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In view of the special properties of the house, in order to safeguard the legitimate rights and interests of buyers, the state has made special regulations on the quality of housing, requiring the developer to build a house that must meet a certain standard, and requiring the developer to bear a certain period of warranty liability.
If the developer entrusts the property management company and other units to be responsible for the warranty, the entrusted unit must be clearly stated in the "Residential Quality Assurance Certificate" to ensure that the rights and interests of buyers are actually protected.
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The Residential Quality Assurance Certificate is a legal document in which the developer bears responsibility for the quality of the commercial housing sold, which can be used as a supplementary agreement to the pre-sale contract of commercial housing and has the same effect as the contract. Article 30 of the Regulations on the Administration of Urban Real Estate Development and Operation stipulates that a real estate development enterprise shall provide the purchaser with a residential quality assurance certificate and a 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 be liable for the warranty 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; The roof waterproofing is three years; one year for walls, kitchens and bathroom floors; If there is a quality problem in the house during the warranty period, such as the use of the house is affected after the maintenance of the warranty unit, or the loss is caused to the purchaser because of the unqualified quality of the main structure, the developer shall bear the liability for compensation according to the project quality assurance certificate.
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Legal analysis: The residential quality assurance certificate is a written document promised by the real estate developer to the buyer when he builds a new house, and has legal effect. The main purpose of formulating the "Quality Assurance Certificate" is to strengthen the quality management of commercial housing, ensure the quality and level of after-sales service of commercial housing, and safeguard the legitimate rights and interests of consumers of commercial housing.
Residential quality assurance includes the quality level approved by the engineering quality supervision department, the time limit for warranty and treatment of the foundation and main structure within the reasonable service life, and the warranty content and warranty period of various parts and components for normal use.
Legal basis: Regulations on the Quality Management of Construction Projects
Article 39 When the construction project contractor submits the project completion acceptance report to the construction unit, it shall issue a quality warranty certificate to the construction unit. The warranty certificate, the warranty scope, warranty period and warranty responsibility of the construction project shall be clearly stated.
Article 40 Under normal use conditions, the minimum warranty period of a construction project is: infrastructure engineering, foundation engineering and main structure engineering of housing construction, and the reasonable service life of the project as specified in the design documents; 5 years for roof waterproofing works, toilets with waterproof requirements, leakage prevention of rooms and exterior walls; Heating and cooling system, for 2 heating periods and cooling periods; 2 years for electrical pipelines, water supply and drainage pipes, equipment installation and decoration works. The warranty period for other items shall be agreed between the employer and the contractor.
The warranty period of the construction project shall be calculated from the date of acceptance of the completion of the project.
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When buyers hand over the house after buying a house, the developer will generally provide the "Residential Quality Assurance Certificate" and the "Residential Instruction Manual", but many owners ignore these two contents.
The "Residential Quality Assurance Certificate" is a written document that the real estate developer promises to the purchaser for the quality of the newly built house when it gives the newly built house to the purchaser, which has legal effect. The main purpose of formulating the "Quality Assurance Certificate" is to strengthen the quality management of commercial housing, ensure the quality and level of after-sales service of commercial housing, and safeguard the legitimate rights and interests of consumers of commercial housing.
The contents of the residential quality assurance certificate.
1. The quality of the engineering quality supervision department is verified;
2. The foundation and main structure shall bear the warranty within a reasonable service life;
3. The warranty content and warranty period of each part and component under normal use;
4. The unit of the user's repair, the time limit for reply and processing.
The warranty period of point 3 is as follows:
The warranty period is calculated from the date on which the Kaizheng distributor delivers the completed and accepted house. 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;
1. The general warranty period for roof waterproofing is 3-5 years; (The developer should do a closed water test when handing over the house, the water storage depth of the water storage test should not be less than 20mm, the water storage height should generally be 30-40mm, and the water storage time should not be less than 48 hours; It is best to do it within the time agreed by the developer)
2. 1-2 years for walls, kitchens and bathroom floors;
3. It is generally agreed that the leakage of basement and undrafted pipes is 1 year;
4. The plastering layer of the wall and ceiling falls off for 1-2 years;
5. It takes 1-2 years for the ground to crack and sand in a large area; (It must be tested when handing over the house, and under normal circumstances, the developer will reserve a group of construction personnel when handing over the house, which is the best time to repair, so as not to shirk without restriction after the property is taken over in the later stage).
6. Cracks in doors and windows, damage to hardware and sanitary ware for 1 year; (Remember to check whether the doors and windows are broken or damaged when handing over the room).
7. The damage of lamps and electrical switches is 6 months;
8. Pipeline blockage is 2 months;
9. 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.
Residential Instruction Manual shall explain the structure, performance and type, performance, and standards of each part (component) of the residence, and put forward precautions for use, generally including the following: development unit, design unit, construction unit, entrusted supervision should indicate the supervision unit; 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.
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Residential quality assurance includes: the quality level approved by the engineering quality supervision department and the early, the time limit for warranty and treatment of the foundation and main structure within the reasonable service life, the warranty content and warranty period of various parts and components in normal use, etc. The residential quality assurance certificate generally refers to the written document promised to the buyer when the real estate developer builds a new house to the buyer, which has legal effect.
The purpose of formulating the quality assurance certificate is to strengthen the quality management of commercial housing, ensure the quality and level of after-sales service of commercial housing, and safeguard the legitimate rights and interests of consumers of commercial housing.
[Legal basis].
Regulations of the People's Republic of China on the Quality Management of Construction Projects》 Article 39 When the construction project contractor submits the project completion acceptance report to the construction unit, it shall issue a quality warranty to the construction unit. The quality warranty shall specify the warranty scope, warranty period and warranty responsibility of the construction project.
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