2, China's "Contract Law", "Construction Law" and "Urban Real Estate Management Law" all stipulate that construction projects must be completed and accepted before they can be delivered; Without acceptance or unqualified acceptance, it shall not be delivered for use.
3. Administrative Measures for Comprehensive Acceptance of Urban Residential Quarters of People's Republic of China (PRC) Ministry of Construction?
Sixth residential areas completed comprehensive acceptance must meet the following requirements:
(a) all construction projects are completed in accordance with the approved community planning and relevant professional management and design requirements, and meet the requirements of use; ?
(two) residential and public facilities, municipal public infrastructure and other single projects are all qualified, and the acceptance information is complete; ?
(three) the plane position, facade shape and decorative color of all kinds of buildings meet the approved planning and design requirements; ?
(4) All construction machines and tools, temporary works, building residual soil and remaining components have been removed and transported away, and the site has been cleared and leveled; ?
(5) The residents have been reasonably resettled. ?
Article 7 The following documents shall be submitted when applying for the comprehensive acceptance of the completion of residential quarters:
(a) site selection opinions, construction land planning permit, construction project planning permit, detailed planning of construction, and design documents (drawings) of individual projects approved by the planning department and other professional management departments; ?
(2) Project contract; ?
(three) the quality rating documents of each single project approved by the engineering quality supervision institution;
(four) completion data (drawings) and technical files; ? (five) other documents and materials stipulated by the administrative department of construction. Eighth residential areas completed comprehensive acceptance in accordance with the following procedures:
(a) after the completion of the residential construction project, the development and construction unit shall submit an application report for the comprehensive completion and acceptance of the residential area to the construction administrative department of the city people's government, and attach the documents stipulated in Article 6 of these Measures. ?
(II) The administrative department in charge of construction of the people's government of a city shall, within one month after receiving the application report and related materials for the comprehensive acceptance of the completion of residential quarters, form a comprehensive acceptance team with the participation of urban construction (including municipal engineering, public utilities, landscaping, environmental sanitation), planning, real estate, project quality supervision, residential quarter management units and other relevant departments; ?
(III) The comprehensive acceptance team reviews relevant acceptance materials, listens to the report of the development and construction unit, conducts on-site inspection, comprehensively evaluates and evaluates the construction and management of residential quarters, puts forward acceptance opinions, and submits a comprehensive acceptance report on the completion of residential quarters to the construction administrative department of the city people's government; ?
(four) the construction administrative department of the people's Government of the city shall review the comprehensive acceptance report. After the comprehensive acceptance report has passed the examination, the development and construction unit can handle the delivery procedures of the house and related facilities. ?
Ninth residential areas after the completion of acceptance, development and construction units shall submit a complete comprehensive acceptance data for the record in accordance with the relevant provisions. ?
Eleventh residential comprehensive acceptance is unqualified, the construction administrative department of the city people's government shall order the development and construction unit to make corrections within a time limit, and the expenses incurred therefrom shall be borne by the development and construction unit. ?
In violation of the planning requirements, municipal public infrastructure and public facilities are not matched, and the quality of the project is poor, the acceptance team will draw the relevant departments to investigate and deal with it according to law. ?
Twelfth without comprehensive acceptance, the development and construction units will be delivered to the use of housing and related facilities without authorization, the construction administrative department of the city people's government shall revoke the qualification certificate of the development and construction unit, and may impose a fine. ?
Extended data:
1, incomplete information
The developer must provide three materials when accepting the house, namely, the residential quality guarantee, the residential instruction manual and the completion acceptance record form. These three materials are the basic foundation to ensure the quality of houses, and they are indispensable. The "Measures for the Management of Commercial Housing Sales" promulgated by the Ministry of Construction also clearly points out that if one of them is not provided or lacking, we can all refuse to accept the house on this ground.
2. Delayed delivery
As for the problem that the developer fails to deliver the goods within the time stipulated in the house purchase contract, it is stated in the People's Republic of China (PRC) Contract Law. If the developer delays the delivery time without reason, not because of force majeure, the buyer can remind him by reminding him and give him an appropriate relaxation period of three months. If the house is not delivered according to the contract after three months, the buyer may refuse to accept the house.
3, do not change the terms of the housing structure. If you find that the details of the house structure, including the orientation of the house and the number of windows, are different from the contract, and the developer has made changes without telling you in advance, you have every reason to refuse to accept such a house.
4. The area error is too large.
Many people do not have the concept of measurement when inspecting houses, which gives unscrupulous developers the opportunity to exploit loopholes. You should know that if the error between the actual delivery area and the area specified in the purchase contract exceeds 3% (excluding 3%), the buyer can completely refuse to accept the house on the grounds of serious fraud and has the right to terminate the original purchase contract.
5, the quality is unqualified
Check the house carefully and don't let go of any details. Your carefulness is directly related to the future use of the house. If obvious quality problems are found, such as wall cracking, sewer leakage and so on. , seriously affecting the living, you can ask the developer to repair it in time. If developers repeatedly shirk or even refuse to accept the house, buyers can contact professional quality inspection units for on-site inspection and refuse to accept the house with the verification report.
6, the infrastructure is not perfect
To inspect a house, we should not only look at hardware facilities, but also look at the surrounding environment and necessary functions. For example, the roads in the community have not been repaired, the necessary energy sources such as water, electricity and natural gas have not been connected, and these infrastructure facilities are not perfect, which can also be used as a reasonable reason for us to refuse to accept the house.
7, arbitrary charges
If the above problems do not exist, I would like to remind you that we should also pay attention to the unreasonable charges of developers in various names. Except deed tax, public maintenance fund, area mapping fee, property fee and property agency fee, we don't need to pay any other fees. If the developer asks you to pay for other reasons and has a tough attitude, you have the right to refuse to accept the house.
Ministry of Housing and Urban-Rural Development-Measures of the Ministry of Construction for the Administration of Comprehensive Acceptance of Urban Residential District Completion