Many people spend a lot of money, even their life savings, to buy houses. With a paper delivery notice from the developer, it seems that
My new home is about to be born, so I'm naturally happy. However, many owners are not happy after taking over the house, and the house is very poor.
It has become an annoyance: the developer has started to hand over the house, but the road in the community is still under construction and the greening has not been done.
Building facilities have not yet been put into use, and some have not even been electrified. Can such a house be handed over to the owner?
First, check the developer's certificates when you close the house.
Completion acceptance record, residential quality guarantee and residential image ambassador provided by the developer to the owner when handing over the house.
Instructions must be original and cannot be copied. First, real estate developers must obtain the "Construction Project Completion Record Form", which is mandatory by the state.
China's Contract Law, Construction Law and Urban Real Estate Management Law all stipulate the completion acceptance of construction projects.
Merchants have obtained the "Construction Project Completion Record Form" as the delivery condition, and developers should provide it when delivering the house. Although the "Completion Acceptance Record Form" was filled out by the real estate developer himself, it was
In order to obtain the consent of relevant departments for filing, it is necessary to provide planning, public security and fire protection, environmental protection and urban construction files to the filing department.
Management, civil air defense and other departments issued approval documents or permission to use documents, buyers can know the real estate business.
Whether the paid house meets the requirements of the original planning, and more protection to avoid personal injury. When the buyer closes the house, he must
Look at the original filing form and check whether there is a signature and official seal of the filing department for filing. Second, paying in advance and signing documents are reasonable and normal procedures, but most developers pay in advance.
Fill in the form, sign the document, and then inspect the house, so that the buyers are in a passive state. Countermeasures: Buyers should take back their previous houses.
It is written in the contract as an additional clause, and the house will not be closed without inspection. If there is no agreement in the original contract, it can be in the house expropriation document.
Second, whether the house can get the key to the new house without comprehensive acceptance.
The developer informed the consumer to get the key to the new house. However, after getting the key for nearly a year, the property has not been able to issue three certificates.
It turns out that the residential area passed the comprehensive acceptance on September 10, 2003. Therefore, Zhang believes that the developer has violated the contract.
Fixed and delivered houses that failed the comprehensive acceptance, requiring developers to pay liquidated damages for overdue delivery. Developer Zhang believes that
If someone takes the key at the delivery time agreed in the contract, it means delivery on time, and there is no responsibility for overdue delivery. This led to differences between the two sides.
Controversy. Does turning in the key mean handing over the house? At present, the legal profession has different opinions.
One view is that according to the "Several Provisions of the Supreme People's Court on the Applicable Law in the Trial of Disputes over Commercial Housing Sales Contracts"
Interpretation of the problem "Article 11 stipulates that if the house is transferred and occupied, it shall be regarded as the delivery of the house, but the parties have otherwise agreed."
Unless both parties agree. The developer handed over the key, and the house has been occupied by consumers, which can be regarded as delivery, and consumers should pursue the developer.
It is difficult for the court to support the liability for delay in delivery. However, some insiders believe that commercial housing that has not yet passed comprehensive acceptance can
There may be some hidden dangers, such as the quality defects of the building itself, the lack of supporting facilities, and the inability to apply for three certificates (that is, mortgage,
Transfer of property), etc. Accepting such property also brings difficulties to safeguarding rights. To this end, the Provincial Consumers Association specially reminds consumers that before taking the key, they must pay attention to the construction project completion record form, residential quality guarantee, residential instruction manual, surveying and mapping results form and other related documents. If the developer can't provide
"Construction Project Completion Record Form", consumers can refuse to accept the property, and require the developer to bear the liability for breach of contract for overdue delivery.
Ren; If the delivery date agreed in the contract has arrived and the property has not passed the comprehensive acceptance, the developer informs the consumer to get the key, and the consumer is in a hurry.
If you move in, it is best to state in the delivery procedure that the delivery date is that the property has passed the comprehensive acceptance, because the house has not been comprehensively accepted.
The date of acceptance shall prevail.
Third, the fire protection failed to pass the acceptance and reached the delivery standard?
According to the provisions of the Fire Protection Law of People's Republic of China (PRC) and the Fire Protection Law of People's Republic of China (PRC), a builder who carries out fire protection design according to the national technical standards for fire protection of engineering buildings.
When the project is completed, it must be accepted by the public security fire control institution; Without acceptance or unqualified acceptance, it shall not be put into use.
Use. Therefore, if the fire-fighting sub-project fails to pass the acceptance, it will not meet the delivery conditions and the buyer can reject it. Now Xu
In many places, the quality acceptance system has been replaced by the completion acceptance record, but it has been put on record in the documents and materials submitted by the employer, such as
There is no project completion acceptance report or acceptance documents issued by planning, public security, fire protection, environmental protection, landscape and other departments.
For materials, the filing authority will not sign for documents on the filing form. Therefore, generally speaking, in order to obtain the registration certificate,
This means that it has passed the completion acceptance. When the owner repossesses the building, if the developer proposes that the record has been completed, then the owner should
The developer is required to provide a filing form for review, and carefully check whether there is the signature of the above-mentioned competent department. 2 1 The owner was co-defendant, and this incident also issued a warning to all developers who are preparing to hand over the house in the near future.
Clock. In the past, developers always liked to send occupancy notices after the real estate passed the design, supervision and construction acceptance, and so did the owners.
There is such a mentality: take over the building first and then decorate it. After the renovation is completed, the residential environment will be fine. However, yesterday, Huli Court
A lawsuit in court has made people more alert.
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