Is the property not responsible for the leakage of heating after the warranty period?

If the heating leaks after the warranty period, it is necessary to judge whether the property is responsible according to the actual situation.

First of all, two situations:

1. Whether the heating is still provided by the original developer when the house is handed over. If the owner replaces the heating equipment by himself, the property is not responsible.

2. On the premise of complying with Article 1, that is, the owner has not replaced the heating, the property shall bear the heating warranty for the first two heating seasons from the date when the house is delivered to the owner. Beyond the warranty period, the property is irresponsible.

Second, the property profile:

The word "property" was translated from English property or estate, and was introduced into coastal areas and inland areas from Hong Kong, meaning property, assets, real estate, real estate, industry and so on. Since the word was introduced into China in 1980s, it has now formed a complete concept, that is, property refers to all kinds of houses and their supporting equipment, facilities and venues that have been built and put into use.

Property can be large or small. A flat can be a property, and a building can also be used as a property. The same building can be divided into several properties according to different ownership. Property includes a variety of formats, such as office buildings, commercial buildings, residential quarters, villas, industrial parks, hotels, factory warehouses and other property forms.

Three. Residential property:

Residential property refers to buildings with residential functions for people to live in, including residential quarters, single residential buildings, apartments, villas, resorts and so on. , as well as supporting facilities, equipment and public venues.

Four, the legal responsibility of property management:

1, the legal liability of property management refers to the legal consequences that should be borne by violating the legal norms of property management. Illegal behavior is the premise of legal responsibility, and legal sanctions are the inevitable result of legal responsibility.

2. State functionaries, citizens or legal persons who refuse to perform their legal obligations or engage in acts prohibited by law shall bear the legal consequences caused by such illegal acts, and the state shall give corresponding legal sanctions according to law.

Verb (abbreviation for verb) responsibility classification:

1, civil legal liability

It refers to the adverse consequences of civil law that the civil subject must bear in violation of civil legal obligations in accordance with the provisions of civil law (including contract law). The main feature of civil legal liability is that it is mainly a property liability, and the content of civil liability can be agreed by the parties themselves. Civil legal liability can be divided into two categories: liability for breach of contract and liability for tort.

There are 10 ways to bear civil liability stipulated in Article 134 of the General Principles of Civil Law in China, which can be applied separately or in combination.

(1) Stop the infringement. Refers to the infringement that the actor is carrying out, and the victim has the right to ask him to stop or ask the people's court to stop.

2 remove obstacles. It refers to the right of the obligee to request the actor to remove the obstruction or the people's court to forcibly remove the obstruction when others illegally exercise their rights.

③ Eliminate danger. It means that when there is a danger of causing property or personal injury, the obligee has the right to ask the actor to eliminate it or ask the people's court for compulsory elimination.

4 return the property. It means that when the actor illegally occupies the property of the obligee, the obligee has the right to request the return of the property. ⑤ Restore to the original state. It means that when the property is illegally damaged or the performance status changes and it is possible to restore it, the victim has the right to request that the property be restored to an undamaged or unchanged state.

⑥ Repair, redo and replacement.

⑦ Compensation for losses. Refers to the actor using his own property to fill the loss of the victim.

⑧ Pay liquidated damages. Refers to the defaulting party paying a certain amount of money to the other party according to the law or the agreement of the parties.

Pet-name ruby eliminate influence, restore reputation. It means that citizens or legal persons have the right to ask the actors to openly admit their mistakes, clarify the facts, or dispel rumors and eliminate adverse effects when their personal rights are illegally violated, so as to restore their good social evaluation of their conduct, talents or credit when they are not harmed.

Attending to apologize. It means that when a citizen or legal person's personality right is illegally infringed, the obligee can ask the actor to admit his mistake in person and apologize to protect his personal dignity.

2. Administrative legal responsibility

It refers to the adverse retribution in administrative law that the administrative subject or administrative counterpart must bear according to law because of violating administrative laws and regulations. Administrative legal responsibility is divided into two categories: one is called illegal administrative responsibility, which refers to the adverse legal retribution caused by the illegal and dereliction of duty of administrative organs and their staff in the implementation of administrative acts, which is generally manifested in giving administrative sanctions to the person directly responsible or the person in charge of the unit; Another kind of administrative illegal responsibility refers to the adverse legal retribution that the administrative counterpart should bear according to law because of its violation of administrative regulations.

The ways to assume administrative responsibility are generally divided into three categories:

(1) Administrative penalty. Article 2 of China's Administrative Punishment Law clearly stipulates that the types of administrative punishment include: warning; Fines; Confiscation of illegal income and property; Ordered to stop production and business; Suspend or revoke the license, suspend or revoke the license; Administrative detention; Other administrative penalties prescribed by laws and administrative regulations.

② Administrative sanctions. It refers to an internal punishment given by state organs, enterprises and institutions to their subordinates for minor violations of law and discipline according to national laws, regulations or rules and regulations of state organs, enterprises and institutions, which mainly includes warning, demerit recording, demotion, salary reduction, dismissal, probation and expulsion.

③ Reeducation through labor. Administrative measures to implement compulsory education and reform for offenders who violate the law slightly but are not enough to give criminal punishment.

3. Economic and legal responsibilities

Refers to the adverse legal retribution that the subject of economic and legal relations should bear in violation of economic laws and regulations. Because the economic legal relationship is actually composed of administrative legal relationship and civil legal relationship, its legal responsibility is basically the same as that of violating administrative law and civil law, but when the economic responsibility system combining contracting with other rights is used to investigate the responsibility of violating economic responsibility system, it has the characteristics similar to administrative contract.

4. Criminal legal responsibility

It means that the illegal behavior of the actor (including natural persons and legal persons) has constituted a crime that violates the criminal law, and the criminal law must bear adverse retribution according to law. This is the most severe sanction and retaliation.

The way to bear criminal responsibility is criminal punishment, which is divided into two categories:

First, the principal punishment, including controlled criminal detention, fixed-term imprisonment, life imprisonment and death penalty;

The second is supplementary punishment, including fines, confiscation of property and deprivation of political rights. In the special normative documents of property management in various places, it is generally not stipulated that the illegal acts of civil subjects and administrative counterparts constitute crimes and shall be investigated for criminal responsibility according to law. Most of them expressly stipulate that: if the staff of the property management administrative department neglects their duties, abuses their powers, engages in malpractices for selfish ends, commits corruption and accepts bribes, they shall be given administrative sanctions by their superior departments or units; If the case constitutes a crime, it shall be transferred to judicial organs for criminal responsibility.