The water leakage of the residential fire hose caused more than 200,000 water charges. Who should bear it?

This fee is generally the responsibility of the residential property, unless otherwise agreed. When building a residential area, the developer should have a building construction certificate or permit, which indicates that the fire department allows the residential area to be built, and also indicates that the fire protection design of the residential area conforms to the specifications. General developers will go to the water supply company to handle the construction procedures of fire pipes. After the developers leave, the property will generally undertake and manage fire pipes and other matters. However, local government regulations and mutual agreement shall prevail.

Article 3 of the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Property Service Disputes stipulates that the property service enterprise fails to perform or fails to fully perform the maintenance, conservation, management and repair obligations agreed in the property service contract or determined by laws, regulations and relevant industry norms.

The people's court shall support the owners' request that the realty service enterprise bear the liabilities for breach of contract such as continuing to perform, taking remedial measures or compensating for losses. Therefore, after the owner bears the water fee, he can recover from the property company according to the property service contract.

Fire control facilities are divided into public fire control facilities and self-provided fire control facilities. The internal fire-fighting facilities in the residential area belong to the self-owned fire-fighting facilities in the residential area, and it is necessary to pay the water fee to take water from the self-owned fire-fighting facilities. According to different legal relations, the water fee caused by the leakage of self-provided fire-fighting facilities in a residential area can be required to be borne by the owners or property companies of the residential area.

Extended data:

The water supply company may require the owners of the residential area to bear it according to the legal relationship of "real right". Article 73 of the Property Law stipulates that other public places, public facilities and property services in the construction area shall be owned by the owners. Fire fighting facilities in residential areas belong to public facilities and are owned by the owners. Article 72 of the law stipulates that the owner shall enjoy rights and undertake obligations for the part other than the exclusive part of the building.

The performance of the owner's obligations includes sharing the expenses incurred in part * * *. Article 80 of the law also stipulates that the cost allocation of buildings and their ancillary facilities, if there is an agreement, shall be in accordance with the agreement; If there is no agreement or the agreement is unclear, it shall be determined according to the proportion of the owner in the total area of the exclusive part of the building (micro-data of property management). It can be seen that the owner, as the owner of the residential fire-fighting facilities, can be asked by the water company to bear the expenses caused by the leakage of residential fire hydrants.

Baidu Encyclopedia-Provisions of the Supreme People's Court on the Specific Application of Law in the Trial of Property Service Disputes