Who is responsible for balcony leaks?

Hello, have you ever renovated or touched the balcony during the renovation? If not, leave the property alone. The leakage warranty period is 5 years, find the developer within 5 years, and find the property after 5 years. The balcony is functionally allowed to have water, and a floor drain is also set up, so water for air conditioning should not be a problem.

But if you've touched the balcony, it's hard to say. Thank you.

The balcony has experienced long-term wind blowing, and after the rain, it is inevitable that there will be water leakage, which leads to many reasons for balcony leakage. If the source is different, the person responsible for the balcony leakage will also be different There is no fixed answer to the question of whose responsibility is the balcony leakage, and it is generally necessary to judge according to the cause of the balcony leakage and the location of the leakage, and there are many reasons for the balcony leakage. Depending on the source, the corresponding responsibilities will also be different.

The developer is responsible for the new house, and the property should be responsible for it after one year of occupancy, because the annual property fee includes the maintenance of the house.

If you do not decorate during the warranty period, the property and the developer are responsible.

1. Find out the cause of water seepage.

When the balcony seeps, the first step is to find out the cause of the water seepage, and only after finding out the cause of the water seepage can you determine who is responsible. There are usually three reasons: the quality of the house itself, the improper use of the owner and the improper decoration, and the person in charge will be different for different reasons.

2. The developer is responsible.

In general, if the house is within the warranty period, it is the developer of the house who is responsible. If the balcony is leaking and it is under warranty, but the developer does not want to be responsible, then it is possible to find someone to repair it yourself. However, the cost of repairs can be summed up and the property can be reported to the developer for compensation.

However, after the renovation, the kitchen, bathroom and other places are not in the scope of maintenance because they have changed their shape, which is different from when the house was handed over.

3. The person who caused the water seepage is responsible.

If the owner of the upstairs causes the seepage of water on the balcony downstairs, then the owner of the upstairs is responsible. We need to have a good relationship with our neighbors, take responsibility for ourselves, and if we cause trouble to other residents, we need to repair and compensate them immediately.

Is your balcony leaking or is it the upstairs balcony leaking?

For example, the problem of water leakage on the upstairs balcony is a dispute over adjacent rights between the subjects of the adjacent relationship of the house, and the residents of the upper floor have the ownership of their own houses, and if their houses cause damage to the rights of the other party in the adjacent relationship, they should take the initiative to bear the liability for damages. According to the provisions of the General Principles of the Civil Law on adjacency:

The adjacent parties to the immovable property shall, in accordance with the spirit of conducive to production, convenience of life, solidarity and mutual assistance, fairness and reasonableness, correctly handle the adjacent relationship in terms of water interception, drainage, passage, ventilation, lighting, etc. Where obstructions or losses are caused to adjacent parties, the infringement shall be stopped, the obstruction removed, and losses compensated."

In this case, the water leakage of the balcony of the upstairs resident affected the downstairs resident, causing a certain degree of damage to the downstairs resident, which has constituted a constitutive element of tort liability under civil law. Therefore, the downstairs residents can sue the court to claim the cessation of the infringement, the removal of the obstruction and compensation for losses, and the upstairs residents should try their best to avoid causing damage to the adjacent real estate owners, and if the damage is caused, they should take the initiative to compensate. The property management company is responsible for the maintenance and management of part of the house and its equipment shared by the owners in the community, and the balconies in this case belong to the owners.

If it is the responsibility of a third party, the upstairs resident can pursue the relevant liability of the third party after taking responsibility for it.

If your house has a maintenance fund, the developer is responsible for the house less than five years old, and you will find property maintenance outside for five years! You don't have to worry about this if you have a repair fund!

The balcony should have a 5-year water quality guarantee, too! If it is not man-made, the developer should be responsible for the water leakage!

It is also necessary to analyze the specific problem, whether it is the water leakage caused by the house itself, or the water leakage caused by human reasons.

Liability for water leaks caused by the house itself can be divided as follows:

1. The real estate certificate is not more than 5 years old.

According to the provisions of the 2000 Ministry of Construction Order No. 80 "Measures for Quality Warranty of Housing Construction Projects".

Article 4 If there is a quality defect in the warranty scope and warranty period of the housing construction project, the construction unit shall perform the warranty obligation.

Article 7 Under normal use conditions, the minimum warranty period for housing construction projects is:

2) Roof waterproofing works, toilets with waterproof requirements, rooms and external walls for leakage prevention, for 5 years;

2. The real estate certificate is more than 5 years old.

Liability of the property.

If the water leakage is caused by human reasons, you can find the upstairs residents to claim their rights.

According to the provisions of the General Principles of the Civil Law on adjacent relationships, "the adjacent parties to the immovable property shall, in accordance with the spirit of conducive to production, convenient life, solidarity and mutual assistance, fairness and reasonableness, correctly handle the adjacent relations in terms of water interception, drainage, passage, ventilation, lighting, etc." Where obstructions or losses are caused to adjacent parties, the infringement shall be stopped, the obstruction removed, and losses compensated."

It should be solved by the property, since the property is not allowed to install awnings, why the overall balcony is not sealed for the campus, and the balcony leakage in the case of natural rain is the consequence that the property should consider when making the above provisions, which is caused by the property negligence, omission and unreasonable regulations.

I'm not afraid of him in a lawsuit.

O(∩_O~

Personally, I think that it should be the landlord who compensates.