How to compensate for the flood of the upstairs house and how to identify it generally?

The damaged party of water leakage should first ask the quality inspection department of the house to make an appraisal report on the causes of water leakage and how to make up the leakage; If it is identified as the fault of the neighboring party, the neighboring party may be required to repair it immediately or in time according to the report, and may be required to compensate for the damage caused during the repair period. If the neighboring parties do not cooperate, the injured party may submit the dispute to the court.

A, upstairs running downstairs flooded compensation:

1. Claim from the upstairs residents first. If there is sufficient evidence to prove that it is the fault of the developer, the developer will make compensation.

2. In case of mutual prevarication between the developer and the upstairs residents, the amount can be estimated through consultation with the upstairs residents according to the degree of losses suffered. If negotiation fails, both parties shall file a lawsuit to determine the responsibility and make up for the losses suffered.

3. If the neighboring party fails to perform the court's judgment, the injured party may ask the construction team to repair it downstairs, and the expenses incurred may be claimed by the upstairs owner to the court.

Second, the upstairs leakage identification process:

1. The upstairs water leakage appraisal needs to apply to the appraisal institution or the house quality supervision station to make an appointment for on-site measurement. The appraisal unit will issue a quality appraisal report, and the parties will confirm and raise an objection. The appraisal unit will issue an objection letter.

2. The state implements the quality system certification system for units engaged in construction activities. Units engaged in construction activities may, on a voluntary basis, apply for quality system certification to the certification bodies recognized by the product quality supervision and management departments of the State Council or the State Council. After passing the certification, the quality system certification certificate will be issued by the certification body.

3. If the quality of the construction project is not in conformity with the contract due to the reasons of the builder, the employer has the right to require the builder to repair, rework or rebuild free of charge within a reasonable period of time. If the delivery is overdue after repair, rework or reconstruction, the builder shall bear the liability for breach of contract.

Legal basis: Civil Code of People's Republic of China (PRC).

Article 942 Property service providers shall, in accordance with the agreement and the nature of the use of the property, properly repair, maintain, clean, afforest and manage some owners in the property service area, maintain the basic order of the property service area, and take reasonable measures to protect the personal and property safety of the owners.

Property service providers shall take timely and reasonable measures to stop acts that violate laws and regulations such as public security, environmental protection and fire protection in the property service area, report to the relevant administrative departments and assist in handling them.

Article 943 A realty service provider shall regularly disclose the owner's service items, responsible personnel, quality requirements, charging items, charging standards, performance, use of maintenance funds, and part of the operation and income in a reasonable way, and report to the owners' meeting and the owners' committee.