How to determine the responsibility of anti-water on the second floor

It depends on the specific situation. If the second floor is blocked by the main sewer outside the building, the property must be maintained and managed according to the contract, and the owner has the right to investigate the property responsibility. If the owner of the second floor modifies his own sewer pipe without authorization, which leads to the recoil phenomenon of the sewer pipe, the owner of the second floor should bear the main responsibility for this.

Legal analysis

If the house leaks and it rains all night, first take photos for evidence. The water leakage of the house is related to the building structure, waterproof treatment and drainage system. We should find a professional to check the water leakage, judge the cause of the water leakage and determine the person responsible for the water leakage. After determining the responsible person, you can seek compensation from the property, developer or neighbor. You can negotiate with the responsible person and ask the other party to restore the original state, or you can ask the other party to compensate for the maintenance fee. If the other party shirks its responsibility or disagrees with the amount of compensation, and the house leakage dispute still cannot be solved, a lawsuit can be brought to solve it. Upstairs residents decorate houses, transform pipelines, and use improper water. Because the service life of waterproof materials such as floors and pipes of upstairs residents is too long, which exceeds the quality guarantee period, it destroys the waterproof facilities on the ground or causes natural aging. Under normal circumstances, water leakage caused by water can be directly repaired upstairs. If the main structure of the house, the parts of the house, the facilities and equipment of the house are damaged and need to be overhauled and rebuilt due to water leakage, you can apply to the property for housing maintenance fund for maintenance. The warranty period is calculated from the date when the real estate developer delivers the house that has passed the completion acceptance to the user. Non-man-made damage during the warranty period shall be repaired free of charge by the real estate developer. Due to the quality problems of commercial housing, the maintenance of the warranty unit will affect the use function of the house, and the buyer can ask the developer to bear the liability for compensation.

legal ground

People's Republic of China (PRC) Civil Code

Article 295 The owner of a property shall not dig a hole to borrow soil, build a building, lay pipelines or install equipment, which will endanger the safety of adjacent properties.

Article 296 Where the owner of a realty uses an adjacent realty for water use, drainage, passage, pipeline laying, etc. We should try our best to avoid causing damage to neighboring real estate owners.