The basement of the new house was flooded. Who is responsible, how to claim compensation, and what is the legal basis? I hope to give a detailed answer. Thank you!

If the home is flooded, we must first find the responsible person, that is, whose reason caused the flooding and ask the responsible person for compensation. The amount of compensation shall be determined according to the actual losses caused. If there is no person responsible for the flood, and it is caused by natural disasters, then the responsibility is self-sufficient.

Legal analysis

1, first of all, make sure that the basement sewage pipe has been leaking, and the property management company is responsible. If the property management company has the responsibility, it can ask the property to assume the responsibility of maintenance and carry out maintenance; If losses are caused to the parties, they may claim property compensation; If it brings inconvenience to the parties, you can ask the property to stop the infringement and restore the status quo.

2. If it is not the responsibility of the property management company, but the responsibility of other urban construction management departments such as the Urban Council and the water supply company, then the parties will find other urban construction management departments to solve the problem and bear corresponding responsibilities.

3. Now that the property management company is suing both parties, then both parties can respond separately according to the situation. If the property company has the responsibility, then the parties can counterclaim the property and ask it to bear the responsibility; If the property management company has no responsibility, then the parties directly pay the property fee and then go to the responsible unit to sue the basement sewage pipe for seepage.

4. Whether the property is responsible or not, the property fees of the parties will be paid sooner or later. It is suggested that the parties should regard the sewer pipe in the basement as a separate legal relationship and divide it into two things to solve.

legal ground

People's Republic of China (PRC) Civil Code

Article 165 Where an actor infringes upon the civil rights and interests of others through fault and causes damage, he shall bear tort liability. If the actor is presumed to be at fault according to the law and cannot prove that he is not at fault, he shall bear tort liability.

Article 184 If the property of another person is infringed, the property loss shall be calculated according to the market price at the time of the loss or other reasonable methods.

Article 63 of the Construction Law of People's Republic of China (PRC) * * * Any unit or individual has the right to report, accuse and complain about quality accidents and quality defects of construction projects to the construction administrative department or other relevant departments.