Job Recruitment Website - Property management company - Who will pay for the loss caused by the leakage of the main pipeline to the owner?
Who will pay for the loss caused by the leakage of the main pipeline to the owner?
First, the main pipeline leakage reason analysis
The leakage of main pipeline may be caused by many reasons, such as pipeline aging, improper construction, material quality problems and so on. When determining the liability for compensation, it is necessary to deeply analyze the causes of water leakage and clarify the responsible party.
Second, the pipeline maintenance survey
Both the owner and the property management company are responsible for the maintenance of the main pipeline. The owner shall regularly inspect and maintain indoor pipelines to ensure smooth flow of pipelines; Property companies need to check and maintain public pipelines regularly to ensure the normal operation of pipelines. If the owner or the property management company fails to fulfill its maintenance responsibility and causes water leakage in the main pipeline, it shall bear the corresponding liability for compensation.
III. Contract and Division of Responsibilities
In the property service contract, the responsibility of the property company for the maintenance and management of public areas is usually stipulated. If the property management company fails to perform the contract, causing water leakage in the main pipeline, the property management company shall be liable for compensation. On the other hand, if the cause of water leakage has nothing to do with the property company, the owner will bear the loss himself.
Fourth, seek professional appraisal and legal aid.
In case of water leakage in the main pipeline, the owner and the property management company may entrust a professional organization to carry out appraisal, so as to clarify the cause of water leakage and the responsible party. At the same time, if both parties can't reach an agreement on compensation, they can seek legal aid and settle the dispute through litigation.
To sum up:
If the leakage of the main pipeline causes losses to the owner, the responsible party shall be liable for compensation. When determining the liability for compensation, it is necessary to comprehensively consider the causes of water leakage, pipeline maintenance, contract agreement and other factors. Owners and property management companies should cooperate with each other to maintain the safe operation of public pipelines and reduce water leakage.
Legal basis:
People's Republic of China (PRC) property right law
Article 70 provides that:
Owners have the ownership of exclusive parts of buildings such as houses and business buildings, and have the right to co-manage the parts other than the exclusive parts.
Article 72 provides that:
The owner shall enjoy the rights and undertake the obligations for the part other than the exclusive part of the building; Never give up your rights or fulfill your obligations.
property management regulations
Article 35 provides that:
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.
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