Who will pay for the fall of the glass curtain wall of the residential building?

In recent days, Mr. Wei, the owner of olive city Phase III (Yujingtai) near the intersection of Zhengzhou Road and Hejiang Road, has been worrying about finding out who will bear the responsibility for the glass curtain wall problem. It turned out that on the 9th of this month, when Mr. Wei's home was empty, the glass curtain wall outside his balcony broke and fell, smashing two cars downstairs, and the cost of car damage compensation and replacement of curtain wall glass was tens of thousands of yuan.

A piece of glass is missing from the glass curtain wall outside the building.

event

The glass curtain wall broke and fell, hitting two cars.

/kloc-on the morning of 0/6, the reporter from Henan Business Daily came to the outside of Building 2 in the community. The glass curtain wall of the residential building is located outside the building on the floor above 18, and one piece of glass is missing.

Mr. Wei said that the missing curtain wall glass is just outside his balcony, located on the 19 floor of the building. A week ago, broken glass fell into two cars downstairs, and the maintenance cost was more than 3000 yuan. Mr. Wei paid 800 yuan's alimony for both parties, but he kept complaining.

"The glass curtain wall is not my own window. It's part of the building. How can I bear it personally? " Mr. Wei said.

In Mr. Wei's home, Henan Business Daily reporter saw a broken curtain wall glass, about 1.2 meters wide and about 2 meters high. Outside his unclosed balcony, there is only an iron fence.

Yesterday morning, a staff member surnamed Song of olive city developer Yaxin Real Estate said that the curtain wall was located at the top floor of the building, and the balconies on floors 19 and 20 were facing the curtain wall glass. When the Housing Authority calculates the housing area, it starts from half the thickness of the curtain wall glass and should be owned by the owner. The curtain wall beyond the building belongs to the owner of the unit.

Mr. Wei said that the curtain wall is the external wall of the building and a part of the building. It can't be the owner's, because one of the glasses is facing his balcony.

On the issue of "confirming the right" of the glass curtain wall, the two sides argued and finally failed to reach an agreement. The manager of the residential property department said that if Mr. Wei is willing to negotiate, the property and developers are willing to make concessions and bear part of the compensation.

lawyer

As the external wall of the building, it should belong to the owner.

Xiang Guangjian, a lawyer of Zhengzhou University Road Law Firm, believes that the glass curtain wall is a part of the building, and it should be regarded as a public area in terms of aesthetics or other factors, and all owners should bear unreasonable damage. And if the glass curtain wall is broken because of quality problems, then the developer or manufacturer should bear the responsibility.

Lawyer Li Huayang of Henan Law Firm said that according to the Tort Liability Law of People's Republic of China (PRC) and the incident that Mr. Wei encountered, the house was handed over at the end of 20 13, so the ownership of the house in the community has been transferred from the developer to all the owners, and the glass curtain wall as the external wall of the building belongs to the owners of the community. As the owner, if he fails to fulfill his reasonable repair obligations, he will be responsible for the losses suffered by the owner. After the owners of residential quarters compensate the owners for their losses, they can claim compensation from the property company on the grounds that the property company has not fulfilled its reasonable obligation to maintain the glass curtain wall in accordance with the property service contract signed with the property company.

Advice from others

Shanghai glass curtain wall special maintenance fund

According to the Measures for the Administration of Glass Curtain Walls in Shanghai, Shanghai has set up a special maintenance fund for glass curtain walls. If new buildings adopt glass curtain walls, the construction unit shall deposit maintenance funds in accordance with the regulations before the initial registration of house ownership; For the glass curtain wall of the existing building, the owner shall pay the maintenance fund in one lump sum or in installments within 5 years. Maintenance funds will be earmarked for the inspection, appraisal and maintenance of glass curtain walls.