Property pipeline loss standard

Because the sewer pipe is blocked, which causes the property loss of the neighboring people, it is necessary to distinguish the blocking situation and reasons to determine the way to bear the responsibility.

First, the residents' toilets are blocked. The blockage of the sub-pipeline (household pipeline) belongs to the user's responsibility, and if it causes losses to others, it shall bear the tort liability.

Second, if the main sewer pipe is blocked (* * * has a pipe), if the responsible person cannot be found, all relevant parties, users and beneficiaries may have factors or possibilities that cause the blockage, so the residents who use this pipe upstairs should share the loss compensation.

Thirdly, there is another situation that the main pipeline is naturally blocked, that is, the pipeline is blocked due to the scale accumulated in the main pipeline for many years, which is caused by the fault of inadequate property maintenance. In this case, if the property management fee is paid, the property company will bear the loss compensation; if the property management fee is not paid, the relevant households will share the loss equally (see: china property management institute ordinary residential area property management service level standard).

Legal basis:

I. Tort Liability Law

Article 6? If the actor infringes upon the civil rights and interests of others due to his fault, he shall bear the tort liability.

If the actor is presumed to be at fault according to the law, and the actor cannot prove that he is not at fault, he shall bear tort liability.

Article 85 If a building, structure or other facility and its shelving or hanging objects fall off and cause damage to others, and the owner, manager or user cannot prove that he is not at fault, he shall bear tort liability. After compensation, the owner, manager or user, if there are other responsible persons, has the right to recover from other responsible persons.

Two, china property management institute "ordinary residential property management service level standard"

The third level (the most basic level)

(5) Cleaning service

3. * * * Dredge the rainwater and sewage pipes every year 1 time; Rainwater and sewage wells are inspected once a month 1 time, and cleaned in time according to the inspection; Septic tanks shall be inspected once a month 1 time and cleaned once every six months 1 time. If any abnormality is found, clear it in time.

Three, in the "General Principles of Civil Law" and judicial interpretation, "Property Management Regulations" and other laws and regulations also have corresponding provisions.