Accumulated water residential property

The solution to water leakage in the house is to find and analyze the causes of water leakage-determine the legal relationship-apply the relevant laws and regulations-clarify the responsibilities, so as to apply the law in a targeted manner and find the correct solution.

Second, the common causes of housing leakage

1, caused by quality problems when developers build houses;

2. Upstairs residents have infringed on downstairs residents due to reasons such as house decoration, pipeline renovation and improper water use;

3. When decorating, the roof of the downstairs residents is damaged and causes leakage;

4. The long-term use of the house causes the waterproof material to naturally age and lead to water leakage.

Different reasons for leaking secrets lead to different legal relationships, thus affecting the choice of applicable law and litigation path. If the legal relationship is wrongly identified, it will lead to the establishment of the cause of action and the wrong application of the law, and the judgment will be a thousand miles away.

Third, different reasons for leaking secrets form different legal relationships.

In view of the above common reasons for leaking secrets, the following related legal relationships can be formed:

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.

4. 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. "

According to the provisions of the above adjacent relationship, the adjacent relationship between residential water use and drainage can be summarized as follows:

(1) One party shall provide convenience for the other.

(2) The neighboring parties shall provide convenience for each other and shall not refuse to perform their obligations for any reason.

(3) The assumption of responsibilities in adjacent relations shall be handled in accordance with the principle of real right infringement and the tort provisions in the General Principles of Civil Law. If the neighbor has no subjective fault, no objective fault behavior, or there is no causal relationship between the behavior and the damage result, it still cannot constitute a property right infringement, and it is impossible to make the neighbor bear the responsibility because of the existence of the adjacent relationship.

(4) Because there is an adjacent relationship, it is necessary to bear the responsibility, which is a wrong judgment. However, because of the adjacent relationship, it is necessary to provide convenience, which is a correct understanding in line with reason and jurisprudence.

(five) to deal with disputes in neighboring relations, we should follow the principle of fairness, help each other, give consideration to the interests of neighboring rights holders, and prevent the public interest from being harmed at the expense of others.

4.* * * This law is applicable to cases where facilities and equipment cause leakage and the storage period has expired.

* * * Except for man-made damage, the maintenance of water pipes shall be the responsibility of the vandals. After the developer's warranty period expires, it should bear special maintenance funds.

Article 54 of the Property Management Regulations stipulates: "The owners of residential properties, non-residential properties in residential quarters or non-residential properties connected with a single residential building structure shall pay special maintenance funds in accordance with relevant state regulations".

"Special maintenance funds shall be owned by the owners, and shall be used exclusively for the maintenance, renewal and transformation of * * * parts and facilities of the property after the expiration of the property warranty period, and shall not be used for other purposes".

Article 2 of the Measures for the Administration of Special Maintenance Funds for Residential Buildings, which came into effect on February 1 2008, stipulates that these Measures shall apply to the deposit, use, management and supervision of special maintenance funds for commercial housing and after-sale public housing. The term "residential special maintenance funds" as mentioned in these Measures refers to the funds earmarked for the maintenance, renewal and transformation of residential parts and facilities after the expiration of the warranty period. "Article 3 stipulates," The * * * shared part of the house mentioned in these Measures refers to the part shared by the owner in a single house or the owner in a single house and the non-residential owner connected with the structure according to the laws, regulations and the house sales contract, generally including: foundation, load-bearing wall, column, beam, floor, roof, outdoor wall, hall, stairwell, corridor and so on. The measures referred to in * * facilities and equipment refers to the ancillary facilities and equipment used by residential owners or residential owners and related non-residential owners according to laws, regulations and house sales contracts, generally including elevators, antennas, lighting, fire-fighting facilities, green spaces, roads, street lamps, ditches, pools, wells, non-operating parking garages, public cultural and sports facilities and facilities and equipment used in * * * rooms.

The Measures do not specify that sewer pipes and downpipes are * * * facilities. So, are sewers and downpipes * * facilities? First, from the legal point of view, the new method not only uses the word "generally including", but also clarifies that "ancillary facilities and equipment shared by residential owners or residential owners and related non-residential owners" belong to * * * facilities. Thus, the method has not been exhausted, and there are no other situations that cannot be identified. Second, although the drainage pipe and water inlet pipe that runs through from top to bottom pass through the owner's room, the right belongs to the owner of the unit on one side of the building, which is a facility of * * *. If it is denied that it has the nature of * * *, then it is necessary to admit that the owner has the property right to it. The characteristic of real right is the right to the world, which means that the obligee enjoys direct control and exclusive right to specific things according to law. The "Commercial Housing Quality Guarantee" provided by the developer clearly states that the drainage pipes and water inlet pipes that run through from top to bottom are not allowed to be repaired and removed at will. It can be seen that the owners cannot exercise their dominant and exclusive rights. Thirdly, it is said that the above pipeline is a * * * facility, which can also be confirmed from the outdoor downpipe. Outdoor downspouts are not included in the new measures, but there is no doubt that they are * * * facilities, otherwise once the outdoor downspouts are damaged, no one will come to repair them.

Article 20 of the Measures for the Administration of Special Maintenance Funds for Residential Buildings stipulates that "the maintenance, renovation and renovation costs of residential buildings, facilities and equipment shall be shared according to the following provisions: (1) The maintenance, renovation and renovation costs of residential buildings or commercial buildings and non-residential buildings shall be shared by the relevant owners according to the proportion of their respective property construction areas. (II) After-sale public housing, the cost of maintenance, renewal and transformation of * * * parts and * * * facilities and equipment shall be shared by the relevant owners and public housing selling units according to the proportion of the residential special maintenance funds deposited; Among them, the part that should be borne by the owners shall be shared by the relevant owners in proportion to the construction area of their respective properties. (3) After-sale public housing and commercial residential or non-residential housing, the maintenance, renewal and renovation costs of * * * used parts and facilities and equipment shall be allocated to relevant properties in proportion to the construction area. Among them, the expenses that should be shared by the after-sales public houses shall be shared by the relevant owners and the public houses selling units in proportion to the special maintenance funds deposited. "

Guigang lawyer/Guigang