At present, access to the old real estate community, more and more water leakage into a universal concern. Recently, this newspapers hotline received more than real estate on the housing of complaints about water seepage. Press the past few days in respect of such complaints have been concentrated interview and asked lawyers commented, hoping to distinguish between owners of housing for leaking the responsibility to solve the problem satisfactorily, harmonious neighborhood relationships play a role. Leakage in these disputes by journalists and some coordination problems have been solved, and some close to being resolved, some still further coordination among.
incident: the third floor of the fourth floor of leaking长霉
Nanyou, Nanshan District B, 47 302 owners reflect Miss Peng calls, as the upstairs house leaking ceiling in her home霉斑serious.
receives a telephone call, the reporter then came home an interview with Miss Peng. Miss Peng said that the house was bought in April last year, when there are tenants because of the house, at the beginning and there is no showings, then her husband saw a room, because the old house, found no霉斑wall. Bought a house, the tenant moved out in August, they began to proceed with the renovation. September, decoration master at painting the walls and found a slight leak, but then did not care about Miss Peng. October 1 last year, Miss Peng, a move into the room later, she found a small bedroom ceiling began to have small traces of mycophenolate later trace mycophenolate growing. She Area Management Office to reflect the problem. Miss Peng themselves have also been to a 4th floor several times, but only to the tenants, they said the landlord in Hong Kong, has refused to provide owners of phone calls to Miss Peng.
Miss Peng reporter saw at home, living room with a toilet wall between a large霉斑from the kitchen into the study, the wall has obvious mycophenolate three blocks.
Subsequently, the reporter went to the management offices, in charge of the maintenance work carried out in paragraph Area workers told reporters that Miss Peng reflect the problems, management at October 22 last year to the 4th floor owners sent a letter co-ordination I hope that as soon as possible for the ground water project, but did not respond. In December last year, a management office sent a letter once again, have not received any response. Paragraph workers said that because the district was built in the 80s at the end of the last century, the age for nearly 20 years, a number of related issues have been reflected in more than 10 owners leakage problems, management offices are actively coordinated.
In recent days, reporters once again contact Miss Peng, she said that the owners of the upper floors has been commissioned to handle the matter on behalf of a relative, a management office also sent a maintenance worker will be prized open the ceiling of her house to check and found that the water there is convergence tube cracks in the floor upstairs bathroom also has water leakage. Miss Peng said, such as determining the relevant costs, owners will begin maintenance upstairs, she said that he was very grateful to our reporter on the issues and coordination.
incident II: upstairs downstairs leakage decoration
Honggang Mr. Tungs easy to call the newspaper real estate complaints hotline, reflecting the serious leaking ceilings house问题. January 9 afternoon, this reporter went to the East Village Honggang 17, in the leadership of Mr. Yi came to his house located on the 4th floor.
reporter saw, kitchen wall tiles high muster, in many places severely cracked wall paint; the ceiling of a toilet block霉斑especially black eyes, near the pipeline where it is rust stains, easy to use aluminum alloy plate himself sink built to divert water to avoid dripping people.
Mr. Yi said that the district was built in 1986, he came to live in 1989, found no water leakage. Early last year, he repainted the walls of the house again, but less than half a year on paint found to have cracked walls, kitchen vanity top of the ceiling also has leaks. Easy to understand that, 5th Floor, sold in May last year, the new owners of their decoration, taking into account the decoration may be caused by leaks, Mr. Yi himself leaking ceilings informed the owners upstairs. Later, Mr. easily feel the kitchen no longer seems to leak, it did not pursue. But soon, he found the toilet ceiling began dripping down the kitchen wall tiles also drum up the very beginning, he thought it was caused by its own pipeline leak, but the open aluminum alloy ceiling, only to find water seepage from the wall out, even under the ceiling lamp shade also has a half of water, light bulbs have been immersed in the water.
Mr. Yi 5th Floor owners numerous experiences of finding consensus, but the 5 floor, the owners said that the wall of water leakage to the Management Service is responsible for maintenance. Honggang Estate Management Office Mr. Ren told reporters, after inspection, Mr. Yis leakage is not the reason the wall.
reporter then knocked on the door 5th Floor owners, the owners introduced the very fact that they buy a house last year after only a little paint on the living entered, only to flush toilets to squatting toilet, it is impossible to undermine waterproof layer. However, reporters saw a flush toilet in the reform process, the squat toilet ground than the original ground increased. The very fact that the original charge of the decoration to please the master to identify, But the very fact that on many occasions contacted the renovation master, he is very busy, has no time to come.
At present, the two sides are to hold further consultations on this matter as soon as possible, please identify maintenance instructors.
three events: the former owners are owners of the decoration was missing
Yantian Miss Xu Sha Tau Kok last year bought a set of second-hand housing , found after living into the living room ceiling was leaking.
Miss Xu introduced in March last year, she signed a contract with the former owners, by the end of June to get the key. After living in. What did not find any abnormality, but in September, Miss Xu found the living room ceiling next to a watermark. She Management Office, the Management Office, said that it takes pressure upstairs observation. But after pressure did not find any problems.
Management Department will soon retrospect, the former owners installed lights, the ceiling had been from the water pipes broke.
It is understood that the occupation of properties for sale in 2005, Miss Xu bought from a Hong Kong this house. Miss Xu aware of this situation, many times with the former owners, but they do not answer the phone, send text messages and not returning, are currently not linked to his.
desperation, last week, invited Miss Xu had no choice but to repair their own masters, will be prized open leaks and found to be due to a water main break a nail a hole, the original decoration workers only glass glue to paste on the hole. Over time, hardened plastic glass can not be a good waterproof.
in can not contact the owners approached, the Miss Xu please master of their own money here the maintenance, installation of brass. She said that the current works have been completed, but also observed a few days, so it will not leak sealing place. It is understood that the maintenance costs of about 500 million between -1000. Miss Xu was a bit unjust, She asked the reporter to help out the ideas and how to deal with that in the end.
lawyers say
distinguish the responsibility of the reasons for that
Recently, Housing, water seepage problems in a press interview on the Guangdong Xingchen rigidity law firm. He said that the Housing leakage (leakage) not only shorten the life of the building, but also to the landlord brought great inconvenience to daily life. However, due to leakage caused by complex factors, completely avoid leaking housing is not realistic. Therefore, when the leak occurred in housing disputes, the reasons should first distinguish the leakage can be the basis of the responsibility to deal with disputes.
rigidity analysis, housing leaking There are three main reasons: First, the quality of housing itself, and the other is the owners improper use or decoration, and the third is the normal use, the aging. Leakage caused by different reasons, the relevant responsible parties are different.
According to the Ministry of Construction promulgated the in Article XIII, developers refused to fix a reasonable period of time or delay the repair because the owners can repair themselves or to entrust to others. Repair costs and repair other damage caused during the commitment by the developers.
upstairs as a result of (other) owners decoration or other misconduct, resulting in housing water seepage, causing losses to the owners, under the Article 83, to the adjacent side of obstruction or loss should be to stop abuse, remove obstacles, compensation for damages, the owners should also pay damages. Belonging to public facilities caused by leakage from the property management companies the responsibility for maintenance.
this, the rigidity suggested that housing the leakage, as the adjacent two sides should be mutual understanding and mutual coordination, professional bodies to identify and distinguish the responsibility to solve the problem satisfactorily; in housing maintenance, adjacent people (upstairs downstairs neighbors) should be given with the Housing Authority shall not impede the maintenance of an excuse. As the housing renovation easily lead to leakage, it is best to hire a legal entity to assume the decoration companies, and clear in the contract problems to deal with. As a result of have generally been used, and the existence of the second decoration, the buyer the potential for housing quality problems should have a reasonable judgments. Although the seller intentionally concealed as well as the seller caused the housing leakage (quality defects), the seller should bear the liability, but often delayed because they can not get the seller, therefore, second-hand housing (especially for a very long number of years have been used for housing ) to set the sale of the necessary maintenance was necessary.
Chinese version:深圳老社区楼盘越来越多 漏水成为普遍gz问题
目前，深圳进入老社区的楼盘越来越多，漏水成为一个普遍gz的问题。近期，本报房地产热线接到多起关于房屋漏水的投诉。记者近几日对这些投诉进行了集中采访，并请律师进行点评，希望借此能为业主区分房屋漏水责任、妥善解决问题、和谐邻里关系起到一份作用。在这些漏水纠纷中，经记者协调有的问题已经解决，有的接近解决，有的还在进一步协调之中。
事件一：四楼漏水三楼长霉
南山区南油Ｂ区４７栋３０２业主彭女士来电反映，由于楼上房子漏水，她家天花板出现严重霉斑。
接到电话后，记者随即来到彭女士家采访。彭女士说，房子是去年４月份买的，当时由于房子有租客，一开始并没有看房，后来丈夫看了一次房，因为房子比较旧，并没发现墙上有霉斑。买下房子，８月份租客搬走后，他们才开始着手进行装修。９月份，装修师傅在粉刷墙壁时发现有轻微漏水情况，但彭女士当时并没在意。去年１０月１日，彭女士一家搬入该房后，她才发现小卧室天花板一开始有小片的霉迹，后来霉迹越来越大。于是，她向小区管理处反映了该问题。彭女士自己也到过４楼多次，但只见到租客，他们表示房东在香港，却一直拒绝提供业主电话给彭女士。
记者在彭女士家里看到，客厅与洗手间之间的墙上有一块较大的霉斑，由原来厨房改成的书房里，墙上有明显的三处霉块。
随后，记者来到管理处，主管该小区维修工作的段工告诉记者，彭女士反映了问题后，管理处于去年１０月２２日给４楼业主发了一份协调函，希望尽快做好地面防水工程，但一直没有回复。去年１２月份，管理处再次发函，仍没得到任何回应。段工说，由于该小区建于上世纪８０年代末，楼龄已近２０年，相关问题不少，已有十多个业主反映漏水问题，管理处都在积极协调。
近日，记者再次联系彭女士，她说，楼上的业主已委托一位亲戚代为处理此事，管理处也派了维修工人将她家的天花板撬开检查，发现下水管的衔接处有裂缝，楼上卫生间地板也有漏水现象。彭女士说，等确定了相关费用，楼上业主就会着手维修，她表示很感谢本报记者对该问题的gz和协调。
事件二：楼上装修楼下漏水
红岗东村的易先生致电本报房地产投诉热线，反映房子天花板出现严重漏水问题。１月９日下午，记者来到红岗东村１７栋，在易先生的带领下来到他位于４楼的房子。
记者看到，厨房墙壁的瓷砖高高鼓起，不少地方墙面漆严重裂开；厕所天花板上一块块黑色霉斑格外刺眼，在靠近管道的地方更是锈迹斑斑，易先生自己用铝合金板搭成水槽，将水引开，才不致滴到人身上。
易先生说，这个小区建于１９８６年，他１９８９年住进来后，并没发现有漏水现象。去年年初，他把房子的墙壁重新粉刷了一遍，但不到半年就发现有墙面漆裂开了，厨房洗手盆顶上的天花板也有漏水情况。易先生了解到，５楼于去年５月份出售，新业主对其进行了装修，考虑到可能是装修引起漏水，易先生将自己天花板漏水情况告知了楼上业主。后来，易先生感觉厨房似乎不再漏水，也就没有继续追究。但没过多久，他发现厕所天花板开始往下滴水，厨房墙面的瓷砖也鼓了起来，一开始，他以为是自家管道漏水引起的，但拆开铝合金天花板，才发现水是从墙壁渗出来的，连天花板下的灯罩也蓄了半灯罩水，灯泡已浸在水里。
易先生多次找５楼业主协商，但５楼业主表示墙体漏水要由管理处负责维修。红岗东村管理处任先生告诉记者，经过检查，易先生家的漏水并非墙体原因。
记者随即敲开了５楼业主的门，业主张女士介绍，自己去年买房后只是稍作粉刷就住进来了，仅仅是将抽水马桶改为蹲厕，不可能破坏防水层。但是记者看到，在改抽水马桶的过程中，蹲厕地面比原来地面升高了。张女士表示要请原来负责装修的师傅来鉴定，“如果是我的责任，我可以负责维修。如果不是，我不愿意出冤枉钱。”但张女士说联系了装修师傅多次，他都很忙，一直没有时间过来。
目前，双方正就此事进行进一步协商，尽快请维修师傅进行鉴定。
事件三：前业主装修现业主遭漏
盐田沙头角徐小姐去年买了一套二手房，住进去后却发现，客厅天花板竟然漏水。
徐小姐介绍，去年３月，她与前业主签订合同，６月底拿到钥匙。住进去后并没有发现什么异常，但到９月，徐小姐发现客厅天花板旁有一块水印。她找管理处来看，管理处说需在楼上加压进行观察。但打压后并没发现任何问题。
管理处有关人士很快回想起来，前业主在装灯时，曾把从天花板经过的水管弄坏。
据了解，该楼盘２００５年入伙，徐小姐从一个香港人手中买下这套房子。徐小姐知道这一情况后，多次与前业主联系，但对方不接电话，发短信也不回，目前都没有联系上他。
无奈之下，上周，徐小姐只好自己请来维修师傅，将漏水处撬开，发现确因一个钉子将水管打破了一个洞，原来的装修工人只是用玻璃胶将洞糊上了。时间一长，玻璃胶变硬，不能很好防水。
在联系不上前业主的情况下，徐小姐自己掏钱请师傅对这里进行了维修，装上了铜管。她说，目前工程已完工，但还需观察几天，因此现在还没将漏水的地方封上。据了解，维修费用大约为５００元－１０００元之间。徐小姐感到有点冤，“刚买的房子就漏水，还找不到责任方。虽然维修费用不多，但是毕竟责任不在我。”她请记者帮忙出出主意，到底该怎么处理。
律师说法
分清原因认定责任
近日，记者就房屋漏水问题采访了广东星辰律师事务所律师梁刚。他表示， 房屋漏水（渗漏）不但缩短了建筑物的使用寿命，也给业主日常生活带来了极大不便。但由于引起漏水的因素比较复杂，wq避免房屋漏水现象是不现实的。因此，当发生房屋漏水纠纷时，首先应分清漏水原因，才能根据责任来处理纠纷。
梁刚分析，房屋漏水原因主要有三种：一是房屋本身存在质量问题，二是业主使用或装修不当，三是正常使用、老化。造成漏水的原因不同，相关的责任方也是不同的。
根据建设部颁布的《房屋建筑工程质量保修办法》第七条及《住宅质量保证书》的规定，屋面防水工程、有防水要求的卫生间、房间和外墙面的防渗漏，保修期为５年。如房屋在保修期内，则开发商应当承担免费维修责任。根据《{zg}人民法院关于审理商品房买卖合同纠纷案件适用法律若干问题的解释》第十三条规定，开发商拒绝修复或者在合理期限内拖延修复的，业主可以自行或者委托他人修复。修复费用及修复期间造成的其他损失由开发商承担。
如因楼上（其他）业主装修或其他不当行为，造成房屋渗水，给业主造成损失的，根据《民法通则》第１１７条规定，损坏他人财产的，应当恢复原状或者折价赔偿。作为侵权方除了停止侵权（如：重做防水层）外应承担损害赔偿责任。在保修期满后，房屋内设施正常使用造成的漏水由业主自行负责维修，由业主自行承担费用。如果漏水造成其他业主损失的，根据《民法通则》第８３条规定，给相邻方造成妨碍或者损失的，应当停止侵害，排除妨碍，赔偿损失，业主还应赔偿损失。属于公共设施造成的漏水由物业管理公司承担维修责任。
对此，梁刚建议，房屋出现漏水，作为相邻双方，应相互理解和相互配合，聘请专业机构进行鉴定分清责任，妥善解决问题；在房屋维修时，相邻人（楼上楼下、左邻右舍）应当给予配合，不得借故阻碍房屋维修。由于房屋装修时容易导致渗漏，{zh0}聘请具有法律主体资格的装修公司承担，并在合同中明确出现问题时的处理方案。由于“二手房”一般都已使用过，并存在二次装修，买方对房屋存在的潜在质量问题应有合理的判断。虽然对于卖方故意隐瞒以及因卖方原因造成的房屋漏水（质量瑕疵）的，卖方应承担赔偿责任，但往往因为找不到卖方而延误，因此，二手房（特别是对于已经使用很长年限的房屋）买卖中设定必要的保修款是必要的。
2008-01-22
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