1. Who is responsible for the roof leakage on the top floor of the residential area as follows:

(1) If the waterproof project of the house is within the warranty period, the developer needs to repair any problems;

(2) If the waterproof project of the house is beyond the warranty period, all owners of the community need to repair it, and the related expenses incurred in the process of maintenance can be paid from the house maintenance fund. If there is no housing maintenance fund, it can be shared equally according to the size of the living area;

(3) If the roof leaks due to human factors, the damaged person shall be responsible for maintenance and compensation for other related losses.

2. Legal basis: Article 271 of the Civil Code of People's Republic of China (PRC).

Owners have the ownership of exclusive parts of buildings such as houses and business buildings, and have the right to co-manage the parts other than the exclusive parts.

Article 272

Owners have the right to possess, use, profit from and dispose of the exclusive parts of their buildings. The owner's exercise of rights shall not endanger the safety of the building or damage the legitimate rights and interests of other owners.

2. What are the causes of water leakage on the top floor of the house?

The reasons for water leakage at the top floor of the house are as follows:

1. The house has lived for a long time, and the top floor of the house is very prone to water leakage, because the previous waterproof protection has failed;

2. Households will set up vegetable gardens and flower stands on the top floor. When designing these, there is no waterproof isolation layer, so water seeps from the floor, which will cause water leakage at the lower level;

3. The roof leakage of the new house is a quality problem of the project, because the building materials are cut corners, and it is also possible that the waterproof project is not up to standard.