Online the franco-prussian | the ceiling is leaking, the find upstairs to compensate or let developers to compensate?The court sentenced to

2022-06-11 0 By

Because of the discovery of the ceiling leakage in the home, the owner Miss Dong will upstairs neighbor Mr. Zhao and small area developers appeal to the court, the repair and compensation leakage loss 9676 yuan, Haidian court after hearing, according to the cause of the leakage, the judgment of the developer to repair the leakage part and compensation miss Dong because of the leakage loss of 2000 yuan.Brief introduction of the case Miss Dong said that she was the owner of no. 501 house, and Mr. Zhao was the owner of no. 601 house upstairs.On June 25, 2021, he found water leaking from the top wall of the balcony, trickling along the walls and gas pipes. The wire pipes and gas pipes below the water leakage were wet, and the gas meter and wall insert boards were wet, which affected his normal living and life.Its many times to find Mr. Zhao and the development of the community to repair the leakage parts, but the two blame each other, so far failed to repair.Appeal to the court to put forward the above appeal.Mr. Zhao argued that Ms. Dong had no basis for her lawsuit and that the leak was in a heating pipe buried under the floor.Now the building has not arrived at the warranty period, should be responsible for processing by the developer.Additional, heating pipe is when development business makes a room, have been buried in advance, because the material that development business uses, occurrence leakage does not accord with national regulation, ought to assume responsibility by development business.Developers argue that the housing in 2017, according to the housing issued when the “residential quality guarantee certificate” and “Beijing Construction project quality Regulations”, the warranty period for water supply and drainage pipes for two years.Therefore, the quality warranty period of the house has expired, and the problems beyond the quality warranty period should not be borne by it.In the process of hearing this case, the court entrusted a special appraisal organization issued an appraisal opinion, to determine the cause of the water leakage is no. 601 house kitchen balcony heating pipe and cold water pipe buried part of the defects.The court hearing the court after hearing that developers issued “residential quality guarantee certificate” commitment warranty scope and warranty should comply with the relevant laws and regulations of the state and Beijing and the requirements of relevant standards.The “Residential Quality Guarantee Certificate” clearly indicates that it is issued on the basis of the “Commercial Residential Engineering Quality Warranty Regulations” DB11/641-2009, in which the “Commercial Residential Engineering Quality Warranty Regulations” article 5.0.7 “in addition to the pipeline quality warranty period of concealed installation shall not be less than 10 years,Heating and cooling system quality warranty period shall not be less than 2 years “.In this case, the leaking heating pipe and cold water pipe pipeline is the developer buried under the ground, should belong to concealed pipeline, its quality warranty period shall not be less than 10 years.The leakage accident occurred on June 25, 2021, and the leaking pipeline was still within the warranty period.The developer, as a building construction unit, shall provide equipment that meets quality standards in accordance with relevant laws and regulations without proving that the occupants of Room 601 have altered or replaced the leaking pipes.Now the developer caused miss Dong’s loss due to the quality of the pipeline provided by the developer, which should bear the corresponding tort liability.Finally, the court made the above judgment.After the verdict, neither party appealed, now the case has come into force.Online argument our country estate law sets, estate development enterprise ought to offer to buy a person when commodity house consign is used “residential quality guarantee certificate” and “residential use manual”.The quality guarantee certificate is a legal document for the real estate development enterprise to bear the quality responsibility of the commercial house sold, which should list the quality grade of the project, the scope of warranty, warranty period and warranty unit.The developer shall bear the warranty liability in accordance with the provisions of the quality guarantee certificate.It should be noted that if the warranty content and warranty period indicated in the quality guarantee certificate of the developer are lower than the national or local standards, they should bear the corresponding quality responsibility in accordance with the stricter national or local standards.Please leave the temperature of your fingertips and let the sun embrace you remember that this is a temperature of the public number