What are the necessary conditions for the developer to hand over the house?

Nowadays, many people buy commercial houses from the developer's side of the purchase, generally off-plan, it takes a long time to deliver, and there are often some disputes when handing over the house, and these disputes are in many cases caused by the developer delivering the house that does not meet the delivery conditions. So what are the conditions for the developer to deliver the house? 1. Qualified by the construction project quality supervision agency.

Commercial housing is generally verified by the district and county construction project quality supervision station, and a written certificate of whether it is qualified is issued. 2. The building to which the residential house belongs must have obtained a residential delivery permit. A residential handover permit is issued by the Municipal or District Housing Development Authority.

Houses that have not obtained permits are not allowed to be delivered, and the public security household registration management department will not handle the household registration procedures. 3. Go through the initial registration procedures of real estate and obtain the real estate certificate of new commercial housing, commonly known as it"Large Birth Certificate"。Actually, as long as you get it"Large Birth Certificate", you have to have.

The conditions set out in Articles 1 and 2. If the developer fails to obtain the "large property certificate", the developer cannot go through the delivery procedures, and if the developer delivers the house to the buyer in advance, the buyer shall refuse to accept it. Many buyers enter the house in advance for decoration when the developer's house does not meet the legal conditions for delivery, and when the delivery period expires, the developer cannot deliver the house that meets the standards agreed in the contract; or the supporting facilities are not in place; or there is a quality problem or a dispute over property rights; Or some fees have not been paid, resulting in the inability to obtain the residential delivery and use permit and the commercial real estate title certificate on time.

At this time, the buyer can only be in a dilemma: check out, a lot of decoration funds, time and energy have been invested; Besides, even if you ask to move out, the buyer cannot ask the developer to compensate for all the economic losses, because the buyer is also at fault and should bear some responsibility for the loss caused by the early renovation. The above is that the developer must meet these conditions before he can deliver the house, here is a friendly reminder:

Don't take the house lightly. Some buyers accept the house when they handle the handover, knowing that the developer does not have the corresponding supporting documents, because they are in a hurry to renovate and move in, which is regarded as delivery in law.

When handing over the house, you should check whether it meets the delivery conditions agreed in the housing sales contract, and the most important thing is to see whether the developer meets the statutory delivery conditions, that is, five certificates, two books and one table. In addition, if the greenery, roads, water, electricity, gas, etc. are not perfect, the owner can also refuse to take over the house.

Many owners are not very clear about the process of handing over the house inspection, resulting in a hurry, and many documents are signed before they have time to look at them, or they are lost after signing, resulting in problems in the later stage of the house and difficulties in rights protection. Therefore, it is important to have a clear grasp of the process first. What are the procedures to prepare before handing over the property?

What is the basic process?

According to the law, the real estate development project can only be delivered after the completion of the experience is qualified. If it has not been accepted or the acceptance is unqualified, it shall not be delivered. That is to say, after the completion of the real estate project, the acceptance of the project by the relevant agency is the most basic condition for delivery.

In addition, the "Regulations on the Quality Management of Construction Projects" also make specific provisions, which stipulate that the completion and acceptance of construction projects shall meet five conditions: (1) complete the construction project design and the contents agreed in the contract; (2) Have complete technical files and construction management materials; (3) There is an approach test report of the main building materials, building accessories and equipment used in the project; (4) There are quality qualification documents signed by survey, design, construction, engineering supervision and other units; (5) There is a project warranty signed by the construction unit. If the construction project experience is qualified, it can be delivered. At the time of acceptance, whether the above conditions meet the standards is generally tested by the "Construction Project Completion Acceptance Record Form" and "Residential Quality Assurance Certificate" issued by the developer.

Of course, during the acceptance, the buyer should also test the quality of the house in the service area, and if the error of the measured area exceeds 3%, the house can be suspended and compensation can be claimed. Legal basis: Article 26 of the Urban Real Estate Management Law stipulates that real estate development projects can be delivered only after they are completed and the experience is qualified.

If it has not been accepted or the acceptance is unqualified, it shall not be delivered. Article 16 of the Regulations on the Quality Management of Construction Projects shall meet the following conditions for the completion and acceptance of construction projects: (1) complete the design of construction projects and the contents agreed in the contract; (2) Have complete technical files and construction management materials; (3) There is an approach test report of the main building materials, building accessories and equipment used in the project; (4) There are quality qualification documents signed by survey, design, construction, engineering supervision and other units; (5) There is a project warranty signed by the construction unit.

If the construction project experience is qualified, it can be delivered.

Receiving the house is a happy thing, but according to the regulations, the developer must meet certain conditions for the delivery of commercial houses, and when it comes to handing over the house, the owners can not be ambiguous, and there are many details that must be paid attention to in the process of delivery! What conditions should be met by the developer for delivery? This article will elaborate on it for you:

The developer must hand over the house under the necessary conditions

Acceptance certificate issued by the administrative organ: 1, planning acceptance certificate, 2, fire protection acceptance certificate, 3, greening acceptance certificate, 4, environmental protection acceptance certificate, 5, health and epidemic prevention acceptance certificate, 6, civil air defense engineering acceptance certificate, 7, garage and road acceptance certificate, 8, safety facilities acceptance certificate, 9, supporting infrastructure and public facilities construction contract performance confirmation, 10, project completion record certificate.

The developer's necessary conditions for handing over the house are two

Acceptance certificate issued by the public utilities department:

1. Post and postal certificate, 2. Acceptance certificate of sanitation facilities, 3. Acceptance certificate of outdoor water supply pipeline, 4. Acceptance certificate of electric power outdoor pipeline, 5. Acceptance certificate of community housing, 6. Acceptance certificate of pipeline gas project, 7. Acceptance certificate of cable TV outdoor pipeline, 8. Acceptance certificate of indoor water supply and sanitary ware, 9. Acceptance certificate of telecommunications outdoor pipeline.

The developer must hand over the house under the necessary conditions three

According to the provisions of Article 136 of the Contract Law, the house area survey and mapping report is the information that the seller must improve to the buyer, otherwise the buyer will not be able to exercise the buyer's rights and perform the buyer's obligations.

The developer must hand over the house under the necessary condition four

1. "Construction Engineering Quality Identification Certificate", 2. "Residential Instruction Manual", "Residential Quality Assurance Certificate", "Comprehensive Acceptance Certificate for the Completion of Real Estate Development and Construction Projects", 4. "Completion Acceptance Record Form" Commercial Housing Sales Contract.

Statutory conditions: 1. The developer shall provide the "Construction Project Completion Record Form", the sub-household acceptance form, the area report measurement report and the indoor environmental inspection report

When a real estate development enterprise delivers a pre-sold commercial house, it shall obtain a record form for the completion and acceptance of the construction project; Obtained the technical report on the measurement of the area of commercial housing; Comply with other delivery conditions agreed in the pre-sale contract.

2. The developer shall provide the "Residential Quality Assurance Certificate" and the "Residential Instruction Manual".

The developer must provide the above two books when delivering the newly built commercial housing for sale. If the developer fails to provide any of the above documents, the owner has the right to refuse to take possession of the property.

Agreed conditions: 1. According to the purchase contract, the developer shall realize the delivery commitment of water supply, power supply, heating, gas, communications, roads, greening and other supporting facilities when handing over the house, otherwise, the owner has the right to refuse to accept the house.

2. Other conditions agreed in the housing contract.

1. What should be paid attention to when buying a house and inspecting the house.

1.Pay attention to whether all kinds of closing materials are complete. When buyers come to the site to collect the house, they must see whether the developer has the following documents:

Completion record form of construction project"; Quality assurance certificate and instruction manual of the house; A report on the measured data of housing area and the shared area issued by a nationally recognized professional surveying and mapping unit.

2.See if the delivery date is overdue. If the delivery is overdue, the handling opinions should be put forward, and according to the developer's reply, it should be decided whether to go to the house to collect the house, and go to the house according to the time agreed on the notice.

3.The house is inspected first and then the formalities are processed.

2. What are the steps for buyers to receive the house?

1. Go to the property department at the specified time to check the information, including: the "Residential Quality Assurance Certificate" of the house; Residential Instruction Manual; "Blind Clearance of Completion Acceptance Record Form"; Area Measurement Report; As-built drawings of pipeline distribution (water, strong electricity, weak electricity, structure); Before grinding.

2. The buyer will inspect the house together with the property, and the inspection standard is based on the Chi Yan agreement of the "Commercial Housing Sales Contract" and relevant laws and regulations, and the scope of the house inspection includes the quality of the house and ancillary facilities, whether the indoor harmful gases exceed the standard and the community environment;

3. The buyer puts forward questions, improvement opinions or solutions to the problems existing in the acceptance, and the property is recognized and signed;

4. After the developer solves the problems in the house inspection within a certain period of time, the developer will issue a delivery notice again;

5. The buyer will inspect the house with the property again, there is no problem, the buyer receives the residential key, signs the "Residential Key Receipt Letter" and "Check-in Handover Form", and the delivery of the commercial house is completed.

Before handing over the property, the developer must have the following documents:

1. The construction of the main project and supporting facilities shall be verified by the planning department, and the supporting documents shall be verified by the ambush and branches, and the main project shall be completed and accepted, and the materials shall be submitted to the construction department for the record and the acceptance certificate shall be obtained.

2. The water supply facilities and equipment in front of the courtyard water supply branch pipe network and the sub-household metering water meter (including the water meter) shall obtain the acceptance certificate issued by the water supply enterprise with allergy.

3. The supporting greening shall be completed according to the requirements, and the acceptance certificate issued by the landscaping department shall be obtained.

4. The power supporting facilities project has obtained the acceptance certificate of the power enterprise.

5. The drainage facilities shall obtain the acceptance certificate issued by the city management department.

6. Acceptance certificate issued by the gas enterprise.

7. The roads, lighting and other supporting facilities of the courtyard have passed the completion acceptance and issued an acceptance report.

8. A pre-property service company has been selected to handle the property inspection procedures.

Article 5 of the Interim Measures for the Administration of the Completion Acceptance of Housing Construction Projects and Municipal Infrastructure Projects, the following documents shall be submitted by the construction unit for the completion and acceptance of the project, a) the project completion acceptance record form;

2) Project completion acceptance report.

3) Approval documents or permission documents issued by laws and administrative regulations that shall be issued by departments such as for regulation and management, public security, fire protection, and environmental protection;

4) The project quality warranty signed by the construction unit;

5) Other documents that must be provided by laws and regulations.

The developer needs to meet the conditions for delivery and use to complete the delivery, which means that the house has the complete function of using according to the nature and purpose of the house, and if there are other requirements in the agreement, it must also be met.

The Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Zhaoqing Law in the Trial of Cases Involving Disputes over Commercial Housing Sales Contracts stipulates that: "The transfer of possession of the house shall be regarded as the delivery of the house, unless otherwise agreed by the parties. The risk of damage or loss of the house shall be borne by the seller before it is delivered for use, and by the buyer of the commercial house after it is delivered for use; If the buyer of the commercial housing receives the seller's written notice of delivery and refuses to accept it without justifiable reasons, the buyer of the commercial housing shall bear the risk of damage or loss of the house from the date of delivery and use determined in the written notice of delivery, unless otherwise provided by law or otherwise agreed by the parties. ”