Provisions on water leakage disputes in civil code

The provisions of the Civil Code on housing water leakage disputes are as follows:

1, the developer's responsibility is within the warranty period. If the water leakage is not caused by human factors, the developer shall bear all the responsibilities. According to the regulations, the leakage prevention of bathrooms, rooms and external walls with roof waterproofing requirements is 5 years, and the installation of electrical pipelines, water supply and drainage pipelines and equipment is 2 years, counting from the date when the project is completed and accepted;

2. The responsibility of the property 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. 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, for example, if the illegal decoration of the upstairs property is not stopped, then you can find the property to claim compensation for the losses;

3. 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 naturally ages, the maintenance cost will be shared by both parties according to the implementation situation, generally one person and half.

To sum up, if the new house leaks water, it needs to be divided into responsibilities according to different situations, and then the responsible person needs to bear the responsibility. If the quality of the house itself belongs to the warranty scope, then the developer needs to bear the maintenance responsibility. After a water leakage dispute occurs, if it cannot be resolved through consultation, you can choose to sue.

Legal basis:

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 due to his fault, 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 186

If neither the victim nor the actor is at fault for the occurrence of the damage, the loss shall be shared by both parties according to law.