My neighbor just built a house, when it is sunny it is fine but when it rains, water from the neighbor's roof flows into my house causing flooding because it cannot drain fast enough. I asked my neighbor to install a pipe to fix this situation but they did not do it. I want to know how to handle the discharge of rainwater into other people's houses if it causes damage?
Tran Ngoc Chau
(Vung Liem)
Reply:
Article 250 of the Civil Code stipulates the obligations of owners in draining rainwater. Accordingly, owners of houses and other construction works must install water pipes so that rainwater from the roof of their house or construction work does not flow onto the real estate of the owner of adjacent real estate.
Thus, according to the law, it is not allowed to build a house so that rainwater flows through other people's houses. Therefore, your neighbor's actions are a violation of the law and can be prosecuted for the act of "Destroying or intentionally damaging the property of individuals or organizations" with a fine of 3-5 million VND, as stipulated in Point a, Clause 2, Article 15 of Decree 144/2021/ND-CP on administrative sanctions for violations of regulations on causing damage to the property of organizations and individuals.
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