The first paragraph of Article 60 of the Building Law stipulates: "The basic works and main structures of a building must ensure the quality within a reasonable service life." After the delivery of commercial housing, if the purchaser thinks that the quality of the main structure is unqualified, he may entrust the engineering quality inspection agency to re-approve it in accordance with relevant regulations. If the quality of the main structure is unqualified, the purchaser has the right to return a house and causes losses to the purchaser, the real estate development enterprise shall be liable for compensation according to law. ?
According to the above-mentioned laws and regulations, the owner can ask the developer to undertake the repair obligation, and should also be liable for compensation if losses are caused, or complain to the local housing construction department and housing management department, and can also bring a lawsuit to the people's court if necessary.
Materials needed for prosecution?
When a party brings a lawsuit, it shall submit the following materials:
(a) If the prosecutor is a natural person, submit a copy of the identity certificate; If the plaintiff is a legal person or other organization, it shall submit a copy of the business license or organization code certificate and the identity certificate of the legal representative or principal responsible person; If a legal person or other organization cannot provide the organization code, it shall provide an explanation for the cancellation of the organization; ?
(2) If the prosecution is entrusted or informed by others, it shall submit the power of attorney, the identity certificate of the agent, the identity certificate of the informant and other relevant materials; ?
(3) Specific information such as name and address that can distinguish the defendant or the defendant from others; ?
(4) The original and copy of the indictment are consistent with the number of defendants or defendants and other parties; ?
(5) Evidence or evidential materials related to letters and visits. ?
Extended data:
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Case: the owner sued the developer for support when the quality problem was found in the renovation of the new house?
I bought a suite with great joy, but found quality problems when I renovated it. After many unsuccessful negotiations, the owner and developer went to court. Recently, the Xiaoxian People's Court of Anhui Province concluded the dispute over the house sales contract in the first instance, and sentenced the developer to compensate the owner, Wei's house repair fee, decoration material fee and judicial appraisal fee, totaling 136749 yuan. ?
It is understood that on June 20 12, 10, Wei signed a commercial housing sales contract with a real estate company in Xiaoxian County to buy a house with a total price of 40,7931yuan. After Wei paid off all the house payment, a real estate company in Xiaoxian County also delivered the house. From July, 2065438 to July, 2005, during the indoor decoration of Chen Mou's houses, it was found that there was an error in the flatness of the top surface of the living room, the paint on the indoor wall fell off and the strength was not enough, and the bearing wall of the indoor walkway was inclined. ?
Ask a real estate company in Xiaoxian to deal with the problem. The real estate company partially treated the interior wall paint layer and made a treatment plan for the flatness error of the living room top surface. A real estate company in Xiaoxian finally failed to carry out maintenance and construction because of disputes between the two sides on maintenance and treatment matters and plans. Later, he and Wei appealed to the court. ?
During the trial, according to the plaintiff's application and the judicial appraisal procedure, the court conducted quality inspection, repair scheme and project cost evaluation and appraisal on the quality problems of the house involved, and found that the main quality problems of the house were that the top surface of the living room was flat, there was a relative height difference in the area, the aisle spacing was inconsistent, the arrangement was not parallel, and the indoor wall painting strength was less than the allowable value required by the code. ?
According to the quality problems, the corresponding restoration scheme is designed, and the implementation cost of the restoration project is estimated to be 44204.3 1 yuan. Wei paid the inspection fee of 25,000 yuan, the design fee of 8,000 yuan and the evaluation fee of 10000 yuan respectively, totaling 43,000 yuan. Decoration of kitchen, bathroom, balcony and living room, purchase of wall tiles, plates, accessories and other decoration materials, with a discount of 15727 yuan. After the shutdown, they calculated the working hours payable as 130 19 yuan. Chen Mou rented a house from March 20 16 to June 20 18, and paid the rent of 20,800 yuan. The above expenses total 136750 yuan. ?
A real estate company in Xiaoxian argues that there is no quality problem in the delivery of qualified houses, but a real estate company in Xiaoxian has formulated a targeted maintenance plan for the quality problems reflected by the plaintiff and Wei in the process of house decoration, which can be repaired; The plaintiff claimed that the cost of judicial appraisal of house quality inspection should be borne by both parties, and the appraisal cost of repair scheme and project cost has nothing to do with this case and should be borne by the plaintiff himself. ?
After trial, the court held that the commercial housing sales contract signed by Wei and a real estate company in Xiaoxian County was legal and valid, and both parties should perform their obligations according to the agreement. There are real quality problems in the scope and duration of the quality warranty of the commercial houses delivered to Chen Mou and Mou Wei by a real estate company in Xiaoxian County, which leads to the failure of Chen Mou and Mou Wei to properly decorate, use and move in in in time. A real estate company in Xiaoxian County should undertake the maintenance obligation and compensate the economic losses caused by it. ?
Due to housing quality problems, Wei actually lost136,750 yuan. The facts are clear and the evidence is sufficient. A real estate company in Xiaoxian County should pay compensation. A real estate company in Xiaoxian argued that the renovation project completed by Wei did not need to be cleared for renovation, and the loss of decoration materials should not be fully supported. If no valid evidence is provided to support it, it will not be accepted. To sum up, in accordance with the contract law and other laws, the court made the above judgment according to law.
Baidu Encyclopedia-Regulations on Quality Management of Construction Engineering
China court network-quality problems were found in the renovation of new houses, and the owner sued the developer for support.