Special rectification of real estate in Xuzhou city

The external walls of residential areas are part of all owners. Who should bear the responsibility for the maintenance of the removed external wall, depending on its ownership and whether it is within the warranty period.

Community warranty: according to relevant regulations, under normal use, if the house is guaranteed, it can compensate the maintenance cost of the construction unit or the losses caused by the quality defects of the house construction project;

Outside the warranty period: if there is a special maintenance fund for the house, it can be used for maintenance with the consent of two-thirds of the owners; If there is no special maintenance fund for the house, the maintenance cost shall be borne by the owner of the whole house.

If the external wall of a residential area falls off, causing personal and property damage, and the owner, manager or user cannot prove his innocence, the building owner and manager shall be liable for compensation. As the owner of the building, the owner of the residential building with the external wall falling off shall bear the tort liability. The external wall is the public part of the community, and the property department should have the obligation to maintain and manage the public part. If the property company fails to fulfill the corresponding maintenance and management obligations, causing damage to the owners, the property company also needs to bear certain responsibilities.

1. Under normal use, if the house is under the warranty period, it can compensate the maintenance cost of the construction unit or the loss caused by the quality defect of the house construction project, and the general warranty period is 5 years. During this period, if there is a problem with the quality of the project and the external wall of the community falls off, then the developer can be responsible. If there is an accident that hurts people, it should also be compensated by the developer;

2. When the warranty period expires, the owners of residential areas will pay the property management fee and maintenance fund on time. At this time, you can report to the property management company that the property management company will apply for the use of the maintenance fund. With the consent of more than two-thirds of the owners of residential areas, the maintenance fund can be used;

3. If there is no property management fee and maintenance fund, it will be some old communities, and then the residents of the whole building will bear it. If compensation is needed, it should be shared equally by all families.

Extended content: what are the repair methods for the external wall of the community to fall off?

1. The external wall falls off in a large area: it is suggested to replace the external wall tiles of the old house with real stone paint, which is unsafe; Paint the outer layer of the wall. If it falls off in a large area, it cannot be repaired near the local area. Otherwise, the exterior wall will be like a dog skin plaster. If it is ugly, it must be repaired repeatedly. It is recommended to eradicate it completely and brush it again.

2. Layout of external wall falling off: For external wall tiles, check whether there is any hidden danger of falling off around the tiles, and then remove the tiles at the falling base and re-pave them; Exterior wall paint falls off locally, so it is not necessary to completely eradicate it. Some parts need to be repainted with thermal insulation paint for repair.

Legal basis:

Article 28 1 of the Civil Code stipulates that the maintenance fund of buildings and their ancillary facilities shall be owned by the owners. Can be used for elevators, roofs, external walls and barrier-free facilities as decided by the owner;

* * * Maintenance, renewal and transformation of old parts. The collection and use of housing and ancillary facilities maintenance funds shall be announced regularly.

In case of emergency, the owners' assembly or owners' committee may apply for the use of maintenance funds for buildings and their ancillary facilities according to law.