Job Recruitment Website - Property management - Who is responsible for the roof leakage of property law

Who is responsible for the roof leakage of property law

Legal analysis: According to the relevant laws and regulations of our country, it is necessary to analyze the responsibility of roof leakage in the Property Law according to the actual situation. The developer is responsible for the quality of the roof itself; The owner shall be responsible for the water leakage caused by other owners of the roof; The property is responsible for water leakage caused by aging equipment or other reasons.

Legal basis: Article 7 of the Measures for Quality Assurance of Housing Construction Projects.

Under normal use, the minimum warranty period of housing construction project is:

1. Foundation and main structure engineering, and the reasonable service life of the engineering specified in the design documents;

Secondary roof waterproofing works, bathrooms, rooms and external walls with waterproof requirements, 5 years;

(3) The heating and cooling system consists of two heating periods and cooling periods;

Four electrical systems, water supply and drainage pipelines, equipment installation for 2 years;

5. The renovation project lasts for 2 years.

The warranty period of other projects shall be agreed by the construction unit and the construction unit.

Article 286 of the Civil Code of People's Republic of China (PRC)

Owners shall abide by laws, regulations and management regulations, and relevant behaviors shall meet the requirements of saving resources and protecting the ecological environment. For property service enterprises or other managers to implement emergency measures and other management measures implemented by the government according to law, the owners shall cooperate with them according to law.

The owners' assembly or the owners' committee has the right to ask the perpetrator to stop the infringement, remove the obstruction, eliminate the danger, restore to the original state and compensate for the loss of any act that damages the legitimate rights and interests of others, such as dumping garbage at will, discharging pollutants or noise, raising animals illegally, building illegally, occupying passages, refusing to pay property fees.

If the owners or other actors refuse to perform relevant obligations, the parties concerned may report or complain to the relevant administrative departments, which shall deal with them according to law.

Article 8 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Disputes over Commercial Housing Sales Contracts.

Unless otherwise agreed by the parties, the transfer of house ownership shall be regarded as the delivery of the house.

The risk of damage or loss of the house shall be borne by the seller before delivery and by the buyer after delivery; If the buyer refuses to accept the seller's written delivery notice without justifiable reasons, the risk of damage or loss of the house shall be borne by the buyer from the delivery date specified in the written delivery notice, unless it is otherwise stipulated by law or agreed by the parties.

Article 2 of the Property Management Regulations

The term "property management" as mentioned in these Regulations refers to the activities of owners and property service enterprises to maintain, conserve and manage houses, supporting facilities, equipment and related sites by hiring property service enterprises to maintain environmental sanitation and related order in the property management area.