The toilet downstairs is blocked. Should I be in charge upstairs?

The pipeline downstairs is blocked, so it is necessary to distinguish the blocking situation to decide whether the upstairs residents are responsible.

First, the residents' toilets are blocked. If it is a branch pipe (household pipe), the blockage has nothing to do with the upstairs. All dredging and maintenance costs and losses should be borne by yourself.

Second, if the main sewer pipe is blocked (* * * has a pipe), all relevant parties, users and beneficiaries may have factors or possibilities that cause the blockage without finding the responsible person, so the residents who use this pipe upstairs should share the losses. There is also natural blockage, that is, the main pipeline is blocked due to years of fouling. In this case, if the property management fee is paid, the loss will be borne by the property company; if the property management fee is not paid, the loss will be borne by the relevant households (see: Service Level Standard for Property Management in Ordinary Residential Areas of China Property Management Institute).

Legal basis:

I. Tort Liability Law

Article 6? If the actor infringes upon the civil rights and interests of others due to his fault, he shall bear the tort liability.

If the actor is presumed to be at fault according to the law, and the actor cannot prove that he is not at fault, he shall bear tort liability.

Article 85 If a building, structure or other facility and its shelving or hanging objects fall off and cause damage to others, and the owner, manager or user cannot prove that he is not at fault, he shall bear tort liability. After compensation, the owner, manager or user, if there are other responsible persons, has the right to recover from other responsible persons.

Two, china property management institute "ordinary residential property management service level standard"

The third level (the most basic level)

(5) Cleaning service

3. * * * Dredge the rainwater and sewage pipes every year 1 time; Rainwater and sewage wells are inspected once a month 1 time, and cleaned in time according to the inspection; Septic tanks shall be inspected once a month 1 time and cleaned once every six months 1 time. If any abnormality is found, clear it in time.

Three, in the "General Principles of Civil Law" and judicial interpretation, "Property Management Regulations" and other laws and regulations also have corresponding provisions.