Who is responsible for the leakage of the sewer pipe embedded by the developer?

Two different ways of claiming rights.

The first is the contractual relationship. According to the warranty period, the developer should bear the responsibility.

The second is the legal relationship of tort liability according to tort relationship and tort liability law.

However, two different opinions will lead to different consequences.

Legal basis: Article 122 of the Contract Law? If one party violates the personal rights and property rights of the other party, the injured party has the right to choose to require it to bear the liability for breach of contract according to this law or to require it to bear the liability for infringement according to other laws.

1. (On contractual relationship) According to the provisions on warranty period in the house sales contract, the developer can be required to bear the maintenance responsibility, because the two-year warranty period has indeed passed, so it will be rejected by the court (that is, the contractual relationship cannot be claimed).

Legal basis: Article 40 of the Regulations on Quality Management of Construction Projects, under normal use conditions, the minimum warranty period of construction projects is:

(a) the reasonable service life of the building foundation engineering, foundation engineering and main structure engineering specified in the design documents;

(2) 5 years for roofing waterproof works, toilets, rooms and external walls with waterproof and anti-leakage requirements;

(3) The heating and cooling system consists of two heating periods and cooling periods;

(four) electrical pipelines, water supply and drainage pipelines, equipment installation and decoration works, for 2 years. The warranty period of other projects shall be agreed by the employer and the contractor. The warranty period of the construction project shall be calculated from the date when the project is completed and accepted.

Although the warranty period has expired, if what you say is true, that is, it is the first time to use the water pipe, then you can ask the developer to bear the tort liability. The way of tort liability is: compensation for losses (including pipeline maintenance and property losses caused by water leakage downstairs and in your home).

Legal basis:? Article 15 of the Tort Liability Law? The main ways to bear tort liability are: (6) Compensation for losses.

3. According to the tort legal relationship, you still have no statute of limitations, and the starting point of the statute of limitations is 2 years from the date of knowing the damage.

Article 135 of the General Principles of Civil Law? Unless otherwise provided by law, the limitation of action for requesting protection of civil rights from the people's court shall be two years.

Article 137? The limitation period of action shall be counted from the time when you know or should know that your rights have been infringed. However, if more than 20 years have passed since the right was infringed, the people's court will not protect it. Under special circumstances, the people's court may extend the limitation of action.

Extended data

Case 1:

Recently, Ms. Wang, who lives in a family hospital in Jiyang County, called this newspaper "Have something to say" to ask. The sewer in the kitchen upstairs is leaking downwards. Should the property be repaired or the upstairs residents repair it themselves?

The relevant person in charge of the Development and Management Section of the County Housing Management Bureau said: "There is water leakage upstairs, and there are many situations in which this problem should be repaired." If the house leaks within two years after delivery, that is, within the warranty period, if it is a construction problem, in this case, it should be repaired by the developer.

If after the warranty period, it is found that the upstairs building is leaking or leaking, the owner should negotiate and maintain it by himself, including the specific materials to be replaced by himself. If there is a property in this community, then the property should help the residents to repair the leaking houses, mainly to help the residents' personnel.

In addition, there are some older family houses in Jiyang County. Because there is no property management, just like Ms. Wang's family residence, it should be resolved through consultation with the upstairs to repair the water leakage.

Case 2:

The "unmanned room" upstairs has been leaking. Mr. Wang's community has been completed for more than three years. The problem of the new house made him very upset. "My house is newly renovated, and the ceiling has been stained so much by the water leaking from upstairs. I feel very distressed. " Mr. Wang said that the leakage upstairs not only cost his ceiling, but also smelled bad.

To this end, Mr. Wang did not communicate with the property. Knowing him, he knew that "unmanned room" was not a water leakage point, but the real water leakage point occurred on the seventh floor upstairs of "unmanned room".

"I have been looking for a residential property company. The property company found through investigation that water actually leaked from the 7 th floor of my residential building. " Mr. Wang said that he found a neighbor on the seventh floor, and the neighbor told him that the property was also coordinating the problem of water leakage at home, but he never found the real water leakage point. There is no water leak in the house on the seventh floor, so I don't know how to repair it.

For this matter, lawyer Ma Qunying of Jilin Shida Law Firm said that according to the relevant regulations of construction projects, the housing quality warranty period is 50 years for basic projects, 5 years for building 1 year, two heating periods for heating, two years for water supply and drainage, and other 1 year. The housing warranty period is calculated from the date of completion of project acceptance.

"During the warranty period, Mr. Wang can ask the real estate developer to be responsible." Lawyer Ma said that under normal circumstances, the community construction party needs to pay a part of the housing quality deposit to the real estate developer. During the warranty period, the construction party shall be responsible for the housing quality in the residential area.

In this case, if the sewer pipe leaks, it is necessary to check whether the leakage is a quality problem or a man-made problem, so as to determine the responsibility.

References:

Who should repair the water leakage in People's Network Building? Housing Authority: The developer is responsible for the warranty period.

People's net leaks upstairs and soaks downstairs. Lawyer: You can ask the developer to be responsible for this.