People's Republic of China (PRC) (PRC) property management regulations, housing leakage?

Housing water leakage can be handled by different methods, such as general principles of civil law, property law, regulations on quality management of construction projects, and regulations on property management.

Common reasons for leaking secrets can form the following related legal relationships:

1, the leakage caused by quality problems when developers build houses has formed a legal relationship of commercial housing quality disputes.

2. Water leakage caused by improper decoration of houses, renovation of pipelines and water use by upstairs residents has formed a tort legal relationship of property damage.

3. Roof damage caused by renovation of downstairs residents leads to water leakage, forming an adjacent legal relationship.

4. Long-term use of the house leads to natural aging of waterproof materials and leakage, which also forms an adjacent legal relationship.

5.* * * If the facilities and equipment cause leakage and the shelf life has passed, the legal relationship of property management disputes shall apply.

Different laws apply to different causes of leakage.

1, the legal application of commercial housing quality disputes

Article 111 of the General Principles of Civil Law stipulates: "If one party fails to perform its contractual obligations or fails to meet the agreed conditions, the other party has the right to demand performance or take remedial measures, and has the right to demand compensation for losses."

Paragraph 2 of Article 40 of the Regulations on Quality Management of Building Engineering stipulates: "The leakage prevention of roofing waterproof works, toilets, rooms and external walls with waterproof requirements shall be five years."

The prerequisite for applying this provision is to determine that the houses built by developers do have quality problems. If the leakage causes the loss of the victim's property, the developer will also bear the civil liability for infringement according to the General Principles of the Civil Law.

If the water leakage is caused by the victim and its neighbors, even within the five-year warranty period, the developer should not bear the responsibility.

If the leakage is not only caused by the quality problem of the house built by the developer, but also caused by the improper decoration of the leakage victim and its neighboring parties, the responsibility of the developer should be reduced accordingly, and the fault party should bear the corresponding responsibility.

2. Applicable laws for house decoration, pipeline renovation and water leakage caused by improper use of water by upstairs residents.

The second paragraph of Article 106 of the General Principles of the Civil Law stipulates: "Citizens and legal persons who infringe on the property of the state or the collective or the property or person of others due to their faults shall bear civil liability."

3. This method is applicable to the leakage caused by the damage of the roof of the downstairs residents during decoration and the leakage caused by the natural aging of waterproof materials caused by long-term use of the house.

It is the victim's own fault that the roof is damaged when the downstairs residents decorate, but the waterproof material naturally ages due to the long-term use of the house, and the neighboring parties are not at fault. In this case, the purpose of filing a case for the adjacent relationship is only to find a solution, and the responsibility should be determined according to the identified reasons for the leak.

Article 83 of the General Principles of the Civil Law stipulates: "The neighboring parties of real estate shall correctly handle the neighboring relations in terms of water interception, drainage, transportation, ventilation and lighting in accordance with the spirit of facilitating production, facilitating life, solidarity and mutual assistance, and fairness and reasonableness. If it causes obstacles or losses to the neighboring parties, it shall stop the infringement, remove the obstacles and compensate for the losses. "

"the Supreme People's Court on implementation

Article 84 of the Property Law stipulates that "the neighboring obligee of real estate shall correctly handle the neighboring relationship according to the principles of favorable production, convenient life, solidarity and mutual assistance, fairness and reasonableness." Article 86 stipulates that "the owner of real estate shall provide necessary convenience for the neighboring owners to use water and drain water. The utilization of natural running water should be reasonably distributed among the adjacent owners of real estate. The discharge of natural running water should respect the natural flow direction. " Article 92 stipulates: "The owner of real estate uses adjacent real estate for water use, drainage, passage, pipeline laying, etc. We should try our best to avoid causing damage to neighboring real estate owners; If damage is caused, compensation shall be made. "