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Is the property responsible for the leakage of the house?
If it is a quality problem, the developer has not handed over the property to the property or is still in the warranty period, and cannot ask the property to take responsibility; When the warranty period expires and the public area leaks, the property management company may be required to bear the responsibility; However, if there is water leakage in public areas, and it is not within the scope of property service obligations stipulated in the property service contract, the property cannot be required to bear the responsibility; If it's not a quality problem, but a water leak upstairs, you should claim rights from the upstairs owner. General housing leakage refers to roof leakage and external wall leakage. No matter what kind of water leakage, as long as it is not man-made damage during the warranty period, the developer will be responsible for maintenance.
However, if the damage is man-made, the injured person must bear the responsibility, such as opening a skylight on the roof, installing solar energy, and reforming the external wall. And change the original structure, the developer has the right to refuse to repair the waterproof for free.
Which department should I look for if the house leaks?
1, talk things over with the property and developers;
2. Find government departments (Construction Bureau, Quality Supervision Bureau, etc.). ) to complain and reflect;
3. Bring a civil lawsuit to the people's court.
The house is guaranteed for five years for water leakage. The warranty period refers to the day when the owner enters the house and gets the key. During the warranty period, he will find the developer, and outside the warranty period, he will find the industry Committee to activate the overhaul maintenance fund. If there is no jiaotong university maintenance fund, he will repair it himself.
There are three main reasons for water leakage in the house.
First, there are quality problems in the house itself;
Second, improper use or decoration by the owner;
The third is the water leakage caused by normal use and aging.
According to the different causes of water leakage, the related responsibilities are also different.
Legal basis:
Article 35 of the Regulations on Property Management
The realty service enterprise shall provide corresponding services in accordance with the stipulations of the realty service contract.
The realty service enterprise fails to perform the realty service contract, causing personal and property safety damage to the owner, and shall bear corresponding legal responsibilities according to law.
"Housing construction quality warranty measures" seventh
Under normal use, the minimum warranty period for building construction works: roof waterproofing works, leakage prevention of toilets, rooms and external walls with waterproof requirements is 5 years.
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