Is the upstairs property responsible for leaking water to the downstairs property?

Legal analysis: as the case may be. First of all, find out the cause of water leakage:

1. Water leaks because the quality of the house does not meet the national standards. During the warranty period, the owner can ask the developer to repair the leakage of the house and compensate the owner for the losses caused by it. The construction unit shall undertake the property warranty responsibility in accordance with the warranty period and scope stipulated by the state. The responsibility is not in the property.

2. If the water leakage is caused by the upstairs owner, the upstairs residents should find out the cause of the water leakage in time and carry out maintenance, and should also be responsible for the damage caused by their misconduct to the downstairs residents.

3. The natural aging of building waterproof materials leads to water leakage, and the upstairs and downstairs owners * * * share some maintenance responsibilities.

Legal basis: Civil Code of People's Republic of China (PRC).

Article 286 The owner shall abide by the laws, regulations and management regulations, and the relevant actions 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.

Article 287 The owner has the right to require the construction unit, the realty service enterprise or other managers and other owners to bear civil liability for acts that infringe upon their legitimate rights and interests.

Article 1252 Where a building, structure or other facility collapses, causing damage to others, the construction unit and the construction unit shall be jointly and severally liable, unless the construction unit and the construction unit can prove that there are no quality defects. After the construction unit and the construction unit make compensation, if there are other responsible persons, they have the right to recover from other responsible persons.

If buildings, structures or other facilities collapse due to the owner, manager, user or a third party, the owner, manager, user or a third party shall bear the tort liability.

"Measures for the Administration of Special Maintenance Funds for Residential Buildings" Article 20 The maintenance, renovation and renovation costs of residential buildings and facilities and equipment shall be shared according to the following provisions: (1) The maintenance, renovation and renovation costs of residential buildings or commercial buildings and non-residential buildings shall be shared by the relevant owners according to the proportion of their respective property construction areas. (II) After-sale public housing, the cost of maintenance, renewal and transformation of * * * parts and * * * facilities and equipment shall be shared by the relevant owners and public housing selling units according to the proportion of the residential special maintenance funds deposited; Among them, the part that should be borne by the owners shall be shared by the relevant owners in proportion to the construction area of their respective properties. (3) After-sale public houses, commercial houses or non-residential houses, the maintenance, renewal and renovation costs of their parts, facilities and equipment shall be allocated to the relevant properties in proportion to the construction area. Among them, the expenses that should be shared by the after-sale public houses shall be shared by the relevant owners and public houses selling units in proportion to the special maintenance funds deposited.