Building flue leaks, is the property responsible for maintenance?

Legal analysis: first of all, we must find out who this management responsibility belongs to. The property is responsible for public facilities, and the expenditure of public facilities from the maintenance fund depends on whether it belongs to the exclusive part or the * * * * part. 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 is a concealed project, it is generally believed that the upstairs residents should bear the behavior obligation of reasonable use as actual users, and the buildings as beneficiaries also have corresponding obligations, mainly reflected in the cost commitment.

2. Developer's responsibility: During the warranty period, the developer shall take full responsibility for water leakage caused by non-human reasons.

Legal basis: Item (2) of Article 1 and Article 7 of the Measures for Quality Assurance of Building Engineering includes five years for roof waterproofing works, toilets, rooms and external walls with waterproof requirements, and two years for installation of electrical pipes, water supply and drainage pipes and equipment in Item (4), counting from the date when the project is completed and accepted.

3. Fair liability: for the house that has passed the warranty period, the parties are not at fault (or there is no evidence to prove that they are at fault). If the waterproof layer naturally ages, the maintenance cost at this time will be shared by the parties according to the provisions of Mintong 132 and the realization situation, generally half for one person.

4. Responsibility of the property: The water leakage is definitely not caused by the property, but if the property is neglected in management or fails to deal with the problem in time, resulting in the expansion of losses or more serious problems, then the property should bear the responsibility. The former, such as pipeline blockage, is not caused by the property, but according to the property management contract and relevant regulations, the property company should regularly check and clean it up. If it is not done, the person responsible for the property can be investigated. For example, if the upstairs decoration is illegal and the property is not stopped, the property can be required to compensate for the losses.