The house has five certificates and has been delivered, but why not acceptance?

On the contrary, if both parties continue to perform the contract, the amount of liquidated damages is in principle 1/10,000 of the payment made.

According to the Civil Code.

Article 590: Force majeure on one of the parties.

If the contract cannot be performed, the liability shall be partially or fully exempted according to the impact of force majeure.

Except as otherwise provided by law. If the contract cannot be performed due to force majeure, the other party shall be notified in a timely manner to mitigate the losses that may be caused to the other party, and proof shall be provided within a reasonable period of time. If force majeure occurs after the party delays performance, it shall not be exempted from liability for breach of contract.

If the occurrence of force majeure has a significant impact on the normal delivery of the house, causing the seller to delay the delivery of the house, the seller may be exempted from liability in part or in whole for this. However, the seller shall promptly perform the obligation of notification to the buyer within a reasonable time, otherwise it will constitute a delay in handing over the property.

What is postponement and non-acceptance? The so-called postponement of non-acceptance, according to the relevant laws and regulations of China, can be divided into normal postponement and non-acceptance. The criteria for judging these two are as follows:

Due to major planning and design changes.

Have an impact on on-time delivery. If the planning change initiated by ** is encountered in the process of building construction, or if the design must be changed due to major technical difficulties encountered during the construction of the house, the seller shall be exempted from liability because it cannot be classified as force majeure, but if it is in full accordance with the sales contract.

It is obviously unfair to stipulate that the seller bears the liability for breach of contract. And the general purchase contract.

The developer who delays the delivery of the house is required to pay liquidated damages to the owner, but that is only in the case of abnormal delayed delivery, and the normal delayed delivery is not counted as liquidated damages.

The five certificates are complete, which only means that the house is legally built, and the non-acceptance is not in line with the conditions for completion and delivery, and it is not allowed to hand over the house at this time, and there is no need to pay the property fee at this time. If you take over the property yourself, you are exempted from the developer's liability for breach of contract. However, this will not be organized by the relevant departments until the acceptance conditions are met.

Summary. Hello, after inquiry, the house has not yet been accepted, but living in the house, can not be used as the basis for the delivery of the <>

<> the house has not yet been accepted, but the house is occupied, can it be used as the basis for delivery?

Hello, I have not yet accepted the acceptance of the house, but I have lived in the house, and it cannot be used as a basis for the delivery <>of the house

<> this can only be said to be not allowed to be put into use without acceptance, and it is a violation of the rules to put into use, and it can be punished according to the regulations, but if it is not accepted, it can not be used as a basis for handover of the cavity liquid vertical.

According to the strict requirements of the national matching base regulations, the real estate development of the house must be completed after the completion of the construction to pass the acceptance of the dismantling of the qualified before it can be delivered. Judging from the relevant provisions of the Construction Law of the People's Republic of China, after the construction of the house, it needs to be accepted, and the quality must meet the relevant standards, a warranty certificate must be issued, and it must meet the national completion conditions before it can be delivered.

If the house is not accepted or the acceptance is unqualified, it shall not be delivered for use. According to the requirements of the regulations on the management and fraud of real estate development, the house must be accepted and qualified before it can be delivered.

Due to just need, the new house has not been handed over, and it has been renovated and moved in, is it considered a de facto delivery?

Legal analysis: If you have not gone through the delivery procedures, but you have actually moved in, it can be regarded as handing over the house. The house has actually been occupied and used, and the first servant shall be deemed to have delivered the house to use it in accordance with the law.

Counted, counted. If it's just decoration and you don't move in, is it considered a fact delivery? What impact will it have on the owner?

If it's just decoration and no occupancy, it's not a fact to hand over the house, and it won't have an impact on the owner.

Legal analysis: It is illegal to hand over the house without a certificate of conformity.

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 engineering design requirements, construction technical standards and contract agreements, and shall not use those that are unqualified.

Article 61 The construction project delivered for completion and acceptance must meet the construction project quality standards stipulated by Chanzhou, have complete engineering technical and economic data and signed project warranty certificate, and have other completion conditions stipulated by the state. After the completion of the construction project, the concealed work experience can be delivered for use; If it has not been accepted or the acceptance is unqualified, it shall not be delivered.

Dear, hello, I'm glad to ask you this question [Daduanzi Honghua] house acceptance but delivery. <> analyze <> from a legal point of view

According to the relevant national regulations, there are strict requirements for real estate development of houses that must be accepted after the completion of construction before they can be delivered <>

Legal basis [big ridge mu safflower]: According to the relevant provisions of the Construction Law of the People's Republic of China, after the construction of the house, it needs to be accepted, and the quality must meet the relevant standards, and the warranty certificate must be issued, and it must meet the national completion conditions before it can be delivered. If the house is not accepted or the acceptance is unqualified, it shall not be delivered.

According to the requirements of the management regulations of real estate development, the house must be accepted, and at the same time, it must meet the qualified requirements before it can be delivered.

Summary. According to relevant laws and administrative regulations, the mandatory condition for the commercial housing delivered by the developer to the buyer must be the "acceptance" of the commercial housing. If the developer is unable to show the certificate of completion and acceptance of the house, the certificate of fire acceptance, the record form of housing acceptance and other documents and materials, the buyer can refuse to accept the house.

When handing over the house, the acceptance certificate is not complete, and the owner should not accept the house.

According to the relevant laws and administrative regulations, the mandatory conditions for the commercial housing delivered by the developer to the buyer must be the "acceptance" of the Piyu commercial housing. If the developer is unable to show the certificate of completion and acceptance of the house, the certificate of fire acceptance, the record form of housing acceptance and other documents and materials, the buyer can refuse to accept the house.

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After the buyer finally ushered in the delivery date, there may be no time for various reasons, or miss the inspection time, so can the house that has not been accepted at this time be delivered? In response to this problem, let's dig deeper.

First of all, there are two situations without acceptance, one is that the owner takes the initiative to give up the acceptance and delivery steps; The other is that the property is handed over to the owner without providing acceptance qualifications and opportunities.

Secondly, if it is the first case, then it is understandable that in the future, if the owner's house is in addition to some problems, it can only be solved through negotiation, especially some major problems affecting the housing are also more troublesome, after all, it was the owner himself who gave up the acceptance of the house.

For the second case, can the house without acceptance be delivered? The answer is obvious, the owner should do his homework and strive to maximize the benefits of his own rights, after all, this is the owner of the house, especially the first home. So on the issue of whether the house without acceptance can be handed over to this file, it is necessary to pay attention to the following matters for house inspection:

First, when the property notifies the inspection, you don't need to arrive at the scene as soon as possible, so as to avoid too many people crowding at the same time for acceptance, and the relevant staff can't guide you at all. Second, when inspecting the house, it is necessary to make it clear which key points should be carefully inspected, such as the information that needs to be retrieved and collected, and the relevant records and storage should be made one by one, and it is best to prepare a storage document bag to avoid loss. Third, after clarifying the steps of the house inspection, it is time to enter the house for acceptance, which includes:

In terms of the structure of the building, such as whether the area is consistent with the previous contract, whether there are obvious defects such as cracks after simple renovation. Careful inspection is also required in terms of drainage and waterproofing, such as checking whether the sewers in the kitchen and bathroom are draining properly and whether there are any leaks.

Finally, we must be cautious in dealing with the question of whether the house can be handed over without acceptance, after all, some people buy a house that is just needed, and it is the basic right of the owner to accept the house when handing over the house.

You can get it for free

Houses that have not been completed and accepted for the record cannot be delivered for use.

1. According to Article 27 of the Law of the People's Republic of China on the Management of Urban Real Estate:

Article 27 The design and construction of real estate development projects must comply with the relevant standards and norms of the State.

The real estate development project can be delivered only after the completion of the experience and the acceptance of the experience.

2. According to Article 61 of the Construction Law of the People's Republic of China:

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

The house without acceptance must not be delivered, which is a potential safety hazard and a violation.

Acceptance is required, there is this process, to see whether the inside of the house meets their own requirements, and the buyer can accept it if he thinks it is suitable.