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Does the property of the house leak?
After the water leakage, the first thought of most owners is to find the developer to be responsible, but most developers will put the responsibility on the property, saying that they have handed over all the residential affairs to the residential property company for management. How should the owner deal with this situation? Mr. yi, the owner of a residential area in Nan 'an, found that his house was leaking after renovation. After a long time, it will become moldy. Mr. Yi thinks that this phenomenon is mainly because the developer didn't do a good job in the waterproof layer, so he went directly to the developer of the house, but the developer asked mr. yi to go to the property company, saying that they had handed over all the affairs of the community to the community property. After mr. yi found the residential property, the property sent someone to paint the leaking wall again, even if it was completed, but before long, the wall leaked again. After this repetition, the residential property only sent people to paint the wall every time, which made mr. yi very angry, so it did not fundamentally solve the problem. To this end, mr. yi took the residential property to court. However, after hearing the case, the court held that the developer should be responsible for the water leakage, not the residential property. Mr. yi lost the case, but mr. yi refused to accept it and decided to appeal again. In fact, in China, there are many cases of water leakage in houses. What should I do? Generally speaking, there are three reasons for housing leakage: first, the waterproof layer is damaged and leaked; Second, the pipeline is damaged and leaking; Third, the cracks in the house leak; According to the regulations, the warranty period of waterproofing works for roofs, external walls, kitchens, bathrooms and basements is five years. The person in charge during the warranty period and outside the warranty period is also different, as follows: 1. During the warranty period, the finely decorated room leaked due to the damage of the waterproof layer. Generally, the developer should be responsible for the maintenance, and the damage caused by improper use should be repaired by the actor; 2. During the warranty period, the rough house leaked water due to the damage of waterproof layer (1). If the customer personally confirms the 24-hour closed water experiment when closing the room, the customer is responsible; (2) If the customer does not personally confirm, the developer only has the certificate of completion acceptance, which can prove that man-made damage is the customer's responsibility; If the responsibility is not clear, both parties shall settle it through consultation; If negotiation fails, the third party shall apply for appraisal, and the expenses after appraisal shall be borne by the responsible party; 3. The waterproof layer outside the warranty period leaks due to natural damage, and the required repair costs shall be borne by all participants in proportion. 4. Waterproofing outside the warranty period leaks due to man-made damage. Article 11 of the Regulations of the Ministry of Construction on the Management of Urban Adjoining Houses with Different Properties stipulates that the responsible person shall bear the responsibility for the damage caused by improper use of adjoining houses with different properties. 5. Some water leaks are caused by the leakage in the bathroom or kitchen of the neighboring owners, so the management of water leakage needs the cooperation of the neighboring owners. If the adjacent owners are not qualified for the management of the leakage of the joint house, Article 10 of the Regulations on the Management of Urban Adjoining Houses with Different Properties stipulates that if the adjoining houses with different properties are naturally damaged, they shall be repaired in time and shall not delay or refuse, otherwise, the responsible person shall be responsible for compensation. According to this regulation, if the neighboring owners do not cooperate, they can find the owners' committee or community neighborhood committee to coordinate, because it is their obligation to coordinate the owners' relationship. If not, it should report the situation to the local housing management department, mediate or bring a lawsuit to the local people's court. 6. The developer is generally responsible for pipeline damage and water leakage during the warranty period. Damage caused by improper use shall be repaired by the actor. 7. Water leakage is caused by pipeline damage outside the warranty period, because the pipeline belongs to public facilities, and because it is a part of the overall facilities and equipment, public maintenance funds can be enabled. 8. During the warranty period, the developer is responsible for the maintenance of the house caused by cracks; Cracks and leaks caused by improper use shall be repaired by the actor himself. 9. Water leakage is caused by cracks in the house outside the warranty period. The parts of the house that are prone to cracks are roof, external wall and floor. These are the main structure of the house, which is shared by all owners and an integral part of the whole house. Housing public maintenance fund can be used for timely maintenance. According to the division of labor of the above-mentioned person in charge, Mr. Yi's house is obviously still under warranty. As for what caused the water leakage in the house, experts from the decoration network suggested that mr. yi could find professionals to help identify it, and after knowing the reason, he could find the person in charge of maintenance as stipulated by law. If the developer is responsible, mr. yi will find the developer responsible. No matter who the developer says will hand over the responsibility, mr. yi will not look for it. These things are left to the developers to deal with, and mr. yi can only do so.
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