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Five certificates: 1) State-owned land use certificate:
The state-owned land use certificate is a legal certificate for units and individuals to use state-owned land, which is protected by law.
2) Construction project planning permit:
The construction project planning permit is the legal certificate for the land and construction project of the construction unit, and the land use unit without the certificate is an illegal land, and its engineering building is also an illegal building, and the real estate ownership certificate cannot be obtained.
3) Planning permit for land use for construction projects:
The planning permit for construction land is a procedure that must be followed after applying for a planning permit for construction land.
4) Construction permit for construction projects:
The construction permit of the construction project is the legal certificate for the construction unit to carry out the construction of the project, and it is also one of the main bases for the registration of housing ownership. Construction projects without a construction permit are illegal buildings and are not protected by law. The Xiamen Municipal Construction Committee is responsible for the approval of the start of construction.
5) Commercial housing pre-sale license:
The competent authority of the pre-sale certificate of commercial housing is the Xiamen Municipal Urban Comprehensive Development Management Office, and the certificate is uniformly printed, registered and approved and issued by the Municipal Development Office.
The most important of the "five certificates" are the land use certificate and the commercial housing pre-sale permit, both of which indicate that the purchased house is within the scope of legal transactions.
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Whether the developer has the ability to deliver the house is based on whether the building it has built has obtained the certificate of conformity issued by the relevant departments after the completion of the building, and if it does not have this certificate, it cannot be delivered. In addition, it depends on whether the basic conditions for moving in are met, such as water, electricity, elevators, etc., including public corridors and walkways. If some conditions are not met, even if the developer wants to hand over the house, you can not accept the house, now some developers are shoddy, and there are many people who are eager to deliver the house, so it is better to be careful about this matter.
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Look at three books, one certificate and one table, namely "Construction Engineering Quality Certificate", "Residential Instruction Manual", "Residential Quality Assurance Certificate", "Comprehensive Acceptance Certificate for the Completion of Real Estate Development and Construction Projects", and "Record Form for the Completion of Construction Inspection Spring Socks". And according to the area measurement report data (stamped with the official seal of the surveying and mapping team), the area on the purchase contract should be compared.
In addition, when buying a house, you also need to look at some certificates of the dealer, such as business license, qualification certificate, building construction permit, planning permit, pre-sale license, etc. Then take the house is the quality assurance certificate, the instruction manual, and look at the completion acceptance record certificate.
"Three Books, One Certificate and One Form" is the necessary information when receiving the house, and if the developer cannot provide these information documents, the landlord has the right to refuse to take the house.
Pay the fee and sign the house inspection: After the problem is found, you can't pay the fee and sign. You should repair the house first, and collect evidence at the same time to lay a good foundation for future evidence (i.e., recording evidence by recording the date through tape recorders, digital cameras or digital photography), especially keep your own home inspection consultation report.
It is common to verify that the total area of the house is exceeded or reduced by less than 3% (the owner suffers from the loss of the excess and the deficiency is compensated); There are more cases where the area in the suite decreases and the shared area increases (the take-home area decreases, and the owner suffers).
In addition, there are some acceptances that require the owner's signature** to record the acceptance of the house, such as the "Home Inspection Handover Form", etc. It is understood that in order to simplify the acceptance process and avoid acceptance disputes, some developers will require the owner to sign all the ** that needs to be signed before their staff accompanies the owner to see the house for acceptance, and even coerce the owner not to give the key to see the house. The lawyer reminded that this is very unsafe for the owner, and the owner must sign the acceptance after viewing the house anyway.
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What the developer needs to provide when handing over the house: When the developer delivers the house, it needs to provide the buyer with the certificate of acceptance of the quality of the house, and also provide some documents that must be provided by law, such as the "Residential Quality Guarantee" and the "Residential Instruction Manual".
Article 45 of the Law of the People's Republic of China on the Administration of Urban Real Estate The pre-sale of commercial housing shall meet the following conditions: (A) has paid all the land use right transfer money, obtained the land use right certificate; (B) holding a construction project planning permit; (3) According to the calculation of the pre-sold commercial housing, the funds invested in the development and construction of the project have reached more than 25% of the total investment in the construction of the project, and the construction progress and completion delivery date have been determined; (D) to the county level or above the people's ** real estate management department for pre-sale registration, to obtain the commercial housing pre-sale license certificate. The pre-seller of commercial housing shall, in accordance with the relevant provisions of the state, submit the pre-sale contract to the people's real estate management department and land management department at or above the county level for registration and filing.
The proceeds from the pre-sale of commercial housing must be used for the construction of relevant projects.
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1. When receiving the house, the developer shall present the original "Completion Acceptance Record Form" to the owner, which must have the signature and official seal of the filing department agreeing to the record, so as to prove that the acceptance is qualified.
2. When receiving the house, the developer needs to provide the original "Residential Quality Assurance Certificate" to the owner, if the developer entrusts the property management company and other units to be responsible for repairing the quality of the house, then the developer should write the name of the entrusted unit in the "Residential Quality Assurance Certificate" to ensure the quality standards of the residence.
3. When receiving the house, the developer shall provide the original "Residential Instruction Manual" to the owner, which shall explain the structure, performance and type, performance, standard and other specifications of the residential structure, performance and various parts (components), and mark the precautions for use.
4. When receiving the house, the developer needs to show the original "Construction Project Quality Identification Certificate" to the owner, which is issued after the experience of the construction project quality and safety supervision and inspection station (quality supervision station) is qualified.
5. The construction of the main project and supporting facilities shall be verified by the planning department and the verification certificate shall be obtained.
What is the process during a home inspection.
1. Look at the wall: usually check whether the wall has water seepage, it is best to go to the scene to observe it before handing over the house, the next day after heavy rain, if there is water seepage, it is almost impossible to escape. At the same time, it is also necessary to check whether the wall has hollowing, warping, cracks, etc.
2. Inspection of hydropower: The inspection of the wire is not only to test its energization, but also to see whether the quality of the wire meets the national standard, and then to check whether the cross-sectional area of the wire meets the requirements. Usually, the wires used in the home cannot be lower than the square, the air conditioning line must reach 4 squares, and most of the civil wires will be one level different.
3. Check the waterproofing of the toilet and bathroom: When the owner accepts the waterproofing of the toilet, he should first make a threshold with cement mortar to block the door of the toilet, and then use a plastic bag to cover the sewage outlet, cover it with a bundle, and then put 2 cm of water into the toilet, and then make an appointment with the owner downstairs for 24 hours to check whether there is water seepage on the ceiling of the toilet.
4. Inspect the drainage pipes and sewage pipes: especially when the sewage outlets such as balconies are accepted, a basin should be filled with water in advance, and then water should be poured into the drainage outlet to see whether the water flow is smooth, and at the same time, it is also necessary to check whether the sewage pipe has a water storage and odor-proof elbow.
5. Whether the ground is level: When checking whether the ground is level, it can be detected by the laser leveler to measure the horizontal error between the ground in the room and the ground in the door, if the error is about 2 cm, it is normal.
6. Check the floor height: use a ruler to measure the yin and yang angles of one of the two walls of the house, if the floor height is about meters, it belongs to the acceptable range, but if the house is lower than meters, it should be carefully considered.
7. Inspection of doors and windows: the key to the acceptance of doors and windows is to check their sealing, and the sealing inspection of the window is the most troublesome, only in heavy rainy days can check the quality of its sealing, but at the same time, it can also be confirmed by checking whether the sealing strip is complete and firm, and the balcony door depends on the level difference between its inside and outside.
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The developer needs to present the original "Completion Acceptance Record Form" to the owner, which must have the signature and official seal of the filing department agreeing to the record.
The developer is required to provide the original "Residential Quality Assurance Certificate" to the owner, and if the developer entrusts a property management company or other unit to be responsible for repairing the quality of the house.
The developer shall provide the original Residential Instruction Manual to the owner, which shall explain the structural performance of the residence and the type and performance standards of each part (component).
The developer shall present the original "Construction Project Quality Identification Certificate" to the owner, which is issued after the experience of the Construction Project Quality and Safety Supervision and Inspection Station (Quality Supervision Station) is qualified.
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Hello, I am a partner lawyer of the platform, and I have received your question and am happy to answer it for you.
When buying a house and inspecting a house, the developer must provide five certificates, two books, and one table." "Five certificates" refers to the "State-owned Land Use Certificate", "Construction Land Planning Permit", "Construction Project Planning Permit", "Construction Project Construction Permit" (Construction Project Commencement Permit), and "Commercial Housing Sales (Pre-sale) Permit". "Two Books" refers to the "Residential Quality Assurance Certificate" and the "Residential Instruction Manual".
"Form 1" refers to the "Residential Completion Acceptance Record Form".
1. Look at the walls and ground of the house: When accepting the house, the buyer needs to check the wall and ground of the house, and pay attention to whether there are hollows and cracks on the wall and ground of the house. Also pay attention to whether the ground of the bathroom and balcony has an inclination, in the case of a certain inclination can help drainage, when checking the ground is mainly to see if there are protrusions on the ground, whether the color is roughly balanced, the smoothness of the ground and so on.
2. Measure the area of the house: the area of the house needs to be re-measured during the inspection, although the developer needs to issue a surveying and mapping report on the measured area, the buyer can also measure it himself, if the actual measured area of the house is inconsistent with the sales area, the two parties can deal with it according to the way of more refund and less compensation, if the error of the house area exceeds 3%, the buyer can ask to check out. 3. Check the water and electricity of the house
When inspecting the house, the buyer needs to check the water and electricity, because whether the water and electricity are normal has a great impact on our daily life, the buyer can take a bucket of water and pour it into each pipe to see if the water can flow away and whether there is any blockage. In addition, you can use an electric pen to check each socket in the room to see if all of them are powered on and whether there is a problem with the switch. 4. Handle the delivery procedures:
If the buyer finds that the facilities of the house are in good condition after inspection, he can go through the house handover procedures, and if he finds that the house is defective, he can ask the developer to rectify the house and inspect the house again. Some developers will require the buyer to go through the handover formalities before conducting a home inspection, and the buyer can refuse the developer's request.
This is the process of inspecting a house, you can refer to it.
This is the process of inspecting a house, you can refer to it.
This is the process of inspecting a house, you can refer to it.
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When the house is handed over to get the key, you should look at the developer's "Commercial Housing Comprehensive Acceptance Certificate", and also read two books: "Commercial Housing Quality Assurance Certificate" and "Commercial Housing Instruction Manual".
Precautions for delivery 1: Check the information.
1. The "Residential Quality Assurance Certificate" of the house (the original stamped copy can be taken away).
2. "Residential Instruction Manual" (the original stamped copy can be taken away).
3. "Completion Acceptance Record Form" (original seal).
4. Area measurement table Measurement details of the measured area of the surveying and mapping unit (can be a copy but there must be a chapter).
5. As-built drawings of pipeline distribution (water, strong electricity, weak electricity, structure) Project completion drawings or construction drawings of the design unit (can be taken away).
6. "Construction Project Quality Certificate".
7. "Comprehensive Acceptance Certificate for Completion of Real Estate Development and Construction Projects".
8. When signing, indicate that "the condition of the building is unknown".
Precautions for delivery 2: building structure.
1. Check the house for cracks.
1) Check the floor and roof of the master bedroom and living room near the terrace for cracks. Cracks parallel to the beams of the room will not hinder use after repair. If the crack is at a 45-degree angle to the corner of the wall or perpendicular to the beam, it means that the house has serious settlement and structural quality problems.
2) Whether there are cracks in the walls on both sides of the balcony, if there is, it is also a serious quality problem. Structural problems in houses often occur on balconies, and if you find a crack in the connection between the room and the balcony, it is likely to be a precursor to a breakage of the balcony.
3) Whether there are cracks in the load-bearing wall, if the cracks penetrate the entire wall and penetrate to the back, there are dangerous hidden dangers.
4) Whether there are cracks in the wall, corner joint, and ceiling.
2. Check the empty drum.
1) Check the ground for cracks in the empty shell. Knock all the ground, especially the footing in a circle. If you hear the sound of empty sound when you tap on each surface, it means that there is a gap between each surface layer and the wall (ground) surface and needs to be reworked; If you hear a dull bumping sound, they are in good contact.
2) Check whether the walls and ceiling slabs are bulging or dented, and knock them with wooden sticks to see if there is any hollow sound.
3. Check the inclination and level.
1) Tie a heavy object to the roof with a string, lower it against the wall to the foot of the wall, and check its inclination from all sides.
2) Visually roughly flat.
3) Check the flatness of the wall. Whether the walls and ceiling slabs are particularly inclined, whether they are bent or waved.
4. Measure the floor height of the room.
The floor height of the building shall be 2 8 meters, the actual height shall not be less than 2 6 meters, the actual height of the floor height of 3 meters shall not be less than 2 75 meters, and the height of the residential floor shall not be less than 2 8 meters.
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