The warranty period for the cracking of the wall of the commercial house, who is responsible for the

It is necessary to find out first whether it is the crack of the wall (masonry structure) or the cracking of the wall plaster. If there is a crack in the wall of the load-bearing structure (structural crack), the warranty period is lifelong. If only the wall plaster is cracked, the warranty period is at least 2 years.

Under normal use, the warranty content and warranty period of each part and component are: roof waterproofing for 3 years; Leakage of walls, kitchen and bathroom floors, basements, and pipes for 1 year; The plastering layer of the wall and ceiling falls off for 1 year; Ground hollowing cracking, large-scale sand for 1 year; Cracked doors and windows, damaged hardware and sanitary ware for 1 year; Blocked pipes for 2 months; 6 months for lamps and electrical switches; The warranty period for heating and cooling systems and equipment is one heating period or cooling period; The warranty period of other parts and components shall be agreed upon by both the supplier and the buyer. According to the provisions of the Real Estate Law, a real estate development enterprise shall provide the purchaser with the Residential Quality Assurance Certificate and the Residential Instruction Manual when the commercial housing is delivered for use.

The former is the legal document of the quality responsibility of the commercial housing, which shall specify the quality level, warranty scope, warranty period and warranty unit verified by the engineering quality supervision unit. The residential warranty period is calculated from the date on which the developer delivers the completed and accepted residential property. If the entire commercial building is purchased, its foundation and main structure shall bear the warranty within a reasonable service life.

What is the warranty period for wall cracking, how many years?

The former is the legal document of the quality responsibility of the commercial housing, which shall specify the quality level, warranty scope, warranty period and warranty unit verified by the engineering quality supervision unit. The residential warranty period is calculated from the date on which the developer delivers the completed and accepted residential property. If the entire commercial building is purchased, its foundation and main structure shall bear the warranty within a reasonable service life.

Under normal use, the warranty content and warranty period of each part and component are: roof waterproofing for 3 years; Leakage of walls, kitchen and bathroom floors, basements, and pipes for 1 year; The plastering layer of the wall and ceiling falls off for 1 year; Ground hollowing cracking, large-scale sand for 1 year; Cracked doors and windows, damaged hardware and sanitary ware for 1 year; Blocked pipes for 2 months; 6 months for lamps and electrical switches; The warranty period for heating and cooling systems and equipment is one heating period or cooling period; The warranty period of other parts and components shall be agreed upon by both the supplier and the buyer.

To sum up, the warranty period for cracking the wall of the commercial house is lifelong, and the compensation is reasonable to protect its own interests.

Legal basis: Article 33 of the Administrative Measures for the Sales of Commodity Housing 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. 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 construction unit; 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.

If the cracking of the wall of the commercial house is caused by improper construction, then the developer shall bear the warranty liability within 2-3 years after delivery. If the cracking of the wall of the commercial house is caused by the construction quality problem, then the developer shall bear the warranty liability within **lifetime**. If the cracking of the wall of the commercial house is caused by the cracking of the wall plastering, the warranty period is **2 years**.

1. Who is responsible for the cracking of the wall of the commercial house.

1. The developer is responsible for the cracking of the wall of the commercial house. Because there are cracks in the wall, it is generally caused by improper construction by the developer. Therefore, the developer can be required to repair the wall and compensate for the corresponding losses.

If the cracking of the house is severe, you can ask the developer to move out and compensate for liquidated damages. If the developer is not liable, he can sue the court to demand compensation from the developer.

2. Legal basis: Article 9 of the Interpretation on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Commercial Housing Sales Contracts.

If the buyer requests to terminate the contract and compensate for losses if the quality of the main structure of the house is unsatisfactory because the quality of the main structure of the house is unqualified, or if the quality of the main structure of the house is verified to be unsatisfactory after the house is delivered for use, it shall be supported.

2. What are the reasons for the appearance of cracks in the wall?

1. Cracks in the cement stucco layer. This kind of cracking is often the ratio of cement and yellow sand when the wall should be powdered, many hydraulic enterprises reduce the amount of cement, the result is the cracking of the cement mortar stucco layer, and lead to the cracking of the latex paint;

2. Temperature cracks. For the masonry structure, the floor and the masonry are mutually constrained, and in the case of constraints, if the external temperature changes, the temperature deformation between the floor and the masonry is not coordinated, and the masonry will produce temperature stress. There is a limit value of tensile and shear strength in masonry itself, and when the temperature stress exceeds this limit, the masonry will produce temperature cracks;

3. Cracks in latex paint. cracks in the paint film on the surface;

4. Structural cracks. Expansion joints between structural walls and brick walls extend to the surface of the wall, and these cracks can also manifest as cracks formed by latex paint. If this kind of crack occurs, you should find a professional building structure personnel to take corresponding measures according to the actual situation.

5. Cracking of the putty layer. This crack is the slightest crack and is often caused by the putty layer being too thick or too thin.

If the load-bearing structural wall cracks (structural cracks), the warranty period is lifelong. If only the wall plaster is cracked, the warranty period is at least 2 years.

The defect liability period shall be calculated from the date when the project passes the completion (delivery) acceptance. If the project cannot be completed (delivered) and accepted within the prescribed time limit due to the reasons of the contractor, the defect liability period shall be counted from the date of actual completion (delivery) acceptance.

If the project cannot be completed (delivered) for acceptance within the specified time limit due to reasons attributable to the employer, the project shall automatically enter the liability period for lack of compensation 90 days after the contractor submits the completion (delivery) acceptance report.

Interpretation of the Supreme People's Court on Issues Concerning the Application of Law in the Trial of Construction Contracts

1. The construction unit shall be responsible for repairing and bearing economic responsibility for the quality defects caused by the construction unit not in accordance with the relevant standards, specifications and design requirements of the same family.

2. The construction unit shall be responsible for the maintenance of the quality defects caused by the design problems, and its economic responsibility shall be claimed from the design unit through the construction unit in accordance with the relevant regulations.

3. The construction unit shall be responsible for the maintenance of the quality defects caused by the unqualified quality of building materials, structural parts and equipment, and the economic responsibility shall be borne by the construction unit if it is purchased by the construction unit or agreed by its acceptance; If it is procured by the construction unit, the construction unit shall bear the economic responsibility.

For the warranty period of the construction project, in principle, as long as the warranty period has passed, the construction unit (the person responsible for the warranty of the commercial housing is the developer) is no longer responsible. But there are two cases that are not in the column.

The first is that the damaged part has a problem within the warranty period, and it has not been completely repaired after the warranty period. In this case, although the warranty period has passed, the problem lies within the warranty period, and according to the regulations, this itself is the responsibility of the construction unit (including the developer), and the construction unit and the developer must be responsible for repair.

The second case is the quality of continuity. This refers to the continuous occurrence of a certain problem, such as the shelling of the exterior wall paint (the subject ** shows such a problem), and the problem of the exterior wall paint peeling off begins to occur at the time of delivery, and then it has been repaired, and the problem of shelling and falling off has been uninterrupted. It shows that there is a quality problem in such exterior wall paint, and it has not been completely repaired, that is to say, this problem has existed since the beginning, and the essence is still an old problem, fundamentally speaking, the developer should fulfill the warranty responsibility.

The shelf life should be a warranty.

For the developer's reasons, you can inquire which department to go to to appeal.

It is recommended to consult a senior lawyer for this kind of professional rights protection problem, and they will give you some authoritative explanations and solutions.

Look at the location of the crack to decide:

1. If the cracks on the wall are reticulated, they are mostly caused by the change of dry and wet shrinkage of the material, which is a normal situation. If the crack in the wall is vertical along the corner of the window, it is caused by the thermal expansion and contraction of the temperature, which is also normal.

2. However, if the cracks are caused by uneven foundations, most of the cracks may even cause fractures, or structural cracks, such as vertical cracks in walls and columns, and transverse cracks in stress bars, which are abnormal and will affect the safety of the house.

It is necessary to find a professional appraisal company to do a detailed inspection of the cracks in the house, see the main problems of the cracks, and finally make corresponding solutions according to the problems.

Tips: Suggested handling methods.

1. It may be that the foundation of the wall is not firm enough, which causes the uneven sinking of the building, and then makes the bearing capacity of the wall relatively large. It is also possible that the operation is not in place during construction, for example, when scraping putty, the second coat is applied without waiting for the first putty to dry, resulting in a problem with the inner layer, thus causing cracking. Or when buying materials, the developer chose an inferior product, so the effect will be poor.

2. It is also possible that the construction personnel cut corners during construction, resulting in poor results in their own work, or the protective measures in daily life are not in place, such as not often opening the doors and windows for ventilation when the weather is good, or when it is rainy, if you find that the water droplets seeping out of the wall are not erased in time, it will lead to aging of the wall after a long time.

Legal analysis: First of all, when you find that there are cracks in your house, you should ask a professional department to conduct an appraisal. Secondly, according to the results of the appraisal, find out your right to make a claim, whether to ask for repair or check out.

Check-out must meet one of the following two conditions: First, the quality of the main structure of the house is unqualified. Second, due to the quality of the house, the normal residential use is seriously affected.

Legal basis: "Regulations on the Quality Management of Construction Projects" Article 40 Under normal use conditions, the minimum warranty period of construction projects is: infrastructure projects, foundation works and main structure projects of housing construction, which is 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 is calculated from now after the completion and acceptance.