranty period shall not be less than 2 years.

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