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Who should pay for the loss caused by the water leakage in the house?
There is no uniform applicable standard for housing leakage loss in China, and the responsibility should be determined according to the specific situation. In general, if the house leaks rain due to the owner's own reasons (such as changing the external wall drainage pipe, etc.). ), the car mainly bears its own maintenance costs. On the other hand, if the house leaks rain because of building materials, construction technology and other factors, in this case, it is necessary to consider whether architects and construction personnel have quality problems, and at the same time, they can claim compensation from property companies or developers. Specifically, if the property management company or developer can prove that they have fulfilled their corresponding security obligations and have a strict management system for building installation and maintenance, it is the producer's responsibility to have problems with building materials, and the property management company or developer should be liable for compensation.
If the owner buys a second-hand house, how to judge the responsibility for leaking rain? If it is found that the house is leaking rain, first of all, we should communicate with the previous owners to understand the situation and check the house ownership certificate, contract, house inspection report and other related documents. If it is found that the problem of rain leakage is caused by the owner's own reasons, such as changing the drainage pipeline of the external wall of the house without authorization, then the maintenance cost should be borne by the owner. If the loss is caused by factors such as building structure, visitors need to check the historical maintenance records and report it to the property company or developer.
The attribution of responsibility for housing leakage needs to be analyzed according to the actual situation, and problems such as its own reasons and building structure need to be considered. After a dispute occurs, the attribution of responsibility can be determined by investigating evidence and reviewing contracts. And take corresponding measures to compensate or repair. If the two sides can't reach an understanding, they can solve the dispute through complaints and mediation.
Legal basis:
Article 526 of the General Principles of the Civil Law of People's Republic of China (PRC) * * * If an interested party of real estate infringes upon the rights and interests of others, it shall bear the tort liability.
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