Su Jian Gui Zi [2022] No.2
City Housing and Urban-Rural Development Bureau (Project Construction Committee), Wuxi and Nantong Municipal Administration and Landscape Bureau, Xuzhou City Administration Bureau:
In order to implement the relevant requirements of the Notice of the General Office of the State Council on Forwarding the Guiding Opinions of the Ministry of Housing and Urban-Rural Development on Improving the Engineering Quality Assurance System and Improving the Quality of Construction Projects (Guo Ban Han [2019] No.92), further strengthen the quality management of housing construction and municipal infrastructure projects in our province, and standardize the handling of engineering quality complaints, our office formulated the Management Measures for Handling Quality Defects Complaints of Housing Construction and Municipal Infrastructure Projects in Jiangsu Province, and in September 2022.
Jiangsu Provincial Department of Housing and Urban-Rural Development
20221October 10
Jiangsu province housing construction and municipal infrastructure engineering quality defect complaint handling management measures
Article 1 In order to strengthen the quality management of housing construction and municipal infrastructure projects (hereinafter referred to as projects) in our province, reduce engineering quality disputes, safeguard the legitimate rights and interests of the parties, and further standardize the handling of complaints about engineering quality defects, these measures are formulated in accordance with the Regulations on the Quality Management of Construction Projects, the Measures for the Quality Warranty of Housing Construction Projects, the Interim Provisions on the Handling of Complaints about Construction Projects and other laws and regulations, and combined with the actual situation of this province.
Article 2 These Measures shall apply to the complaint handling activities of engineering quality defects that occur in the construction process and warranty period of new construction, reconstruction and expansion projects within the administrative area of this province.
The warranty scope and warranty period are determined in accordance with the provisions of laws and regulations and the construction contract.
The term "engineering quality defects" as mentioned in these Measures refers to the fact that the engineering quality does not meet the mandatory standards for engineering construction and the quality requirements stipulated in the construction contract.
Article 3 The term "complaints about project quality defects" as mentioned in these Measures refers to the behavior that citizens, legal persons or other organizations request the administrative departments of housing and urban and rural construction in the place where the project is located to handle the project quality defects that involve their own life and property safety, infringe upon their legitimate rights and interests or endanger public interests and public safety.
A citizen, legal person or other organization that makes a complaint in the form specified in the preceding paragraph is called a complainant.
Article 4 The principle of territorial management, graded responsibility, whoever is in charge is responsible, compliance with laws and regulations, objectivity and fairness, convenience and efficiency, and the combination of handling practical problems and persuasion and education shall be adhered to in handling complaints about engineering quality defects.
Fifth provincial housing and urban and rural construction administrative departments are responsible for guiding and supervising the handling of complaints about engineering quality defects in the province, and supervising the handling of complaints about engineering quality defects that have a significant impact; The administrative departments of housing and urban and rural construction of all districts, cities and counties (cities, districts) shall be responsible for handling complaints about engineering quality defects within their respective administrative areas. The specific complaint handling work of engineering quality defects can be entrusted to the construction engineering quality supervision institution for implementation.
Article 6 When making a complaint, a complainant shall use his real name (name), indicating his identity card number (unified social credit code), mailing address, contact telephone number, request, facts and reasons. Representatives shall be elected for collective complaints on the same matter, and the number of representatives shall not exceed five. The complainant may entrust an agent in writing to lodge a complaint and participate in complaint handling activities.
Article 7 A complainant shall objectively and truly reflect the complaint, be responsible for the authenticity of the materials provided, and provide evidence that the quality defects of the project endanger the safety of his life and property, infringe upon his legitimate rights and interests, or endanger public interests and public safety. Do not fabricate or distort facts, and do not falsely accuse or frame others. The complainant shall cooperate with the administrative department of housing and urban and rural construction in the investigation, verification and handling of complaints about engineering quality defects.
Eighth any of the following circumstances, does not belong to the scope of acceptance of the project quality defect complaint handling work:
(a) the complaint does not belong to the scope of responsibility of the administrative department of housing and urban construction;
(2) Failing to provide the factual proof of engineering quality defects;
(three) the construction unit beyond the provisions of laws and regulations and the contract to determine the scope of the project warranty, warranty period to the construction unit to raise the quality of the project;
(four) after the delivery of the project, the project quality problems are caused by improper use or third party reasons;
(five) engineering quality problems caused by force majeure;
(six) the economic disputes in the complaints of engineering quality defects;
(seven) commercial housing sales contract disputes unrelated to the quality defects of the project;
(eight) complaints that have been accepted and are being processed or repeated complaints about the same fact after the complaint is resolved;
(nine) matters that should be resolved through legal channels such as litigation, arbitration and administrative reconsideration according to law;
(ten) other complaints that do not conform to the provisions of article third of these measures.
For complaints that do not fall within the scope of acceptance, the complainant shall be explained the reasons for rejection, and the channels through which the complainant can reflect the problems shall be informed as appropriate, and explanations and guidance shall be made.
Article 9 The administrative department of housing and urban and rural construction shall accept the complaints within the scope of acceptance in a timely manner and handle them properly according to the following procedures:
(1) Determine the undertaker. According to the complexity of complaints about engineering quality defects and the severity of engineering quality defects, a working group composed of multiple contractors can be set up to clarify the division of responsibilities. If the undertaker has a direct interest in the complaint or the party concerned, he shall withdraw.
(2) Investigating and verifying complaints. Consult relevant information, ask the parties and insiders about the situation and listen to their opinions, and conduct on-site investigation and verification of the facts of engineering quality defects when necessary.
(3) dealing with engineering quality defects.
1. For engineering quality defects with clear facts, clear responsibilities and simple rework, repair and recovery methods, complaints can be handled simply, and the responsible unit can be instructed to deal with them within a time limit.
2. Conduct necessary inspection, testing and appraisal on the engineering quality defects involving the safety and main use functions of the main structure of the project, or the responsibility is difficult to define, or organize experts to demonstrate and form an argument. The design unit shall put forward the treatment scheme according to the results of checking calculation, testing and appraisal and the opinions of experts. The administrative department of housing and urban construction shall make a complaint handling opinion and instruct the responsible unit to handle it within a time limit.
(4) complete. The responsible unit has completed rework, repair and restoration, and informed the administrative department of housing and urban-rural construction that the complaint has been handled. If the responsible unit refuses to perform the warranty obligations, it shall be given administrative punishment in accordance with the Regulations on Quality Management of Construction Projects.
Tenth complaint handling process, one of the following circumstances, the administrative department of housing and urban construction can terminate the complaint handling:
(a) after verification, the quality defects of the complaint are not true;
(two) after verification, the complaint falls within the scope of inadmissibility as stipulated in Article 8 of these Measures;
(3) The complainant withdraws the complaint;
(four) the parties bring a lawsuit, apply for arbitration or apply for administrative reconsideration;
(five) the complainant does not cooperate, resulting in the failure to identify the responsibility of the respondent or the failure of the responsible unit to rework, repair and repair the quality defects of the project;
(six) involving the interests of a third party, and because the third party does not cooperate, the responsibility of the respondent cannot be determined or the responsible unit cannot rework, repair and repair the quality defects of the project;
(seven) all the responsible subjects involved in complaint handling have been terminated according to law.
If the complaint handling work is terminated, it shall explain the reasons for the termination to the complainant and do a good job in explanation and guidance.
Eleventh other violations of engineering quality management laws, regulations, rules and mandatory standards of engineering construction found in the process of complaint shall be investigated and dealt with in accordance with the provisions of relevant laws and regulations; If a suspected criminal clue is found, it shall be transferred to the relevant judicial organ for handling.
Twelfth construction, survey, design, construction, supervision and other units shall cooperate with the administrative department of housing and urban construction in the investigation, verification and handling of complaints about project quality defects. The construction unit should earnestly assume the primary responsibility for the quality of the project and actively implement the relevant requirements of the complaint handling work of the competent department.
Thirteenth engineering quality defects in the process of handling complaints of various expenses, settled by the parties through consultation; If no agreement can be reached, the proposer shall pay in advance, and the responsible party shall bear the responsibility for engineering quality defects after it is clear.
Fourteenth administrative departments of housing and urban and rural construction at all levels should smooth the channels of complaints, seriously treat and properly handle complaints about engineering quality defects. Units and individuals that have made remarkable achievements in complaint handling shall be commended and encouraged. Units and personnel who prevaricate, perfunctory and delay the handling of complaints should be criticized and educated.
Fifteenth administrative departments of housing and urban construction at all levels shall do a good job in file management in the process of handling complaints about engineering quality defects, and file them for future reference.
Sixteenth housing and urban construction administrative departments at all levels shall establish a statistical analysis system for engineering quality defects complaints, analyze problems in time, sum up experience, and constantly improve the ability and level of handling engineering quality defects complaints.
Seventeenth complaints about engineering quality defects as stipulated in Article 3 of these Measures, which are put forward through letters and visits forwarding and various government platforms, shall be handled in accordance with the provisions of these Measures.
Eighteenth emergency relief and other temporary housing, farmers built low-rise residential and military engineering quality defects complaint handling activities, these measures are not applicable.
Nineteenth districts and cities housing and urban construction administrative departments may, according to the actual situation, formulate detailed rules for the implementation of these measures.
Article 20 These Measures shall come into force on June 5438+February 1 day, 2022, and shall be valid until June 5438+February 1 day, 2027.
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