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Compensation range of water leakage maintenance
1, the repair cost needed to repair the water leakage.
2. Other property losses caused by water leakage. The amount of property losses can be determined by both parties through consultation. If negotiation fails, a third-party appraisal institution may be entrusted for appraisal and determination.
The handling principles are: beneficial to production, convenient to life, solidarity and mutual assistance, fair and reasonable. On the basis of consultation between the two sides, we should respect history and habits and act according to law.
After finding out the cause of water leakage, divide the responsibilities. The cause of the accident cannot directly determine the responsible subject.
1. First, find out who is in charge of this pipeline.
2. Secondly, it is necessary to find out the cause of water leakage and distinguish the fault of the parties, so as to determine the main body of responsibility.
(1) If it is caused by human factors, if the actor is intentional or wrong in the process of the occurrence or expansion of the damage result, it constitutes infringement and shall bear the tort liability.
(2) Developer's responsibility: During the warranty period, the developer shall take full responsibility for water leakage caused by non-human reasons.
(3) Property liability: Water leakage is definitely not caused by the property. However, if the property is neglected in management, or problems are not handled in time, resulting in increased losses or more serious problems, then the property should bear the responsibility.
(4) 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 is naturally aged, the maintenance cost shall be shared by the parties according to the provisions of Mintong 132 and the realization situation, generally half for one person.
Legal basis:
Article 6 of People's Republic of China (PRC) Tort Liability Law
If the actor infringes upon the civil rights and interests of others due to his fault, he shall bear the tort liability.
If the actor is presumed to be at fault according to the law, and the actor cannot prove that he is not at fault, he shall bear tort liability.
"Housing construction quality warranty measures" seventh
Under normal use conditions, the minimum warranty period of housing construction projects is:
(a) the basic project and the main structure project are the reasonable service life of the project specified in the design documents;
(2) 5 years for roofing waterproof works, toilets, rooms and external walls with waterproof and anti-leakage requirements;
(3) The heating and cooling system consists of two heating periods and cooling periods;
(four) electrical pipelines, water supply and drainage pipelines, equipment installation for 2 years;
(five) the renovation project is 2 years.
The warranty period of other projects shall be agreed by the construction unit and the construction unit.
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