Question 20 on Housing Acceptance

You can get the property right certificate, you can accept the past, the acceptance is only for the quality and use of the main building, the water and electricity is a small problem, the yard is an external network, and the property right certificate, acceptance has nothing to do with it.

You're talking about the handover issue, you buyers join forces to negotiate with the developer, complain and sue if it's invalid, you must not position yourself as the owner, have you figured it out?

If the house is not accepted, what should the buyer do? Clause.

1. Actual performance requirements: If there is a problem with the quality of the foundation works and the main structure of the house purchased by the buyer, if it can be repaired through reinforcement, etc., and the safety of the building is ensured, the buyer may request the seller to perform its obligations in accordance with the provisions of the law and the contents of the contract. Actual performance is a basic principle of contract performance in China, and it is a major remedy that can be taken by the other party after a party breaches the contract. However, it is not appropriate to take such remedial measures in consideration of whether the breaching party can continue to perform and the reasonableness of its continued performance, and if the breaching party is truly unable to continue to perform or will pay a greater price if it continues to perform.

Clause. 2. The contract may be terminated, and if it is difficult to solve the problem of the quality of the foundation works and the main structure of the house through repair methods, the buyer may request to terminate the contract. Rescission is a more stringent measure that generally prohibits the parties from arbitrarily rescinding a contract without any statutory or contractual basis. Clause.

3. Liquidated damages and damages may be claimed. If the house delivered by the seller is not up to standard, whether the buyer requests actual performance or rescission of the contract, it does not affect the request for the seller to pay liquidated damages and bear the liability for damages. Legal basis:

Article 107 of the Contract Law of the People's Republic of China provides that if one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.

If it is some small quality defects, such as a relatively small range of hollow drums, lack of fittings in doors and windows, inflexible opening, etc., the owner of these problems can directly report to the property or developer for processing, and the property or developer will arrange special construction personnel to carry out the maintenance work of the problem.

2. Relatively large quality problems.

Relatively large quality problems refer to those that directly lead to the owner's inability to complete the move-in, such as water leakage in the house. If the owner has not completed the formalities of receiving the house, then the owner can request to refuse to accept the house in accordance with the law, and then check in after the developer has rectified all the quality problems.

In addition, the developer may also be required to bear the liability for breach of contract caused by the delay in delivery according to the relevant provisions of the contract; If the owner has completed the check-in procedures and discovers these problems after moving in, the owner has the right to ask the developer to bear the losses during the maintenance period to protect their rights and interests.

3. Serious safety structure problems.

The third type of problem is the problem of cracks and exposed ribs in the house, at which time the owner has the right to ask the developer to find out the cause as soon as possible, and request a report from the national professional appraisal department to prove whether there are serious safety structural problems in the house.

If there is no safety structure problem, the developer can be required to carry out routine maintenance and rectification, and the loss during the rectification period shall be borne by the developer; If it is confirmed that there are indeed serious safety structural problems with the house, then the owner has the right to request to move out and the developer will be liable for the breach of contract.

If the developer refuses to move out, then the owner has the right to request the developer to issue a design rectification plan from the design department, strengthen and rectify the house, ensure the safe structure of the house, and the developer shall be responsible for the rectification losses during the period.

Question: Is it normal for the top plate to differ by 2 cm?

The answer is not normal, the state stipulates that the flatness error of the concrete floor slab is about 8 mm, if the floor is made on the floor, the deviation can only be about 5 mm, the construction party must comply with the norms in the construction law, if the owner finds that the flatness and thickness of the floor slab are not up to standard, the developer can be required to repair or apply for check-out.

The allowable deviation of the roof is generally about 2mm.

The middle of the question top droops.

Answer: After buying a house, if you find that the roof is sagging, you need to negotiate with the seller in time and ask him to repair it immediately or replace it with another house. If the negotiation fails, the buyer can go to court to sue to ensure that the interests of the individual are not compromised.

According to the provisions of the Interpretation on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Commercial Housing Sales Contracts, "turnkey" is considered to be the delivery of the house. Therefore, after receiving the house key, the house inspection finds problems, and the developer only bears the responsibility for the quality of the house, and there is no pressure to deliver the house on time.

The problem of quality defects in commercial housing and how to deal with it

The quality defects of commercial housing refer to the problems existing in the quality of commercial housing. According to the quality standards agreed in the "Commercial Housing Sales Contract" and the relevant liability for breach of contract in the contract:

1. If the house to be delivered as clearly agreed in the contract does not meet the quality standards agreed in the contract, the buyer has the right to refuse to accept the house or terminate the contract.

2. If there is no clear agreement in the contract that the quality defects of the commercial housing are indeed due to the unqualified quality of the main structure, resulting in the inability to achieve the purpose of the contract, the buyer may refuse to accept the house.

1. If there are some minor quality defects and problems that do not affect the safety of the main structure, such as relatively small hollow drums, lack of fittings in doors and windows, inadequate sealing, inflexible opening, water leakage, etc., the buyer may require the seller to bear the responsibility for repair, and the repair costs and other losses caused during the repair period shall be borne by the seller. If the buyer has not completed the formalities of taking possession of the house, the buyer may refuse to take possession of the property and wait for the developer to deal with all the quality problems before checking in.

2. If the main structure of the house cannot be delivered for use because it is unqualified, or the quality of the main structure of the house is found to be unqualified after delivery, the buyer may request to rescind the contract and demand compensation from the seller.

Let the developer solve the problem and meet the delivery requirements before receiving the house.

The acceptance criteria for housing are as follows: it must meet the specified quality standards for housing construction projects and have a signed project warranty; Must have a housing quality certificate issued by the quality inspection station; Gas, water, electric heating, sewage, roads, 6 meters in front of the building, 3 meters behind the building, the site is leveled; It must be fully equipped and complete in accordance with the requirements of drawings and documents.

Legal basis:

Article 16 of the Regulations on the Quality Management of Construction Projects After receiving the completion report of the construction project, the construction unit shall organize the design, construction, engineering supervision and other relevant units to carry out the completion acceptance. The following conditions shall be met for the completion and acceptance of the construction project: (1) the completion of the construction project design and the contents of the contract; (B) have a complete technical file and construction management information; (C) the main building materials, building accessories and equipment used in the project approach test report; (D) survey, design, construction, engineering supervision and other units signed by the quality of the documents; (5) There is a project warranty signed by the construction unit.

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

When accepting the house, you need to first accept from many aspects such as the wall and the ground, and the water circuit, and before the acceptance, you should also check whether the developer can provide the corresponding information, if you can't provide three certificates, one book and one standard normally, don't sign the delivery agreement, if the developer has to sign the agreement to be able to receive the key, the buyer can refuse to be rough and careful, and can also raise objections to the relevant departments to complain.

In the normal acceptance, first check whether the wall is flat, if there is obvious pants or punch with your hand to have a hollow drum, in the later decoration is easy to crack or peel the base layer, more than two require the developer to repair, in addition to check whether the wall is reserved enough holes, such as the kitchen should also reserve the exhaust outlet, the bathroom should be reserved for ventilation.

In addition, it is necessary to check the waterway and circuit, especially whether the upper and lower stools are unobstructed, and you can turn on the faucet to check the water flow. Jiwu real estate encyclopedia, more must know to buy a house.

The following points should be accepted for the acceptance of the house:1. Whether the spatial layout design of the house meets the requirements of the specification.

2. The flatness of the top surface and the ground and the flatness and verticality of the wall.

3. Detection of the verticality and squareness of the yin and yang angles.

4. Hollow drum inspection of walls and floors, hollow drum detection of kitchens and bathrooms (including caisson waterproof base layer).

5. There are no signs of water seepage in the toilet and window sill.

6. Whether the drainage pipe and floor drain are smooth or blocked.

7. Whether the socket is energized, whether the strong current box and weak current box are in good condition.

8. Whether the doors and windows are damaged, and whether the glass meets the safety specifications and is consistent with the label of the purchase contract.

9. The house inspection will generally measure the floor height and the indoor clearance area.

The contract area refers to the construction area, including the indoor area and the shared area. The contract clearly stipulates that the surveying and mapping department of the Real Estate Bureau shall prevail, and any other agency shall refer to the survey. When decorating and designing, all areas should be carefully measured.

If the developer will provide a calculation table for the area difference, it will be stamped with the seal of the Bureau of Surveying and Mapping, and the area will be made up according to that.

10. Whether there is hemp surface.

11. Whether there are traces or cracks of rainwater leakage.

12. Whether the roof of the bathroom has fallen off or mold.

13. Whether there are any special tilts, bends and depressions in the top floor version.

14. Whether there is leakage on the top of the kitchen, bathroom, balcony and pipe interface.

Nowadays, urban buildings are piled up large and small, and everyone's goal is to have their own house, and it is very important to pay attention to the step of house acceptance after buying a house with hard work. What is Home Acceptance? What are the precautions for house acceptance?

Today, I will introduce these problems to you.

It is not difficult to understand, that is, after the house is bought, the basic works of the house have been completed, and the on-site observation is carried out again to see if there is any change, whether the modification is done as required, and whether the quality and level of modification are satisfactory, and then the buyer will sign the delivery procedures and receive the key, so that the obligation with the developer is over.

The so-called acceptance is to do a step of inspection again after buying a house, to see if there is a big change in the interior of the house, or what is not satisfied, whether it meets the standard, these are all things that need to be carefully considered, if there is no problem, you can sign the formalities, receive the key, and then you can decorate.

Precautions for house acceptance.

1. Observe whether there is water leakage in every corner, and carefully observe any flaws, especially in kitchens, balconies, bathrooms and other places that often need water.

2. Check whether the doors and windows are open and close smoothly, whether they are deformed or not installed, etc., to see if the quality is good. This is especially important for security doors.

3. The quality of the wall and the ground should also be careful, you can use a small hammer to strike, if the quality of these two places is not up to par, there will be hollowing or cracking.

4. Pay attention to the exhaust outlet, which can be rolled wide to burn with waste paper to see if the smoke is discharged from the exhaust outlet. Pay special attention to the bathroom and kitchen, and if there is a problem, report it to the developer in a timely manner.

5. The toilet is a place where water is often used, and the waterproof must be extremely strict, and you can ask the decoration company to help you do a waterproof test.

6. In addition to the water aspect, electricity is also very important, you can bring a measuring point tool to check whether there is electricity in each room and circuit jack.