Whose responsibility is it for the rain from the balcony to come in and seep water downstairs

It is the responsibility of the owner of the real estate right of the seepage balcony.

According to the provisions of the Property Law:

Article 91: The owner of immovable property rights shall not endanger the safety of adjacent immovable property by excavating land, constructing buildings, laying pipelines, installing equipment, etc.

Article 92: Where the owner of immovable property rights uses adjacent immovable property for the purposes of water use, drainage, passage, laying pipelines, etc., it shall try its best to avoid causing harm to the adjacent immovable property rights holders; Where damage is caused, compensation shall be given.

Example: On November 13, 2016, the Beijing No. 3 Intermediate People's Court sentenced the downstairs to pay 6,000 yuan for the water leakage on the upstairs balcony, and the judgment will pay compensation for the damage if it is not repaired in time. The court held that the adjacent property owners of the immovable property should handle the adjacent relationship in accordance with the principles of convenience and fairness and reasonableness, and that Mr. Liu should repair and compensate Mr. Wang's family for the loss caused by the leakage of the waterproof layer of Mr. Liu's balcony.

The balcony floats into the balcony of your house, and the water seeps from the balcony of your house to the downstairs, that is, the waterproofing of your home is not done well, and how much of this rain can seep downstairs.

If the balcony rains in and seeps downstairs, it belongs to the responsibility of the upstairs, because if the balcony belongs to the indoor structure, there are windows then the rain comes in, it belongs to the responsibility of the upstairs, if the balcony is exposed, there are no windows, and it is not the user's indoor area, then this responsibility does not belong to the upstairs.

This responsibility should be the responsibility of the construction team and the property management company. Because only when the building is qualified can we people live comfortably. in order to live with peace of mind.

1. Find the neighborhood committee to come forward to solve the problem;

2. You can coordinate with the police at the police station;

3. Court proceedings.

The question has leaked water before, and he has also coordinated, and the upstairs belongs to the rough room, how much responsibility does he have if he sues in this case.

If you want to prosecute such a case, you need to prosecute both of them.

Hello, it is recommended that you sue the landlord and the property of the community.

Question: Because we have negotiated with us before the leaky neighborhood committee, it is only an oral negotiation, can this be used as evidence in the subsequent prosecution?

Question: Can't the neighborhood committee be used as a witness? Shall we only provide evidence of the violation? Excuse me, I apologize, the neighborhood committee can be a witness, but I am afraid that it will change its face at that time, so you can provide evidence of infringement. It is recommended that you record the audio on your mobile phone when you talk to the neighborhood committee or when you negotiate with them.

Question Ok, thank you.

If it is a leak from the balcony upstairs that causes the downstairs to leak, then it must be the responsibility of the upstairs residents.

Summary. The owner of the immovable property shall not endanger the safety of the adjacent immovable property by excavating land, constructing buildings, laying pipelines, installing equipment, etc.

Where the owner of the immovable property rights uses the adjacent immovable property for the purposes of water use, drainage, passage, laying pipelines, etc., it shall try its best to avoid causing damage to the adjacent immovable property rights holders; Where damage is caused, compensation shall be given.

Whose responsibility is it for the rain from the balcony to come in and seep water downstairs

Hello, I am a cooperating lawyer and it is a pleasure to serve you.

Hello. It is the responsibility of the owner of the real estate right of the seepage balcony.

According to the relevant provisions of the Civil Code, the owner of immovable property shall not endanger the safety of adjacent immovable property by excavating land, constructing buildings, laying pipelines and installing equipment. Where the owner of the immovable property rights uses the adjacent immovable property for the purposes of water use, drainage, passage, laying pipelines, etc., it shall try its best to avoid causing damage to the adjacent immovable property rights holders; Where damage is caused, compensation shall be given.

Such a provision would certainly be clearer.

What other questions do you have?

Aren't we victims ourselves?

It's raining. The rain was particularly heavy.

Water seeps from your balcony to the downstairs, that is, the waterproofing of your home is not done well.

What if the house has not been renovated and the balcony is open?

If the other party does not decorate, the loss will be relatively small.

Specific compensation can be negotiated.

Upstairs responsibility.

Dig the best permeable waterproofing can be done by yourself.

If the cement surface is to be waterproofed, use the super permeable waterproof guard of the black gold steel to do waterproofing (if it is incomplete, use the dug beautiful butadia glue to fill the complete and then do the waterproofing).

For the tile surface, first check whether the filling of the tile gap is complete (if it is incomplete, fill it with dug beautiful butadia glue, and then use the black gold steel stone tile type to do waterproofing).