Who is responsible for the leakage of buried water pipes of developers? Does the water leakage of embedded water pipes belong to property maintenance? How to deal with water pipe leakage of developers

Who is responsible for the leakage of buried water pipes of developers? Does the water leakage of embedded water pipes belong to property maintenance? How to deal with water pipe leakage of developers? When building a house, developers usually bury water pipes in the dark for the convenience of owners in the future. However, after moving in, some owners have encountered the situation of buried pipe leakage, so who is responsible for the developer's buried pipe leakage? Let's take a look at whether the water leakage of embedded water pipes belongs to property maintenance, and how to deal with the water leakage problem between developers and Bian Xiao.

First, who is responsible for the leakage of buried water pipes of developers?

1. Who is responsible for the leakage of the developer's buried water pipe? Two different ways of claiming rights. The first is the contractual relationship. According to the warranty period, the developer should bear the responsibility. The second is the legal relationship of tort liability according to tort relationship and tort liability law. However, two different opinions will lead to different consequences.

2. According to Article 122 of the Contract Law, if one party violates the personal rights and property rights of the other party, the injured party has the right to choose to require it to bear the liability for breach of contract in accordance with this Law or to require it to bear the liability for infringement in accordance with other laws.

3. The developer may be required to undertake the maintenance responsibility according to the warranty period stipulated in the house sales contract. If the 2-year warranty period has passed, generally speaking, the developer is irresponsible.

Second, does the water leakage of embedded water pipes belong to property maintenance?

1. Is the water leakage of the embedded water pipe a property maintenance? Waterproof 5-year warranty, pipeline 2-year warranty, non-artificial, developer responsibility, overdue self-care. Therefore, if during the warranty period, the developer's responsibility is overdue and self-care.

2. Generally, real estate problems are handled by property, but some properties are very irresponsible. If they are not maintained, but if the property is not managed, you can complain about the property.

According to national regulations, the warranty period of water supply and drainage pipeline is two years. If the house is used for more than 5 years, it is beyond the warranty period and cannot enjoy free maintenance. If your reserved pipe belongs to the main pipeline, you can contact the property and activate the special maintenance fund for maintenance; (There are specific procedures for the use of special maintenance funds) If this pipeline is only for your own use, the maintenance cost can only be paid by you. You can pay for the maintenance of the property, or you can find your own pipeline maintenance company for maintenance.

Third, how to deal with the leakage of the developer's water pipe?

How to deal with water pipe leakage of developers? There are many ways to deal with water pipe leakage of developers, mainly according to specific reasons. Let's take a look at it in detail.

1. The developer shall be responsible for the quality problems of the house during the warranty period.

According to the "Detailed Rules for the Implementation of the Quality Guarantee System of Commercial Housing and Residential Instruction Manual System", under normal circumstances, the warranty content and minimum warranty period of all parts are: roof leakage, warranty for 3 years;

Leakage of wall, kitchen and bathroom floor, basement and pipeline, warranty 1 year; Walls and ceilings are plastered off, and the warranty period is 1 year; The wall surface is hollowed and cracked, and there is a large area of sand. The warranty period is 1 year; Heating or cooling system and equipment warranty 1 heating and cooling cycle; Sanitary ware warranty 1 year; Lamps and electrical switches are guaranteed for 6 months. 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.

2. The upstairs neighbor causes water leakage, and the upstairs should bear the responsibility.

Article 92 of the Property Law stipulates: "The owner of real estate uses adjacent real estate for water use, drainage, passage, laying pipelines, etc. We should try our best to avoid causing damage to neighboring real estate owners; If damage is caused, compensation shall be made.

Therefore, if the upstairs neighbors damaged the water pipes during the renovation and other reasons caused water leakage, the upstairs residents should repair them and take responsibility for the damage of the downstairs residents.

In addition, the "real estate owner" is not only the owner of the upstairs house, but also the user.

3. If the property management company fails to fulfill its management obligations, it shall bear corresponding responsibilities.

Article 53 of China's "Property Management Regulations" stipulates that if the owner needs to decorate the house, he should inform the property service enterprise in advance. The realty service enterprise shall inform the owners of the prohibited acts and matters needing attention in the house decoration. If the property company finds that the installation method is in violation of relevant regulations, it shall notify the actor to immediately stop and correct it; If the actor refuses to stop or correct, it shall promptly report to the relevant administrative departments for handling according to law.

When the owners encounter such problems, they should first report to the property management company. If the property management company fails to fulfill the above obligations, it should bear certain liability for compensation to the owners who have suffered losses.

However, if the property company has fulfilled its obligations, it will not assume responsibility. After all, in this matter, the main function of the property is to coordinate among the owners.

The above is about who is responsible for the leakage of buried water pipes of developers, whether the leakage of buried water pipes belongs to property maintenance, and how to deal with the leakage of water pipes of developers. I hope I can help you! Hunting network CCTV broadcasts brands and has been deeply involved in Internet decoration for 8 years, which is more reliable than acquaintances.