How to divide the responsibility for water leakage upstairs

Legal analysis: There are three kinds of responsibilities: one is the responsibility of the developer. During the warranty period, if the water leakage is not caused by human factors, the developer should take full responsibility. According to Item (2) of Article 1, Article 7 of the Measures for Quality Assurance of Building Engineering, it covers the roof waterproof project, the leakage prevention of toilets, rooms and external walls with waterproof requirements. The installation of electrical pipes, water supply and drainage pipes and equipment in Item (4) is two years, counting from the date when the project is completed and accepted.

Second, the responsibility of the property. Water leakage is definitely not caused by the property, but 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. The former, such as the blockage of public pipes in a building, is not caused by the property, but according to the property management contract and relevant regulations, the property management company should regularly check and clean up, and if it fails to do so, the relevant responsible person can be investigated; The latter, such as illegal decoration upstairs, the property has not been stopped, then you can find the property to claim compensation for losses.

Third, fair responsibility. 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 naturally ages, the maintenance cost at this time shall be shared by the parties according to the provisions of Mintong 132, and according to the liquidation situation, generally one person is half.

Legal basis: Article 7 of the Measures for Quality Warranty of Housing Construction Projects 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.