Who is responsible for repairing the power failure in the community?

According to the General Principles of Civil Law, property owners have the right to possess, use, profit from and dispose of their own property. As a kind of property, the owner of power facilities should enjoy the right to possess, use, benefit and dispose of the power facilities within his ownership scope according to the general principles of civil law.

When there is a power outage in a residential area, the first thing people think of is to call the power supply department to deal with it. But what many citizens don't understand is that if the ownership of the power supply facilities and equipment assets in the community belongs to their own assets, then the developers or property management companies in the community should bear the maintenance responsibility for such failures, and the power supply department has no right to manage and has no obligation to "do it for them". If developers and property companies shirk "kicking the ball" each other, then the problem of electricity consumption will become a big worry for residents.

Event review

Get the "banner" to solve the problem of electricity consumption in residential areas

In May of this year, the third phase of Celebrity Impression (data gallery group purchase review), where electrical equipment belongs to its own assets, encountered such embarrassment. Due to the failure of power equipment, there were two power outages in the community on May 2 and May 22, which caused more than 2,000 owners to have difficulty in using electricity for a long time and pointed the finger at Huicheng Power Supply Bureau. The joint community property posted in the local forum, which once caused Huicheng Power Supply Bureau to fall into the whirlpool of public opinion.

It is understood that the reason for the power outage is the sudden failure of the switchgear in the distribution room of Celebrity Impression Community and the failure of the third-phase power equipment. The property right of the high-voltage chamber that has failed does not belong to the power supply department, and should have been handled by the property right unit. However, due to the urgency of urgent users, the operation and maintenance personnel of Huicheng District Power Supply Bureau rushed to the scene at midnight immediately after receiving the report, assisting the repair unit entrusted by the property to troubleshoot and repair overnight, and temporarily restored the electricity consumption of the community.

After inspection by Huicheng Power Supply Bureau, it was found that the quality of power distribution room facilities in the community was uneven and the defects were serious. If the electricity consumption in this community is not improved immediately, the strike will continue. To this end, the bureau issued a notice of electricity inspection and rectification, requiring the community to entrust a qualified construction unit to rectify the existing problems. "Since May, our bureau has sent a number of staff to the community site to negotiate with the Commercial Committee, property companies and developers. Significant progress has been made by holding more than ten' multi-party meetings'. "

Recently, the representative of celebrity impression residents sent a banner to Huicheng District Power Supply Bureau with the words "Ensure the normal electricity use in the community and work hard for the people", thanking Huicheng Power Supply Bureau for its efforts to solve the worry of electricity use.

Maintain vacancy

Non-compliance of self-owned power supply and distribution facilities in some communities leads to frequent failures.

"At present, most of the power supply and distribution facilities in Huizhou residential quarters are built by development units, and property maintenance and property rights are also owned by developers or owners of residential quarters." Relevant personnel of Huicheng District Power Supply Bureau said that the power supply and distribution facilities in residential quarters have always followed the traditional management mode of "who invests in property rights" and "who owns construction, operation and management". "Once there is a power outage, citizens naturally think of calling' 95588' to find the power supply department. However, if the power facilities belong to the community with its own assets, the power supply company can only be responsible for the demarcation point of power supply assets in the community. Just like other people's things, we have no right to dispose of and repair them. "

After the failure of power supply and distribution facilities in this kind of community, the power supply department is quite helpless because of the difficulty in intervening in property rights, and it is easy to have unclear responsibilities, and the real estate developers and property management companies shirk each other, which leads to the owners who have no complaints to easily blame the maintenance responsibility on the power supply and government departments.

Celebrity impression power outage is not a case. The reason for the failure is that some construction projects failed to build power supply and distribution equipment according to the specifications in order to save costs; Moreover, due to the lack of professional operation and maintenance personnel, the maintenance and management of power supply and distribution facilities are not in place, which leads to a high probability of power failure in the community.

If the community's own assets are not good, look for a property first.

Regular maintenance is the key

"A levee of a thousand miles collapses in an ant's nest", the operation and maintenance personnel of Huicheng Power Supply Department told the author that the maintenance of residential power facilities should be carried out regularly, and many faults can be prevented through inspection and maintenance. On the contrary, if the operation and maintenance are neglected, it will not only affect the stable and safe use of electricity by the majority of owners, but also accelerate the wear and tear of equipment, affect the function of equipment, and even scrap it in advance.

When the residents report the power outage to the power supply department, the power supply personnel will first conduct troubleshooting. If it is found that it is the failure of the community's own equipment, they will coordinate the maintenance responsibility of the developer or property. Relevant personnel of Huicheng District Power Supply Bureau introduced that after the temporary power supply is repaired and restored, the staff will inspect the power facilities in the community and issue a rectification notice to fundamentally solve the power consumption problem in the community.

However, it is "difficult to speak alone" only by the power supply department. Huicheng Power Supply Department appealed that the owners should distinguish the rights and responsibilities, set up the owners' committee, and urge the developers and properties to carry out regular maintenance of electrical equipment, so as to fundamentally ensure that they can enjoy the stable power supply they deserve.

Lawyer relationship

Wu, corporate legal adviser of Huizhou Power Supply Bureau and lawyer of Kaiyang Law Firm, said that according to the General Principles of Civil Law, property owners have the right to possess, use, benefit and dispose of their property. As a kind of property, the owner of power facilities should enjoy the right to possess, use, benefit and dispose of the power facilities within his ownership scope according to the general principles of civil law. "In the power supply contract signed by the power supply department and users, the definition of the demarcation point of power supply facilities property rights has been clarified. Both power suppliers and users are responsible for the maintenance, daily management and safety of their power facilities according to the ownership of property rights, and bear relevant legal responsibilities. However, the users should properly protect and manage the electricity metering devices installed at the users, and take appropriate measures to prevent external forces and third parties from damaging them. Generally speaking, for the resident customers who are scattered and have taken over the community, the demarcation point of property rights is the electric energy meter; For resident customers who have not taken over the community, the demarcation point of property rights is the cable distribution box before accessing the community. "