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Is it the responsibility of the top floor of the building to leak water or the responsibility of all residents?

The water leakage on the top floor of the building is the responsibility of all residents, and it is impossible for them to bear it themselves. Should be borne by all households in the unit. The developer is responsible for the completion year within 5 years, and the property department is responsible for more than 5 years.

If the white roof on the top floor of the building leaks, as long as there is no du on the top floor, it belongs to illegal construction and belongs to the damage caused by the flying wisdom of the roof. If it is used in the new building for five years, it will leak. This is the warranty period of similar goods. If this five-year period is exceeded, the maintenance cost will be borne by all the owners of the building. This roof belongs to the public area. According to the Property Law and the property management regulations, the public part needs to be repaired.

The terms of water leakage are as follows: the damaged party should first ask the house quality inspection department to make an appraisal report on the causes of water leakage in the house and how to make up the leakage; If it is identified as the fault of the neighboring party, the neighboring party may be required to repair it immediately or in time according to the report, and may be required to compensate for the damage caused during the repair period.

If the neighboring parties do not cooperate, the injured party may submit the dispute to the court. Its legal basis is Article 83 of the General Principles of Civil Law: the neighboring parties of real estate should correctly handle the neighboring relations in terms of water interception, drainage, transportation, ventilation and lighting in accordance with the spirit of convenient production, convenient life, solidarity and mutual assistance, fairness and reasonableness.

If it causes obstruction or loss to the neighboring party, it shall stop the infringement, remove the obstruction and compensate for the loss. If the neighboring party fails to perform the court's judgment, the injured party may ask the construction team to repair it downstairs, and the expenses incurred may be claimed by the upstairs owner to the court. If there is no compensation upstairs, you can apply to the court for enforcement.