If there is a problem after the delivery and acceptance of the new house, is the developer still res

After the delivery and acceptance of the new house, if there is a problem with the quality of the house, because it is within the warranty period of the house, the developer should be responsible for repair. If the damage to the house is due to the owner's private decoration, the relevant responsibility shall be borne by the owner.

The warranty period for the house stipulated by the state is:

1) Article 33 of the Measures for the Administration of Commodity Housing Sales of the Ministry of Construction: "Real estate development enterprises shall bear the responsibility for the quality warranty of the commercial houses sold. The parties shall make an agreement on the scope of the warranty, the warranty period, the warranty liability, etc. in the contract.

The warranty period is calculated from the date of delivery. ”

2) Regarding the length of the warranty period, according to Article 33 of the Administrative Measures for the Sales of Commodity Housing: "The warranty period of commercial housing shall not be less than the duration of the warranty period agreed in the quality warranty issued by the construction project contractor to the real estate developer; If the duration is less than the minimum warranty period determined in the Provisions, the warranty period shall not be lower than the minimum warranty period determined in the Provisions. Therefore, the real estate developer has the warranty responsibility to the buyer, but it is the construction project contractor that actually undertakes the warranty work, and the warranty period is based on the time promised by the construction project contractor to the real estate developer.

The "Provisions" mentioned in this article are the "Provisions on the Implementation of the Residential Quality Assurance Certificate and Residential Instruction Manual System for Commercial Housing" indicated in Article 32 of the "Administrative Measures for the Sales of Commodity Housing", and Article 6 of the "Provisions" states: "If the state has other provisions on the warranty period for the quality of residential projects, the warranty period shall be implemented in accordance with the provisions of the state." ”

3) According to Article 40 of the "Regulations on the Quality Management of Construction Projects", the minimum warranty period of the construction project under normal use conditions is:

a. Infrastructure works, foundation works and main structure works of housing construction, which is the reasonable service life of the project as specified in the design documents (note: this period may reach the service life of the building);

b. 5 years for roof waterproofing works, toilets with waterproof requirements, leakage prevention of rooms and external walls;

c. Heating and cooling system, which is two heating periods and cooling periods;

d 2 years for installation and decoration of electrical pipelines, water supply and drainage pipelines, equipment;

e. The warranty period for other items shall be agreed between the employer and the contractor;

f The warranty period of the construction project shall be calculated from the date of acceptance of the completion of the project.

This depends on the specific situation, the problem is in the **, more than a small one.

Minor problems were dealt with. For major quality problems, the developer coordinates with the construction unit to carry out maintenance.

Responsible for repairs during the warranty period.

As long as the house warranty period, the developer has the responsibility and obligation to repair the wall problem, of course, if you feel that the developer can't repair it well, you can repair it yourself.

Attention to the problem of closing the house:

1. All kinds of receiving information should be complete

When the owner goes to the site to collect the house, he must see whether the developer has the following documents: first, the "Construction Project Completion Record Form", second, the quality assurance certificate and instruction manual of the house, and the third is the report on the measured data and shared area of the housing area issued by the state-recognized professional surveying and mapping unit. At the same time, the owner should check whether the conditions of the house are different from the agreement in the purchase contract.

If the developer fails to provide these documents, the owner should refuse to take possession of the property.

2. Jointly accept the new house with the developer

Be sure to accept the new house together with the developer, note the problem in person, and agree in writing on the time and responsibility of the developer to solve the problem. It is best to carry out the acceptance and handover work with the developer when receiving the house, mainly including whether the structural design of the delivered house is consistent with the original drawing, whether the quality of the house and the doors and windows are the same as agreed in the contract, whether the supporting facilities such as water and electricity are in place according to the contract, and whether the other projects agreed in the purchase contract meet the requirements. Experts reminded that it is necessary to agree on the time and responsibility for solving the problem in the delivery commitment, and finally, ask the developer for a separate "two books" (quality assurance certificate and instruction manual) and the water pipeline diagram of the house after completion, and then receive the key after paying the final payment.

3. "Keep a hand" when signing the house documents

When some communities hand over the house, the developer requires the owner to pay some supporting fees before allowing the owner to enter the new house to view. Experts suggest that when signing the contract, it should be agreed that "when handing over the house, the house should be inspected first and then the house should be signed." If there is no such agreement in the original contract, you can take a workaround and indicate the words "the situation in the house has not been seen" or "the house has not been inspected" in the repossession document, so as to protect your rights and interests in case of any situation in the house inspection.

4. Carefully check the "Record Form":

According to the regulations, each item on the "Completion Acceptance Record Form" must be reported to the competent department for the record, but some developers use one "Record Form" to deal with all projects. When the owner receives the house, he should not simply look at whether there is a "Completion Acceptance Record Form", but should carefully check whether the purchased house is within the scope of the table, and whether all the items in the table are on file.

5. The uncollected house should not be paid in advance

Some property management companies in some communities will require the owner to pay a one-year property management fee before the owner takes possession of the house. Experts caution that the owner can refuse this request. According to the regulations, the owner only signs a service agreement with the property management company after receiving the house before he can pay, and the owner has not yet inspected the house, and has not yet enjoyed the property service at this time, so he should not pay in advance.

6. Pay attention to whether there is an area error

In the purchase and sale of commercial housing, the construction area and the apportioned common construction area shall be indicated in the contract, and the treatment method for the discrepancy between the measured area (property right registration area) at the time of delivery of the house and the area agreed in the contract shall be noted, so as to ensure that once the area error occurs, it can be solved in accordance with the contract.

7. Another is the quality problem in the house, if you don't understand, you can find a regular company to help inspect the house.

Definitely the developer, because it has not passed the expiration date.

If the developer does not issue the "Completion Acceptance Record Form" and the house has quality problems, the owner can refuse to accept the house.

Related documents. The "Residential Quality Assurance Certificate" is a legal document for the developer to assume responsibility for the quality of the commercial housing sold, which can be used as a supplementary agreement to the pre-contract of commercial housing and has the same effect as the contract.

China's real estate regulations stipulate that real estate development enterprises shall provide the purchaser with the "Residential Quality Assurance Certificate" and the "Residential Instruction Manual" when the commercial housing is delivered for use. The project quality assurance certificate is a legal document for the real estate development enterprise to assume responsibility for the quality of the commercial housing sold, which shall specify the quality level, warranty scope, warranty period and warranty unit verified by the project quality supervision unit. The developer shall bear the warranty liability in accordance with the provisions of the "Residential Quality Assurance Certificate".

The warranty period of commercial housing is calculated from the date when the developer delivers the completed and accepted housing. The specific warranty period and warranty scope in the engineering quality assurance certificate are: the foundation and the main structure within a reasonable service life; 3 years for roof waterproofing; 1 year for walls, kitchen and bathroom floors.

The "Residential Quality Assurance Certificate" generally stipulates that basement and pipeline leakage is 1 year; The plastering layer of the wall and ceiling falls off for 1 year; 1 year for ground hollowing and cracking, and large-scale sanding; 1 year for cracks in doors and windows, damage to hardware and sanitary ware; 6 months for the damage of lamps and electrical switches; 2 months for pipe blockage; The heating and cooling system equipment is a heating period or cooling period; The warranty period of other parts and components shall be agreed by the buyer and the seller and shall be written in the project quality assurance certificate.

If there is a quality problem in the house during the warranty period, if the use function of the house is affected after the maintenance of the warranty unit, or the loss is caused to the purchaser due to the unqualified quality of the main structure, the developer shall be liable for compensation according to the project quality assurance certificate. If the purchaser believes that the quality of the main structure is unqualified, it can apply to the engineering quality supervision unit indicated in the "Residential Quality Assurance" for re-inspection, and if it is found to be unqualified after verification, the purchaser has the right to move out.

The residential quality assurance certificate is a written document that the real estate developer makes a commitment to the purchaser for the quality of the house when the newly built house is given to the buyer, and has legal effect.

Of course, if you don't take over the building, he will resolutely refuse to accept it without issuing documents, and the responsibility during this period belongs to the developer, so don't worry. Don't sign it easily, you must wait until it's completely fine, that is, repair it until you are satisfied before signing

It is completely possible to refuse to accept the house, and if the problem has not been resolved by the 31st, delaying the delivery time of the contract, you can ask the developer to pay liquidated damages, and if you do not give it to you, you can solve it through legal means.

There are provisions in the property law, and you can consult a lawyer for details.

The state stipulates that the developer does not have the conditions for delivery, such as: "three books, two tables, one certificate, one drawing": "Completion Acceptance Record Form", "Area Measurement Table", "Residential Instruction Manual", "Residential Quality Assurance Certificate", "Real Estate Development and Construction Project Completion Acceptance Certificate", "Construction Engineering Quality Certificate", and pipeline distribution completion drawing.

In other words, if the developer does not have any of the above documents, the owner has the right to refuse to accept them. Since the developer is not even enough to hand over the house, how can the owner default on the house?

If there is a quality problem in the house, you can refuse to accept and deliver the house, and there will be no liability for breach of contract, but if the developer is a little bullish, it will ask you for the property management fee from the day of delivery: (

If the wall is cracked.

In cases where it is not man-made or natural disasters.

The developer should be fully responsible.

Of course, cracks in the walls.

It depends on the size.

If it's the tiny kind, or the 1mm kind.

You can ask the contractor to repair it.

If it is more than centimeters.

Then I guess I can check out.

Because it's not a quality issue anymore.

This is already a quality accident.

Second, the word of transfer.

It is said that the transfer fee will exceed 20% within five years

I've only heard about it, hehe.

First, the quality of the main structure of the house.

According to Article 32 of the Regulations on the Management of Urban Real Estate Development and Operation, after the delivery of the commercial house, if the purchaser believes that the quality of the main structure is unqualified, it can apply to the project quality supervision unit for re-inspection. After verification, if the quality of the main structure is unqualified, the purchaser has the right to check out; If losses are caused to the purchaser, the real estate development enterprise shall be liable for compensation in accordance with the law.

Article 35 of the Administrative Measures for the Sales of Commodity Housing stipulates that after the delivery of the commercial housing, if the buyer believes that the quality of the main structure is unqualified, it may entrust the engineering quality inspection agency to re-inspect it in accordance with the relevant regulations. If the quality of the main structure is found to be unsatisfactory after verification, the buyer has the right to request to move out; If losses are caused to the buyer, the real estate development enterprise shall be liable for compensation in accordance with law.

Second, the quality of the main structure of the non-house.

In case of non-main structural problems such as waterproofing of the house, if the two parties have a special agreement in the purchase contract, the agreement shall be implemented; If there is no special agreement between the parties in the purchase contract, the buyer should negotiate with the developer to settle the matter, but generally the developer will not agree to move out. In the event of such problems, such as within the statutory warranty period and scope, the developer shall bear the responsibility for quality warranty in accordance with the law, and if it exceeds the statutory warranty scope and period, paid maintenance shall be implemented. Among them, the cost of overhaul, renewal and renovation of the common parts of the house and the common facilities and equipment shall be paid from the public maintenance**; If it belongs to the buyer's own use of the parts and equipment, the owner shall bear the cost.

If the developer fails to perform the warranty obligation in time during the statutory warranty period, the buyer has the right to require the developer to bear all the economic losses caused to the buyer.

Generally speaking, after the delivery of commercial housing, it is rare for quality problems to occur in the main structure of the house, and a large number of non-main structure problems occur. Therefore, it is recommended that buyers should pay attention to the provisions on the quality of the house when signing the purchase contract, and pay attention to the relevant housing quality warranty agreement, warranty period and warranty scope in the "Residential Quality Assurance Certificate" issued by the developer at the time of repossession.

If it is a quality problem of the waterproofing project of the house, including water seepage on the exterior wall, roof leakage, etc., you can check out. If it is a problem of other problems, within the scope of maintenance, it is generally not allowed to check out, unless the developer agrees to check out.

1. If the commercial housing provided by the developer is qualified after completion acceptance, but there are quality defects and it is within the warranty period, the buyer can require the developer to bear the responsibility for repair, and if the loss is caused to the buyer, he can claim compensation for the corresponding loss. 2. If the commercial housing provided by the developer has not been completed and accepted, the buyer can refuse to accept the house, and if the delivery of the house is delayed, the developer can be required to bear the liability for breach of contract for the delay in delivery, and if the conditions for moving out are met, the buyer can check out. 3. If the housing experience is not qualified, the buyer can not only refuse to accept the house, but also demand the termination of the contract and compensation for losses.

4. After the house is delivered, if it is found that the quality of the foundation or main structure of the house is unqualified, the buyer can terminate the contract and have the right to claim compensation from the developer. 5. Although the house is qualified and delivered for use, but there are quality problems in the house, which seriously affect the normal residential use, the buyer has the right to terminate the contract and has the right to request the developer to compensate for the loss. 6. After the house is delivered, if there is a quality problem in the house during the warranty period, the buyer can ask the developer to bear the warranty responsibility.

If the developer refuses to repair or delays the repair within a reasonable period of time, the buyer can entrust others to repair the repair, and the cost shall be borne by the developer.