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Is the patio leaking the responsibility of the property?

Legal analysis: public facilities should be paid from the maintenance fund by the property; Non-public facilities depend on whether they are exclusive or * * *. If there is an agreement between the parties, such agreement shall prevail. If there is no agreement, the owner of the proprietary part shall be responsible for the management and maintenance. However, there is controversy about who is responsible for the management and maintenance of some parts of * * *. If the waterproof layer has facilities as * * *, as it belongs to concealed works, it is generally believed that the upstairs residents, as the actual users, should bear the behavior obligation of reasonable use, and the downstairs residents, as the beneficiaries, also have corresponding obligations, mainly reflected in the cost commitment. Developer's responsibility: during the warranty period, if there is no man-made cause of water leakage, the developer should bear all the responsibilities.

Legal basis: quality warranty measures for housing construction projects

Article 7 Under normal use conditions, the minimum warranty period of building construction projects is: (1) the reasonable service life of the foundation works and the main structure works as stipulated in the design documents; (2) 5 years for roofing waterproof works, toilets, rooms and external walls with waterproof and anti-leakage requirements; (3) The heating and cooling system consists of two heating periods and cooling periods; (four) electrical pipelines, water supply and drainage pipelines, equipment installation for 2 years; (five) the renovation project is 2 years. The warranty period of other projects shall be agreed by the construction unit and the construction unit.

Ninth housing construction quality defects in the warranty period, the construction unit or the owner of housing construction shall issue a warranty notice to the construction unit. After receiving the warranty notice, the construction unit shall go to the site to check the situation and guarantee it within the time specified in the warranty. In case of emergency repair accident involving structural safety or seriously affecting the use function, the construction unit shall immediately arrive at the scene for emergency repair after receiving the warranty notice.