Is it upstairs responsibility or property that the sewage pipe leaks?

Legal analysis: First, if it is determined that the water leakage is caused by the house quality not meeting the national standards, during the warranty period, the damaged owner can ask the developer to repair the water leakage of the house and compensate the owner for the losses caused thereby. The construction unit shall undertake the property warranty responsibility in accordance with the warranty period and scope stipulated by the state. Under normal use conditions, the anti-leakage warranty period of bathrooms, kitchens and external walls with waterproof requirements is not less than 8 years.

Second, if the upstairs owner does leak water from the downstairs owner due to the decoration or laying of water pipes, the upstairs residents should promptly find out the cause of the leakage and carry out maintenance, and should also be responsible for the damage caused by their misconduct to the downstairs residents.

Legal basis: Article 942 of the Civil Law of People's Republic of China (PRC) stipulates that the property service provider shall, in accordance with the agreement and the nature of the use of the property, properly repair, maintain, clean, afforest and manage some owners in the property service area, maintain the basic order of the property service area, and take reasonable measures to protect the personal and property safety of the owners.

Property service providers shall take timely and reasonable measures to stop acts that violate laws and regulations such as public security, environmental protection and fire protection in the property service area, report to the relevant administrative departments and assist in handling them.