Provisions of Property Law on Water Leakage upstairs and downstairs

1. What are the provisions about water leakage upstairs and downstairs in People's Republic of China (PRC) Civil Code?

1, People's Republic of China (PRC) Civil Code * * * stipulates that water leaks from upstairs to downstairs:

(1) The property uses adjacent properties for drainage and pipeline laying. Do your best to avoid damage to the adjacent property owners;

(2) If the property right is damaged or may be damaged, the obligee may request to remove the obstruction or danger;

(3) If the immovable property or chattel is damaged, the obligee may request repair or restitution according to law;

(four) the realty service enterprise or other managers accept the supervision of the owners according to the entrustment of the owners, and promptly answer the owners' inquiries about realty services.

2. Legal basis: Article 286th of the Civil Code of People's Republic of China (PRC).

Owners shall abide by laws, regulations and management regulations, and relevant behaviors shall meet the requirements of saving resources and protecting the ecological environment. For property service enterprises or other managers to implement emergency measures and other management measures implemented by the government according to law, the owners shall cooperate with them according to law.

The owners' assembly or the owners' committee has the right to ask the perpetrator to stop the infringement, remove the obstruction, eliminate the danger, restore to the original state and compensate for the loss of any act that damages the legitimate rights and interests of others, such as dumping garbage at will, discharging pollutants or noise, raising animals illegally, building illegally, occupying passages illegally, refusing to pay property fees.

If the owners or other actors refuse to perform relevant obligations, the parties concerned may report or complain to the relevant administrative departments, which shall deal with them according to law.

Second, who is responsible for the leakage upstairs and the damage downstairs?

1, the developer shall bear relevant responsibilities for the house itself, such as water leakage during the waterproof warranty period or unreasonable design of the house itself;

2. For the reasons of the upstairs owners, the upstairs owners generally bear the relevant responsibilities;

3. The owner downstairs shall bear relevant responsibilities, etc.