How to compensate for the leakage of houses and properties?

1. If there is water leakage, whatever the reason, as long as it actually hinders the downstairs residents, measures should be taken to stop the infringement from continuing.

2. Who should be responsible for stopping the implementation of the infringement? The handling principles are: beneficial to production, convenient to life, solidarity and mutual assistance, fair and reasonable. On the basis of consultation between the two sides, we should respect history and habits and act according to law. According to the general idea, all upstairs residents are obliged to provide maintenance assistance. Failure to perform this obligation leads to an increase in losses, which constitutes infringement and shall be liable for compensation for the increased losses.

3. Who will bear the maintenance cost? After finding out the cause of water leakage, divide the responsibilities. The cause of the accident cannot directly determine the responsible subject.

(1) Find out who is in charge of this pipeline first. Public facilities shall be paid from the maintenance fund by the property; Non-public facilities depend on whether they are exclusive or * * *. If there is an agreement between the parties, such agreement shall prevail. If there is no agreement, the owner of the proprietary part shall be responsible for the management and maintenance. However, there is controversy about who is responsible for the management and maintenance of some parts of * * *. If the waterproof layer has facilities as * * *, as it belongs to concealed works, it is generally believed that the upstairs residents, as the actual users, should bear the behavior obligation of reasonable use, and the downstairs residents, as the beneficiaries, also have corresponding obligations, mainly reflected in the cost commitment. (Because the floor is * * *, it cannot be handled on the principle of benefit. )

(2) Secondly, it is necessary to find out the cause of water leakage and distinguish the fault of the parties, so as to determine the main body of responsibility.

-If it is caused by human factors, if the actor is intentional or at fault in the process of the occurrence or expansion of the damage result, it constitutes infringement and shall bear tort liability.

-developer's responsibility: during the warranty period, the developer shall bear all the responsibilities for water leakage caused by non-human reasons. 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.

-Responsibility of the property: The 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 pipeline blockage, is not caused by the property, but according to the property management contract and relevant regulations, the property company should regularly check and clean up, and if it fails to do so, the property responsibility 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.

-Fair liability: for the house that has passed the warranty period, the parties concerned are not at fault (or there is no evidence to prove that they are at fault). If the waterproof layer is naturally aged, the maintenance cost shall be shared by the parties in accordance with the provisions of Mintong 132. According to the realization situation, it is generally half for one person. According to the provisions of Article 9 of the Regulations on the Adjoining Management of Urban Different Properties.

4. Compensation for losses. The premise of compensation for the losses that have occurred is to meet the constitutive requirements of infringement, including fault. It is an infringement caused by the adjacent relationship, and it shall be handled as a general infringement lawsuit. Maintenance costs that have not yet occurred are not compensation for losses.