At present is worth monsoon, ceaselessly the citizen is dialed " border town evening paper " house of report of news hot line is slack phenomenon and the question with dimension difficult advantageous position. So upstairs face slack, suffer disaster downstairs the issue that pose, owner after all this how scientific thinking fors the time being, when claim for compensation, what essential factor should note? Property faces slack problem, how should be handled again? The case that the reporter reflects with respect to the citizen is done track investigation while, also invite professional lawyer to undertake unscrambling, gave out specific dimension authority means.
Case one
Complain a person: Mr Huang lives in lake day developing zone drive sweet center
Mr Huang follows reporter report, he is lived in in 7 buildings, will suffer the worry with slack building all the time for years. On May 29, the reporter comes in the home of Mr Huang, before " picture " shock letting a person, whole house is extremely damp, have a pungent mildew taste. The reporter sees, go to a bedroom from the sitting room, go up to the ground from the bed, filled up with the washbasin of greatly small Cheng Shui and pail, there is apparently slack mark on the ceiling. Because long the cause of bubble water, a few metope had blackened a mildew, begin to fall off.
"Whenever issue wet, rain can leak in the home, rain heavily outside, meet in the home sprinkle, which dare stay in a person in the home! " Mr Huang says painfully, the flood season that carry midday came immediately, these salver and pail he dare removed far from.
Downstair and slack germ is upstair. The reporter comes to 8 buildings subsequently, the reporter sees, 8 buildings are a semifinished product room, do not have a person, the cement tile that supports because of the building appeared damaged, then the home of disaster and downstair yellow gentleman. Mr Huang tells a reporter, this householder is not contacted previously, changed last year master, he expends setbacks to just find landlord, after discussing the case with landlord, before landlord says not know the inside story, promise to do waterproof, but did not move tardy namely.
Case 2
Complain a person: Ms. Zheng lives in the garden when gold
Ms. Zheng lives in 18 buildings, belong to the top layer of this ridgepole building. Ms. Zheng says, move into new home to still do not have half an year, slack phenomenon appeared in the home. "The summer that the time that occupy goes to was 2018, my home did not discover slack phenomenon at that time, but the spring to this year, because of the reason that rains continuously, slack phenomenon appeared in the home. Slack phenomenon appeared in the home..
Ms. Zheng tells a reporter, because the building is very waterproof,slack reason is did not do good, monsoon comes, raining time grows, the building begins ooze water. At present the circumstance of her home is: The wall paint of ooze water metope already began to fall off, rain a little a bit bigger, all rooms are met slack. Before paragraph time, she reflected slack condition with property, what what I hope is, property promises to help Ms. Zheng had solved slack problem, be in a few days ago, property had solved housetop waterproof problem, the wall outside the rest is waterproof also express to be able to have been handled.
"Be in our village, of a lot of house waterproof did not do good, I am informed over property, this paragraph of time, rapid move wants a lot of owner property is done waterproof. " " like me this is planted circumstance, although property is affirmatory it is good to do waterproof, but we sufferred a loss, do development business and property have liability to pay compensation? " Ms. Zheng says further.
Case 3
Complain a person: Ms. Jiang lives in a city east near 2 hospitals of city village
Ms. Jiang lives in 3 buildings, the reason with her home slack building is upstairs householder when decorating, did not do good waterproof. Ms. Jiang tells a reporter, new home is moved did not arrive one year, he discovers the ceiling that go up is in oneself balcony and corridor to blacken slowly, beginning is a few small macula only, next slowly nigrescent, and have mold. At first she thinks, spring is damp, belong to " resurgence " normal phenomenon, but she discovers incorrect interest later: The ceiling blackens not only, and still begin ooze water. Then she invites professional personage appraisal, the result of appraisal is: Appear this kind of circumstance is upstairs and slack those who cause.
Ms. Jiang found upstairs householder through property, but householder claims outer, do not come back temporarily, to slack phenomenon also be palter. Ms. Jiang says, large half an year went, upstairs householder did not appear all the time.
"This kind of situation is really awkward, knowing really is to engage in a lawsuit to still have other dimension authority medium of communication, will redeem a loss? " Ms. Jiang says helplessly.
The lawyer teachs you how thought fors the time being
Upstairs and slack, suffer disaster downstairs, owner after all this how scientific thinking fors the time being, when claim for compensation, what essential factor should note? The reporter interviewed a bosom to change academic law and courtyard of fair condominium a Confucian school of idealist philosophy of the Song and Ming Dynasties to teach Qin Zhijun's lawyer, at this point kind dispute undertakes unscrambling, gave out specific dimension authority means.
Problem one: After slack happening, damage square how should do for a short while?
Law of bosom chemistry courtyard and courtyard of fair condominium a Confucian school of idealist philosophy of the Song and Ming Dynasties teach Qin Zhijun's lawyer: After discovering slack circumstance, as damage square, ought to protect the spot above all, hand-in-hand travel evidence is fixed. Take a picture for example, the evidence such as kinescope recording is collected. Can look for village property or community first, let them give out opinion, or the neighbour that invites them to upstairs search, undertake negotiation repairing.
If talk things over,do not repair, can take the following kind, invite concerned personnel to undertake spot notarization for example. Compensate for limits to losing at the same time, the proposal has the company that evaluates aptitude please, wait like price attestation center, undertake assessment to the spot. After concerned formalities is complete, sue to the court again for appropriate.
Problem 2: Upstairs resident is decorated bring about slack, should otherwise of village property company assume responsibility?
Our country " property regulation " fiftieth 3 regulations: Owner needs to decorate those who decorate a building, ought to inform property to serve an industry beforehand. Property service company ought to decorate building adornment prohibit mediumly behavior and note tell owner. When property company discovers to there is the act that violates concerned regulation in decorating a process, refus stops ceaselessly or ought to correct; behavior person, ought to apply for approval relevant service is handled lawfully in time. If owner encountered this kind of problem, answer to be mirrorred to property company above all, if property company does not have afore-mentioned obligation, should be the liability to pay compensation with get losing owner is assumed fair. But if property company has used up obligation, do not assume responsibility.
Problem 3: To slack the loss that cause, this how claim for compensation?
Above all, need appraisal to slack reason, if do not accord with national level to cause because of building quality, in guarantee period inside, damage kills owner to be able to ask to develop business to undertake maintaining to slack building, recoup the loss that owner causes accordingly. Next, if upstairs owner truly because decorate or laid conduit creates downstair household " get water " , upstairs resident should search slack account in time and undertake maintaining, the harm that still ought to cause to downstair resident with respect to its misfeasance assumes liability to pay compensation.
Basis " property regulation " regulation, the public section that the administrative limits of property management unit is edifice and village and common facilities facilities, do not include owner private all establishment. Accordingly, the building maintains responsibility to be in charge of maintaining by owner for indoor part. If building loss belongs to be caused by of superstratum owner misfeasance, answer to be in charge of maintaining by superstratum owner. What should notice is, if the building is slack,attribute building quality problem, that should assume responsibility by development business. If property managed a company to had had announcement obligation, and itself also does not attribute quality problem, so property company fulfilled his administrative obligation lawfully, what need does is to assist chime actively the relation of tone and photograph adjacent owner, its do not assume legal responsibility.
Problem 4: Bought bridal chamber appears slack wait for a problem, this how does thought for the time being?
" urban estate develops byelaw of business management of enterprise " regulation, when estate develops business to should be used in commodity house consign, offer operation instruction handbook of residential guarantee of quality, residence to the person that buy a house. Residential guarantee of quality is estate development business the legal file that assumes quality responsibility to the commodity house of the sale, the quality grade that project quality ought to state to monitor unit nucleus produce the expected result inside, guarantee limits, guarantee period, guarantee the content such as the unit. And estate develops business ought to the agreement according to residential guarantee of quality, assume commodity house to guarantee responsibility.
