Who should be in charge of the quality of the building?

Due to the quality problems caused by construction quality defects are not subject to the warranty period, your cracks should be the main quality problems, and the main structure should be the reasonable service life (50 years) specified in the design documents, you can complain to the local construction project quality supervision station, or you can go to the local construction committee to complain.

According to the "Regulations on the Quality Management of Construction Projects", the warranty period of general commercial housing is stipulated as follows:

1. The warranty period of foundation engineering and main structure engineering is the reasonable service life of the drawing design. (generally not less than 50 years);

2. The leakage prevention of roof waterproofing projects, toilets, rooms and external walls with waterproof requirements is 5 years;

3. 2 years for decoration and decoration projects, electrical pipeline projects, water supply and drainage pipelines, and equipment installation projects;

As mentioned above, cracks in the concrete slab surface should belong to the main structure problem. The developer shall unconditionally provide repairs and compensate the owner for the losses caused thereby.

1. The real estate developer is the first responsible person for the quality of the commercial housing that has been completed and delivered and is within the warranty period, and is fully responsible for the quality of the commercial housing developed and constructed. If there is a complaint about the quality of commercial housing during the warranty period, the real estate development enterprise shall, within five working days from the date of receipt of the complaint, organize the design, supervision, construction and other relevant responsible parties to verify the problem on site, clarify the responsibility, and solve the quality problem. If the real estate development enterprise refuses to bear the responsibility after confirmation by the management department, the management department shall suspend the procedures for its construction or other development projects.

2. If the purchased commercial house seriously affects the normal residential use due to quality problems, the court shall support the buyer's request to terminate the housing sales contract and compensate for losses.

3. At the same time, if there are quality problems in the delivered houses, the real estate development enterprise shall bear the responsibility for repairing them during the warranty period; If the real estate development enterprise refuses to make repairs or delays the repairs within a reasonable period of time, the buyers may make repairs on their own or by entrusting others to do so. The cost of restoration and other losses caused during the repair period shall be borne by the real estate development enterprise.

Where the main structure of the house cannot be delivered for use because the quality of the main structure of the house is not up to standard, or the quality of the main structure of the house is found to be unqualified after the house is delivered for use, and the buyer requests to terminate the contract and compensate for losses, the people's court shall also support it.

Legal analysis: the quality of the house should be determined whether it is within the housing quality warranty period, the quality of the house during the warranty period can be complained to the local quality inspection station, the quality of the problem should be solved through negotiation with the developer first, and reported to the Construction and Transportation Commission, the Planning Bureau and other relevant departments for testing, filing, quality assessment should find a professional organization.

Legal basis: Article 801 of the Civil Code of the People's Republic of China If the quality of the construction project does not conform to the agreement due to the reasons of the constructor, the employer has the right to request the constructor to repair, rework or reconstruct it free of charge within a reasonable period of time. After repair, rework or reconstruction, if the delivery is overdue, the constructor shall bear the liability for breach of contract.

Legal Analysis: Housing Quality Administrative Authority: Housing and Urban-Rural Development Bureau.

Legal basis: "Measures for the Administration of the Sales of Commodity Housing" Article 35 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-verify 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 move out; If losses are caused to the buyer, the real estate development enterprise shall be liable for compensation in accordance with law.

Article 31 of the Regulations on the Administration 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 may apply to the project quality supervision unit for re-verification.

The quality of commercial housing is managed by the local housing and urban-rural development bureau, or it can file a lawsuit with the consumer association. You can also negotiate with the developer.

Legal analysis: If there is a quality problem in the quality inspection department, the quality inspection department should first determine whether it is within the housing quality warranty period, negotiate and communicate with the developer, and report to the Construction and Transportation Commission, the Planning Bureau and other relevant departments for testing and filing, and the quality assessment should find a professional organization.

Legal basis: Civil Code of the People's Republic of China

Article 800 Where the quality of the survey or design does not meet the requirements or the survey or design documents are not submitted within the time limit and the construction period is delayed, resulting in losses to the employer, the surveyor or designer shall continue to improve the survey and design, reduce or waive the survey and design fees, and compensate for the losses.

Article 801 If the quality of the construction project does not conform to the agreement due to the reasons of the constructor, the employer has the right to request the constructor to repair, rework or reconstruct it free of charge within a reasonable period of time. If the delivery is overdue, the constructor shall bear the liability for breach of contract if the delivery is overdue.

If there is a quality problem in the building and the warranty period has not expired, you can contact the quality inspection station. At the same time, you can contact the developer and ask for the responsibility for the repair. If the warranty period has expired, you can contact the property and use special maintenance** for maintenance in accordance with the prescribed procedures.

Article 13 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Commercial Housing Sales Contracts stipulates that if the buyer's request to terminate the contract and compensate for losses is seriously affected by the quality of the house, it shall be supported. If there is a quality problem in the house delivered for use, the seller shall bear the responsibility for repairing it during the warranty period; If the seller refuses to make repairs or delays the repairs within a reasonable period of time, the buyer may make repairs on its own or by entrusting others to do so. The seller shall bear the cost of repair and other losses caused during the repair period.

1. Who is responsible for the leakage of the roof of the commercial house.

If the roof of the commercial house is leaking, if it is caused by quality problems, the warranty period has not expired, and the developer is responsible. If there are other circumstances, the responsible person shall be determined according to the actual situation and in combination with the provisions of the law.

Paragraph 4 of the Administrative Measures for the Sales of Commodity Housing stipulates that if the quality problems that occur within the warranty period and fall within the scope of the warranty, the real estate development enterprise shall fulfill the warranty obligation and bear the liability for compensation for the losses caused. The real estate development enterprise shall not be liable for the damage caused by force majeure or improper use.

Paragraph 2 of Article 13 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Commercial Housing Sales Contracts stipulates that if there are quality problems in the houses delivered for use, the seller shall bear the responsibility for repairing them during the warranty period; If the seller refuses to make repairs or delays the repairs within a reasonable period of time, the buyer may make repairs on its own or by entrusting others to do so. The cost of the repair and other losses caused during the repair period shall be borne by the seller of the cong fiber.

Second, how to protect the rights and interests if there is a problem with the quality of the house.

If the quality of the house seriously affects the normal residential use, the buyer may request to terminate the contract and compensate for the loss. If there is a quality problem in the house delivered for use, the seller shall bear the responsibility for repairing it during the warranty period; If the seller refuses to make repairs or delays the repairs within a reasonable period of time, the buyer may make repairs on its own or by entrusting others to do so. The seller shall bear the cost of repair and other losses caused during the repair period.

Article 13 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Contracts for the Sale and Purchase of Commercial Housing ("Buyer's request to terminate the contract" and compensate for losses shall be supported if the quality of the house seriously affects the normal residential use. If there is a quality problem in the house delivered for use, the seller shall bear the responsibility for repairing it during the warranty period; If the seller refuses to make repairs or delays the repairs within a reasonable period of time, the buyer may make repairs on its own or by entrusting others to do so. The seller shall bear the cost of repair and other losses caused during the repair period.

Legal analysis: Refer to the real estate management department, consumer association or other organizational departments for building quality problems. The buyer can refer to the purchase contract, and request the developer to repair and compensate for losses according to the terms of the contract against the quality problems of the house in accordance with the provisions of the contract; If the main structure of the house cannot be delivered for use due to the unqualified quality, or the quality of the house is indeed unqualified after the delivery and use of the house, the buyer can check out.

Legal basis: Civil Code of the People's Republic of China

Article 617:Where the subject matter delivered by the seller does not meet the quality requirements, the buyer may claim liability for breach of contract in accordance with the provisions of Articles 582 to 584 of this Law.

Article 800 If the quality of the survey or design does not meet the requirements or the survey and design documents are not submitted within the time limit and the construction period is delayed, resulting in losses to the employer, the surveyor or designer shall continue to improve the survey and design, reduce or waive the survey and design fees and compensate for the losses.