Is it legal for the developer to settle in the property without completing the completion of the acc

It is illegal for the developer to fail to complete the acceptance and delivery of the house; The property that has not been completed and accepted for the record is settled, and it is legal. The main basis is as follows:

1. Article 16 of the Regulations on the Administration of Urban Real Estate Development and Operation stipulates that "real estate projects developed and constructed by real estate development enterprises shall comply with the provisions of relevant laws and regulations, the quality and safety standards of construction projects, the technical specifications for survey, design and construction of construction projects, and the provisions of the contract"; Article 17 stipulates that "real estate development projects can only be delivered 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 for use"; Article 18 stipulates that "the completion of real estate development projects for residential communities and other groups shall be carried out in accordance with the provisions of Article 17 of these Regulations and the following requirements: (1) the implementation of urban planning and design conditions; (B) the construction of supporting infrastructure and public facilities required by urban planning; (C) the quality acceptance of a single project; (4) The implementation of the demolition and resettlement plan; (5) The implementation of property management".

2. Article 27 of the "Property Management Regulations" stipulates that "the ownership or right to use the common parts of the property and the common facilities and equipment enjoyed by the owner in accordance with the law shall not be disposed of by the construction unit without authorization"; Article 28 stipulates that "when a property management service enterprise undertakes a property, it shall inspect the common parts of the property and the common facilities and equipment".

3. Article 4 of the "Measures for Property Undertaking and Inspection" stipulates that "property service enterprises are encouraged to provide property management suggestions to the construction unit by participating in the design, construction, household acceptance and completion acceptance of construction projects, so as to create favorable conditions for the implementation of property undertaking and inspection"; Article 10 stipulates that "the construction unit shall, 15 days before the delivery of the property, complete the inspection of the common parts of the property and the common facilities and equipment with the selected property service enterprise"; Article 29 stipulates that "property service enterprises shall, within 30 days after the handover of the property, hold the following documents to the district, county (city) real estate administrative department where the property is located for filing procedures: (1) the pre-property service contract; (2) Interim management statutes; (3) The property acceptance inspection agreement; (D) the construction unit to transfer the list of materials; (5) Inspection records; (6) Handover records; (7) Other documents related to undertaking inspections"; Article 30 stipulates that "the construction unit and the property management service enterprise shall inform the owner in writing of the property acceptance inspection and filing".

Make suggestions in accordance with laws and regulations, hope to help friends, please give and like.

Legal, the property must be earlier than the owner moved in, this is the early stage of the property. If the property is not occupied, who will hand over the property host procedures. It is illegal to hand over the house before the completion and acceptance, and it can be refused and refuse to pay the property fee before the date of acceptance.

If the owner is in a hurry to take over the house and move in, it will be deemed that the owner has accepted the developer's delivery of the house without the conditions agreed in the contract, and you can no longer claim liquidated damages from the developer for the late delivery of the house after you move in.

Legal, the property must be before the owner arrives, this is the previous property. The property is not handed over in the real estate industry. It is illegal to deliver the house before the completion acceptance, and the property fee before the completion acceptance can be refused.

If the landlord is in a hurry to accept the occupancy of the house, if the landlord accepts the fact that the developer did not agree on the terms of the contract when delivering the house, you cannot claim liquidated damages from the developer after delivery.

Legally, the property must be entered before the owner. The property is not within the scope of whom's scope to pay for the property reception procedures. It is illegal to deliver the house before the completion acceptance and refuse to pay the real estate fee before the completion acceptance date.

If the owner is in a hurry to close the house and occupy it, it will be considered as a de facto acceptance by the owner that the developer has delivered the house without the terms of the contract, and you cannot ask the developer to pay liquidated damages for late delivery of the house.

Legally, the property must be regulated earlier than the owner, which is the early property. If the property is not occupied, who will handle the formalities for the owner of the house. It is illegal to hand over a home before approval is complete, and you can refuse or refuse to pay the strata fee before the approval date.

If the owner is in a hurry to take over the house and move in, it is deemed that the owner has accepted the delivery from the developer but has not fulfilled the terms of the contract. After the move, you can no longer claim damages from the developer for late delivery.

Unfinished houses are not allowed to be sold by law, and there must be legal procedures to sell houses, and developers should understand the basic truth. The owner can fully protect the legitimate rights and interests of consumers and refuse to accept it, and complain to the ** department. In addition, if you don't go through the handover procedures, you don't get the house, how can you pay the property fee without the house.

Legally, the property must be settled before the owner. This is the earliest house. If the house is unoccupied, who will handle the formalities for the owner of the house.

It is illegal to hand over property before delivery. You can decline and refuse to pay the cost of ownership until the acceptance date. If the owner is in a hurry to take over the house and check in, it is deemed that the owner has accepted the delivery from the developer without complying with the terms of the contract.

After check-in, you can no longer claim for late delivery.

The developer did not receive the application form for acceptance of completion, but began to organize the delivery of the house. The house is functioning. I think that according to the relevant laws and regulations, the house could not be delivered before completion, and the developer did not get the keys.

Do I have to pay a strata fee at this time? This is one of the random cost of ownership phenomena. It has to be stopped, and you don't have to pay any cost of ownership without a key.

Legal Analysis: Illegal. The construction project can only be delivered after the completion experience is qualified; If it has not been accepted or the acceptance is unqualified, it shall not be delivered for use.

Legal basis: Construction Law of the People's Republic of China

Article 59 Construction enterprises must inspect building materials, building components and equipment in accordance with the requirements of engineering design, technical standards for construction and the provisions of the contract, and shall not use those that are unqualified.

Article 61 The construction project delivered for completion and acceptance must meet the prescribed construction project quality standards, have complete engineering technical and economic information and a signed project warranty, and meet the conditions for completion stipulated by the State.

The construction project can only be delivered after the completion experience is qualified; If it has not been accepted or the acceptance is unqualified, it shall not be delivered for use";

Legal analysis: The unfinished acceptance of the community requires the property company to intervene in advance, if this is the decision of the community developer, it is also reasonable, as long as the community is delivered, the owner of the community needs to pay the property fee.

Legal basis: Article 6 of the "Property Management Regulations" The owner of the house is the owner. Owners have the following rights in property management activities:

1) In accordance with the provisions of the property service contract, accept the services provided by the property management service enterprise;

2) Propose to convene a meeting of the general meeting of owners and propose matters related to property management;

3) Propose to formulate and revise the management statute and the rules of procedure of the general meeting of owners;

4) Participate in the meeting of the general meeting of owners and exercise the right to vote;

5) To elect the members of the Owners' Committee and enjoy the right to vote;

6) To supervise the work of the owners' committee;

7) Supervise the performance of property service contracts by property service enterprises;

8) The right to know and supervise the use of the common parts of the property, common facilities and equipment, and related sites;

9) Supervise the management and use of special maintenance funds for common parts of property and common facilities and equipment (hereinafter referred to as special maintenance funds);

10) Other rights provided for by laws and regulations.

Summary. The owner should contact the developer as soon as possible to inquire about the reason and ask for a completion acceptance filing form. If the developer is unable to provide the completion acceptance record form within a reasonable time, the owner may consider filing a complaint with the local real estate authority.

The developer has not delivered the house completion acceptance record form and the owner has received the house, and it has been overdue, what should the owner do?

The owner may contact the developer as soon as possible to inquire about the reason and ask for a completion acceptance filing form. If the developer is unable to provide a filing form for the completion of the project within a reasonable time, the owner may consider filing a complaint with the local real estate authority.

Contact the developer: The owner should first contact the developer to ask for the reason and ask for a completion acceptance filing form. You can communicate with the developer by email, email, fax, etc.

Seek coordination: If the developer says they can cooperate, they can try to negotiate a solution.

Complaints: If the developer cannot provide the completion acceptance record form within a reasonable time, the owner can complain to the local real estate department for help. Legal proceedings or laugh pure:

If none of the above methods are effective, you can consider seeking legal help and filing a lawsuit with the court to protect your legitimate rights and interests. Suggestion: Throughout the process, relevant evidence should be kept so that it can be provided to the relevant authorities and the court as proof when needed.

Yes, according to Article 49 of the Regulations on the Quality Management of Construction Projects: the construction unit shall, within 15 days from the date of completion and acceptance of the construction project, submit the construction project completion acceptance report and the approval documents or permission documents issued by the planning, public security and fire protection, environmental protection and other departments to the construction administrative department or other relevant departments for the record. If the developer fails to issue this form, you can refuse to accept the property, and you can ask the developer to bear the liability for breach of contract for late delivery.

Legal basis] Article 49 of the Regulations on the Quality Management of Construction Projects stipulates that the construction unit shall, within 15 days from the date of completion and acceptance of the construction spine punching project, submit the completion acceptance report of the construction project and the approval documents or permission documents issued by the planning, public security and fire protection, environmental protection and other departments to the construction administrative department or other relevant departments for the record.