Laws and regulations on water leakage upstairs

1. Is there any legal treatment for water leakage from upstairs to downstairs?

(a) you can find property coordination, or ask the housing quality inspection department to make an appraisal report on the causes of water leakage in the house and how to make up for it, and then you can bring a lawsuit to the court according to the report.

(II) The principle of dealing with neighboring relations in Article 288 of the Civil Code (implemented since 202 1. 1) The neighboring owners of real estate shall correctly handle neighboring relations according to the principles of favorable production, convenient life, solidarity and mutual assistance, and fairness and reasonableness.

Second, who should be responsible for the leakage from upstairs to downstairs?

There are two reasons for water leakage, one is that the waterproof treatment is unqualified when the building is renovated upstairs, and the other is that the waterproof quality of the renovated house delivered by the developer is problematic.

When the rough house upstairs is decorated by itself, it should first inform the neighbors upstairs and ask them to deal with it as soon as possible through friendly negotiation. If the neighbors don't cooperate, they can contact the property management company, which will be responsible for communicating with the owners upstairs.

If there is water leakage in the renovated house delivered by the developer, it should inform the upstairs and contact the property management company immediately, and the property will come forward to let the developer carry out maintenance according to the warranty agreement. If the warranty period exceeds, the property owner shall be ordered to repair it himself.

If the upstairs owners refuse to cooperate with the property, they should take photos, videos and other evidence, which can be reflected to the owners' committee and community police. If it still cannot be solved, he can bring a civil lawsuit to the court according to the relevant provisions of the Civil Code.

3. Is the upstairs property obligated to solve the water seepage problem?

If there are relevant clauses in the property contract, the property is obliged to solve them. The property shall provide corresponding services in accordance with the provisions of the property contract, and the owners shall be responsible for those not stipulated in the contract, but the property can provide paid maintenance.

According to the law, if there is water leakage upstairs, you can take photos to register the loss and find a professional appraisal agency to identify the loss.

Legal objectivity:

"General Principles of Civil Law of People's Republic of China (PRC)" Article 296 * * * Real estate owners use adjacent real estate for water use, drainage, traffic and pipeline laying. We should try our best to avoid causing damage to neighboring real estate owners. Article 165 of the Civil Code of People's Republic of China (PRC) * * * If the actor infringes upon the civil rights and interests of others through fault and causes damage, he shall bear the 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 167 of the Civil Code of People's Republic of China (PRC) * * * If the infringement endangers the personal and property safety of others, the infringed party has the right to request the infringer to bear the tort liability of stopping the infringement, removing the obstruction and eliminating the danger.