Should the property be responsible for the leakage of the external wall of the building?

On 20/0/0, Qi bought a house in a residential area in Hunan, and decorated it on 20/0/2. Li Heqi is a superior neighbor. June, 20 18, Qi discovered that the roof of the second bedroom was leaking, and it stopped leaking about half a month later. On June 20 18, the roof of the master bedroom leaked and dripped. Qi reported the water leakage of his house to the property management company on June 20 18, and the property management company organized maintenance personnel to repair the seeping ground free of charge. After inspection, the property management company thought that the floor was leaking. Qi sued the developer, the property company and the upstairs resident Li to the court, demanding that the three defendants bear the responsibility for maintenance and compensation. After the lawsuit was brought to the court, all parts of a leaking house were identified, and the decoration loss caused by a leaking house was also evaluated. The appraisal opinion shows that the main water leakage point of Qi's house is that the indoor part of the upstairs residents with waterproof requirements is poor or ineffective, and leaks from the indoor position of the superstructure, but the part adjacent to the external wall of Qi's house also leaks due to the leakage of the external wall.

The court held that:

First, the neighboring parties of real estate shall correctly handle the relationship between water interception, drainage, ventilation, transportation and lighting in accordance with the principles of favorable production, convenient life, solidarity and mutual assistance, and fairness and reasonableness. If it causes obstruction or loss to the adjacent parties, it shall stop the infringement, remove the obstruction and compensate for the losses. Second, according to the residential quality guarantee submitted by the developer, the warranty period of the plaintiff's house, including house leakage, has passed, so the developer should not be held responsible in this case. Third, according to the appraisal, the external wall leakage contributed to the indoor wall leakage and fouling to a certain extent. Although the external wall leakage and water seepage are the use parts of * * *, the maintenance cost of the use parts of * * * should be extracted from the housing maintenance fund and should not be borne by the property company because the warranty period of the house has expired. Moreover, the property management company has consulted the owner of the building on whether to use the housing maintenance fund. At present, the property management fund has not been approved successfully, and it is temporarily impossible to use the housing maintenance fund. To sum up, the plaintiff's request for the property management company to perform the maintenance obligation of its house has no factual and legal basis, and our court will not support it. 4. According to the appraisal opinion, the main causes of water leakage are poor waterproofing or water seepage in the waterproof part of the upper-floor house, and the water supply and leakage channels fail to leak into the upper-floor house. liying reformed the waterproof part of his house according to the appraisal agency's opinion, restored the structural layer and pipeline facilities, reached the standards required by the appraisal agency, and assumed the indoor losses of the plaintiff's house.

Lawyer's comments:

First, the main body of external wall maintenance.

1 During the warranty period, water seepage occurred on the external wall, which belongs to the quality problem of the house and the developer is responsible for the maintenance.

2. According to Article 70 of the Property Law and Article 16 of the Measures for Property Acceptance Inspection, the external wall belongs to the use part of * * *. When there is water seepage in the external wall after the warranty period expires, the property company should start a special maintenance fund for maintenance. The special maintenance funds belonging to the owner * * * shall be used for the maintenance, renewal and transformation of the parts and facilities of the property after the expiration of the property warranty period, and shall not be used for other purposes. Therefore, after the expiration of the warranty period, the property company should apply for the use of special maintenance funds to repair the leaking external wall, rather than the property company itself.

Two, the opening of residential special maintenance fund, divided into two situations:

1. Before the residential special maintenance funds are transferred to the owners' meeting for management, the following procedures shall be followed to activate the residential special maintenance funds:

The property management company puts forward suggestions for use according to the maintenance, renewal and renovation projects (if there is no property management company, the suggestions for use shall be put forward by the owners) → The owners whose exclusive parts account for more than two-thirds of the total construction area and more than two-thirds of the total number discuss and adopt the suggestions for use → The property management company or the owners organize the implementation of the use plan → Apply to the competent department of construction (real estate) of the local people's government of the municipality directly under the Central Government (use the special maintenance funds for public housing). Apply to the department responsible for the management of special maintenance funds for public housing) → the competent department of construction (real estate) of the people's government of a municipality directly under the central government or the department responsible for the management of special maintenance funds for public housing for examination and approval → notify the special account management bank to transfer special maintenance funds for housing → transfer special maintenance funds for housing to the maintenance unit.

2, residential special maintenance funds transferred to the owners' congress management, enable residential special maintenance funds, in accordance with the following procedures:

The property company puts forward the use plan (including the items that need maintenance, renewal and transformation, cost budget, cost range, emergencies that endanger the safety of the house, and other disposal methods that need temporary use of special maintenance funds for the house, etc.). ) → The owners' meeting passes the use plan according to law → The property company organizes the implementation of the use plan → The property company submits the special maintenance fund for houses to the owners' committee with relevant materials (if the special maintenance fund for public houses is used, the same as above) → The owners' committee approves it → It is reported to the construction (real estate) department of the people's government of the municipality directly under the central government (if the special maintenance fund for public houses is used, it shall be approved by the department in charge of managing the special maintenance fund for public houses) → The owners' committee and the department in charge of managing the special maintenance fund for public houses

Relevant laws and regulations:

1. Article 70 of the Property Law stipulates that the owner shall have the ownership of the exclusive parts such as houses and business premises in the building, and the parts other than the exclusive parts * * * shall have the right to jointly manage with * * *.

2. Article 2 of the "Regulations on Property Management" stipulates that the term "property management" as mentioned in these Regulations refers to the activities that the owners employ property service enterprises, and the owners and the property service enterprises carry out maintenance, conservation and management of the houses, supporting facilities and related sites in accordance with the property service contract, so as to maintain the environmental sanitation and related order in the property management area.

3. Article 53 of the Property Management Regulations stipulates that the owners of residential properties, non-residential properties in residential quarters or non-residential properties connected with a single residential building structure shall pay special maintenance funds in accordance with relevant state regulations. Special maintenance funds shall be owned by the owners, and shall be used exclusively for the maintenance, renewal and transformation of property parts and facilities after the expiration of the property warranty period, and shall not be used for other purposes. Measures for the collection, use and management of special maintenance funds shall be formulated by the construction administrative department of the State Council in conjunction with the finance department of the State Council.

4. Article 36 of the Regulations on Property Management in Hunan Province stipulates that a property service enterprise shall provide property management services in accordance with the property service contract and property service standards, and perform the following obligations:

(a) the implementation of fire, security personnel and measures to ensure the normal use of fire, security monitoring facilities, do a good job in the property management area of fire, security and civil air defense engineering maintenance and management;

(2) Responsible for the cleaning of the owner's roads and other public venues, the removal of garbage in the property management area, and the maintenance of environmental sanitation in the property management area;

(3) Maintaining and repairing the parts and facilities of the property;

(four) to keep records of property maintenance, repair, update and expenses, properly keep property files and related financial books, establish a property service information platform, and provide free inquiry services for owners and property users;

(five) the implementation of the 24-hour duty system, establish and improve the emergency plan for property services, and deal with emergencies in property services in a timely manner;

(six) other obligations stipulated by laws and regulations and the property service contract.