Buying a house is the first class important matter that common people cares all the time, and once building quality has a problem, in be immersed in as long-term as property and development business seesaw battle very likely. Building quality problem cannot detect when check and accept, when entered ability discovery. Face the be indifferent to sth that develops business, a lot of owner hand in property cost to serve as defied method with refus. From the point of legal angle, the behavior of these owner does not have a basis.
Case one
The building becomes moldy owner refus hands in property cost to be appealed to to the court
Company of some village property is sued say, some room course of study advocates some home rejects to hand in property to expend since January 1, 2015 inside its village. Property company passes dun several times not if really, resort court asks to adjudicate Zhang Mou pays the property that default cost and fee of public specific power consumption.
Zhang Mou says in the argue on front courtyard, break of the wall outside the garden existing after this flatlet house of its under one's name is entered oneself, sink the wall outside reaching a house is slack, mildewy wait for a phenomenon. Its react to village property company afore-mentioned circumstances, till 2015, property company sent a person to undertake maintaining to place of craze of the wall outside the garden, but external wall leakage water, mildewy problem did not make processing. The building becomes moldy the problem has affected his to live normally, company of its requirement property assumes reason due responsibility, to property cost undertakes deducting.
The court thinks via cognizance, providing property management according to law is to point to serve a contract to agree according to property by company of owner and property service, have maintenance, conserve, government to the facilities facilities of building and form a complete set and relevant field, safeguard the activity of the environmental sanitation inside property management section and relevant order. Zhang Mou and company of its village property sign " early days property serves an agreement " agreement, the service limits of property company includes to assume a house common place, common of project of sanitation of facilities facilities, afforest, environment, safe sanitation, traffic safeguard, government serves. Put forward to ask the leakage to the building is water, mildewy to Zhang Mou wait for maintenance of place of for private use, safeguarded project, inside the limits of property company service that does not agree in the contract. Although this building is put in quality problem, also answer to hold the right to responsibility person separately by Zhang Mou. Because property company did not fulfill a building,friend says to Zhang Mou argue maintenance is compulsory, the requirement gives in property cost deducted opinion, the basis is insufficient, the court does not grant to adopt. Forensic first instance adjudicates Zhang Mou should pay property service to expend more than 10000 yuan to reach public specific power consumption to expend more than 500 yuan to property company.
Case 2
Building quality has cost of property of problem refus capture
Anhui limited company signs one property company and some buy line of business contract of early days property, the agreement comes to will offer property to serve on July 9, 2022 from July 10, 2017 by this company. After this, accuser property company offers property to serve for the village according to it. Owner Pan is such-and-such put in quality problem with the building, begin from December 18, 2016, all the time refus pays property cost and fee of public specific power consumption.
On July 16, 2018, written announcement reachs classics of accuser property company for many times to come to urge should, some still did not fulfill owner Pan Mou pay compulsory, accuser closes right increase to safeguard oneself, appeal to to the court, the request sentences your the accused to pay to reached specific power consumption to expend 3060 yuan to the property administration fee during December 18, 2018 on December 18, 2016 to accuser, undertake corresponding penalty due to breach of contract.
"My house is put in quality problem, examine and property company was not maintained, so I just do not pay property fee. " in spot of front courtyard careful, owner Pan is such-and-such the reason that explains to the court oneself do not hand in property to expend. So, whether can this reason get law supports?
Forensic cognizance thinks, building construction unit and the early days property that property serves an enterprise to sign serve a contract, it is active contract, have sanction to all owner inside this village. Cost of public specific power consumption is to point to property management inside area, the facilities facilities such as computer room of common elevator, water pump, monitoring serves for all owner in, produce the cost that the sources of energy spends, need all owner to be assumed jointly. Accordingly, after the accused was accepting the property management of accuser to serve, should agree by the contract ought to the property administration fee with seasonable corresponding pay and cost of public specific power consumption.
Exist with the building in front courtyard careful in the light of the accused the contradictory reason that quality problem regards refus as to hand in property to expend, according to " property regulation " the 31st regulation " construction unit ought to guarantee according to what the country sets deadline and guarantee limits, assume property guarantee responsibility. " accuser serves a company as property, can not become assume the direct responsibility principal part that solves problem of owner house quality, reason court does not grant to support to afore-mentioned contradictory reason of the accused.
Delimit key
Small made up specially to arrange a few dimension authority measure after encountering building quality problem, the person that buy a house to everybody and the owner that have the hospital that buy a house in order to have untimely needs.
Case one: Tractor dry mass of building principal part is unqualified
Main body structure is the main component part that points to a building the plane of mutual join, action or dimensional compose adult, must have the intensity that accords with technical requirement, tenacity and stability, bear in order to ensure all sorts of load of building itself. Wait like foundation, main wall, these place appear structural sex splits, tilt, the problem such as the cave in, ought to regard main body structure as existence problem. Notable is, structure of building principal part should do enlarge to explain greatly, include share of the main body on land of foundation foundation project, building.
Right of the person that buy a house: Vendee can request to remove contract and compensatory loss. Because problem of tractor dry mass of building principal part matters to use security directly, and repair impossible or cost is exorbitant, vendee can remove commonly contract and seek redress loss.
Case 2: Serious effect lives normally used quality issue.
Use function and utility what should show building quality problem affects vendee badly already to enjoy a building normally
How to maintain " serious effect lives normally use " , the judge in practice has certain freedom to cut a quantity into parts to counterpoise, basically have two levels: It is the degree that endangers living person. If already endangered the life security of living person, maintain serious effect to live directly use; If endanger living person healthy, live the person answers to detect with proof of hospital medical records or relevant section technology to this view conclusion is accurate. The 2 frequencies that are repair. If for many times repair not if really, use function and utility what also should maintain serious effect to enjoy a building to living person normally.
The type changes an analysis to have the following state:
The first, the building is serious and slack and cannot have repair.
The 2nd, building wall body is in craze more, maintain hard.
The 3rd, because design construction is unreasonable, bring about building foundation to sink, the building is put in great and safe hidden trouble.
The 4th, building classics pledges the branch such as check, program, environmental protection, fire control examines, put in great and safe hidden trouble and cannot try to improve.
The 5th, classics of indoor air quality detects unqualified, live for a long time to affect safety of human body health badly.
The 6th, severe shortage advertisement publicizes establishment of medium form a complete set and public facilities, to vendee production, life brings serious inconvenience.
The 7th, vendee of other and serious effect lives normally used case.
Right of the person that buy a house: The person that buy a house can remove contract and seek redress loss.
Case 3: Problem of other and general quality
If building ooze water, ground is empty,skin of beat, wall falls off etc.
Right of the person that buy a house: The building that consign uses is put in quality problem, in guarantee period inside, betray a person to ought to assume repair responsibility; to betray a person to reject repair of protracted inside reasonable time perhaps rehabilitate, vendee perhaps can entrust other rehabilitate by oneself. The other loss that causes during repair expenses and rehabilitate by betray a person to assume.
Dimension authority method
One, live normally to problem of tractor dry mass of building principal part and serious effect used quality issue. The contract that building business exists between the person that buy a house and development business concerns, although the house already lived via change the name of owner in a register, development business regards the production of commodity house as business and distributors, should assume a flaw to assure to commodity house quality responsibility. Development business and the quality relationship of the person that buy a house are passed " contract of commodity house purchase and sale " and " guarantee of quality of commodity room house " will restrain, the person that buy a house can negotiate processing with development business first, do not talk things over to be able to be in charge of a branch to complain to construction administration already also but to people court to lodge a complaint. To problem of these two kinds of quality, the person that buy a house can entrust the unit that has aptitude of appraisal of legal structure safety to have identification to the building directly, its appraisal conclusion can serve as civil prosecution witness.
2, to general quality problem, if be in,guarantee period inside, owner can ask to develop business to undertake rectifying and reform; If develop business to be rectified and reform not actively, can sue the rights and interests that will safeguard oneself to the court.
Relevant law according to: " top people about hearing case of dispute of contract of commodity house business applicable law the explanation of a certain number of problems (2003.4.28) " dozenth, thirteenth
Notarization is in a proposal: The person that buy a house is become test house, building quality issue is encountered when controlling a house, can choose in lawsuit forward the notary organization applies for to adopt evidence to conserve measure, in order to proves to develop the objective fact of business presence break a contact, make sure him later period is in stand-in in lawsuit thereby, more cogent and effective maintenance oneself closes right increase.
Graph article: Golden hill room is in charge of
