This period chair: Feng Shanshu, southern + chief editor of house property channel, southern industry wisdom library researcher
Suffer invite a honored guest: Lin Xunhua, estate law expert, solicitor of office of Guangzhou Jin Peng's attorney
[case reviewing]
Rose on April 1, 2019, wide steel new city brace up after owner of part of village of eulogy of day of course of study controls a building ahead of schedule, discover big wet enrages a few floor the leach between public passage and elevator is more serious, concern endangers elevator to run safety from this.
Meanwhile, owner still discovers basement also is put in the leakage water issue of different level, put forward the afforest rate that communal garden does not have the village to be built by program newspaper and garden to build construction graph to undertake construction, suspicion is whether construction unit consists jerry, ask to rectify and reform.
To this, development business was installed between elevator through property on one hand block the relevant protection establishment such as water temporarily, flow in order to avoid water to elevator hoistway, organize a worker to undertake rectifying and reform to corridor ground after rain; Feedback to owner through property on the other hand, village design accords with relevant standard, nonexistent jerry or disobey the problem such as the program.
As to owner the hope adds outfit window to prevent leach elevator in public passage, proper motion of owner of development business proposal is called together an installation of the proper motion after owner is asked for so that agree, charge provides for oneself, responsibility conceit. It is certain that this controversy incident is had inside course of study representative, southern + house property channel " legal clinic " specially invite asks expert counterproposal exemple to undertake analysis and law are discussed diagnostic, the hope provides useful reference to similar dispute is settled inside course of study.
[the expert is analysed]
Appropriate handles contradiction, advantageous industry health develops
Southern + : Combine you old hold already check, how daily of look upon south and south + of check " buy a house 10 big pain spot " ?
Lin Xunhua: Housing is the focal problem that common people pays close attention to most, it is to the life especially for the new immigrant of big city, buying a room to be able to say is the first class overall situation that their life faces. because housing is right each person is so serious, all sorts of dispute that real-estate industry appears make the attention central point of common people naturally also. Similar " 10 big pain spot " problem, the objective law that since industry grows, also be to drive building city to march toward what high quality develops to need classics phase.
No matter be to regard as,superintend square government sector, the estate that still serves as a bargainor develops business, also or the other owner that buy a house, need to face up to these appealing to to beg. Although some accuse begging is not development business home remedy or short-term internal energy are quite one-time solve, but these problems mirrorred new era setting to fall really, the hope with the realest to real-estate industry society. Accordingly, resolve the contradiction that these markets exist objectively appropriate, satisfactorily, health develops 100 interest and do not have what did not come to whole industry continuously kill.
Southern + : Receive Lou Houcai to discover building quality is bad, be the responsibility of the responsibility that develops business or owner after all?
Lin Xunhua: Although the country develops the superintendency of construction and problem of specific building quality to be strengthened increasingly to estate, but need what character of sue for peace asks to upgrade to the quality of housing as the society, the housing quality issue that produces in real-estate industry in recent years still happens from time to tome. The matter that brings about these problems to happen is very complex, some may be to develop business quality canal to accuse to be less than, some may be buildings insufficient or trade technology level is jerry cause, may place of geological environment change causes still have a few. Ensure the house that delivers to buyer accords with the quality requirement standard that the contract agrees, it is the development business that regards carry out as the bargainor in estate the most primary law responsibility in trading is mixed compulsory, unless the bargainor can offer enough legislation,avoid duty reason.
Square to buying for, bought house off quality, do not accord with their mainest living demand not only, the living happiness that affects them possibly still directly and living safety. The wide steel new city that if owner mirrors brace up problem of quality of building of village of eulogy of day of course of study is belonged to solid, so, as the bargainor's development business is suspected of break a contact very likely, encroached the legitimate rights and interests of buyer. Of course, these problems that owner mentions, because what reason is caused be because what reason is caused,after all? Damage actually what cause to owner have how old? Does the legal responsibility that should the bargainor assume have multiple? That have to according to circumstance of real spot perambulate, the appraisal conclusion that combines tripartite orgnaization will try to grind sentence an analysis.
Room of proposal a priori does again hand over formalities
Southern + : Domestic house kind what does the quality problem that commodity house appears basically have, why can be the house of off quality still passed check and accept?
Lin Xunhua: Publish a report according to authoritative medium, building quality issue of home basically is centered in roof or skin of metope leakage, wall falls off, public facilities design is unreasonable wait for general quality problem to go up. Flabby to building body wait for foundation and issue of main body construction very few.
According to top people court " about hearing case of dispute of contract of commodity house business applicable law the explanation of a certain number of problems " (abbreviation " explain " ) regulation, building quality problem can divide into 3 sort commonly model go solving:
It is tractor dry mass of building principal part unqualified, " explain " dozenth a regulation: "Because tractor dry mass of building principal part is unqualified cannot consign is used, or after building consign is used, check of nucleus of classics of tractor dry mass of building principal part is belonged to truly unqualified, vendee requests to remove contract and compensatory losing, should grant to support. Should grant to support..
2 because building quality severe double image rings to live normally,be use, " explain " thirteenth the first regulation: "Because building quality problem is severe serious effect lives normally use, vendee requests to remove contract and compensatory losing, should grant to support. Should grant to support..
3 it is to be in guarantee the general quality problem inside limits, " explain " thirteenth the 2nd regulation: "The building that consign uses is put in quality problem, in guarantee period inside, betray a person to ought to assume repair responsibility; 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. The other loss that causes during repair expenses and rehabilitate by betray a person to assume..
In practice, some houses although off quality, but because check and accept an unit neglectful or intended neglect, also be to pass what check and accept and go up to hand of the person that buy a house by development business pay likely.
Southern + : To the general person that buy a house, what method can be on guard ahead of schedule does development business give him unqualified house?
Lin Xunhua: The person that the proposal buys a house holds to transcendental room to do the fundamental that hands over formalities again, should examine a bargainor to offer seriously especially " construction project complete is checked and accept put on record watch " , " residential guarantee of quality " , " residential operation instruction handbook " wait for a file to whether exist legal flaw. When development business reachs a floor, can put forward to buy square preexistence to accept the demand that signs on building file probably, do not send approval otherwise. The person that buy a house cannot take the key to content tube point. This also is why a lot of person that buy a house are the consideration that receiving Lou Houcai to discover quality problem. Postmortem remedies to often be meant should pay high cost.
Tell conversely, be like the person that buy a house to hold to transcendental room to sign again. Specific for, test house when can notice the following these detail: Check building quality in detail, include the place such as window of wall, door, balcony to have without craze phenomenon; The establishment that checks be made clear on business contract, equipment whether to have omit, brand, amount whether conform to; Pipeline of water of examination water, report, natural gas, fluctuation whether debut and whether use normally; Whether does the examination have the problem such as change of program, design or village shrink; Check relevant quality problem and indoor and harmful gas to transcend the problem such as mark. So, organic meeting adopts more is on guard measure. The problem that the person that the proposal buys a house discovers to checking and accept gives on check building sheet make clear, if belong to what cannot control a building really, the reason that should mention expressly not to grant to control a building in detail asks to develop business to sign, affix one's seal.
According to active law provision, after building building, before consign is used, need is obtained build appoint of affix one's seal " construction project complete is checked and accept put on record watch " , and the complete that wants to obtain qualification is checked and accept put on record watch, manage by reconnaissance of construction unit organization, design, construction, inspect above all wait for each to just undertake checking and accept together to project quality, should sign quality qualification document what check and accept qualification. At the same time estate develops a business ought to basis " the provision that commodity house implements guarantee of quality and system of residential operation instruction handbook " , offer to vendee " residential guarantee of quality " , " residential operation instruction handbook " . Offer to vendee " residential guarantee of quality " , " residential operation instruction handbook " ..
Business of the development when handing in a room to check and accept must obtain these documents, and want to be shown to the person that buy a house. Do not live in actual life, the owner that heart controlling a house cuts won't have such is on guard mostly risk consciousness, often go slightly suddenly, when the what has been done cannot be undone just discovers was duped.
The design closes compasses but apparent effect is used make break a promise possibly also
Southern + : Current, the people asks to the living space character of the building not only taller and taller, promote increasingly likewise to the requirement of the dimensional environment outdoor. Specific arrive for this case, whether should limit the communal garden of day eulogy village to be put in owner place to say " is goods incorrect board " problem?
Lin Xunhua: That should see a project whether be passed check and accept qualification normally. Complete is checked and accept in administration this is to execute together put on record make, that is to say after the proper motion such as construction unit, construction unit, design unit undertakes checking and accept, receive check again the file hands in an executive authority to put on record. The executive authority is not to participate in those who check and accept a process commonly, just examine a document whether all ready. So, construction project complete is checked and accept putting on record is after showing construction unit is building project complete to check and accept, check and accept construction project complete the branch such as fire control of report and program, public security, environmental protection to issue approbate a file to perhaps allow the behavior of examine and verify of branch of director of administration of construction of use file telegram, and examine and verify is written examine and verify.
Return a topic, if communal garden is passed check and accept nonexistent " goods is incorrect board " problem, however the problem that property administration does not have appropriate conserve. If do not have the problem of appropriate conserve to happen before the village turns over content to be in charge of, can ask to develop business to undertake responsibility of breach of contract, if be to happen after the village turns over content to be in charge of, undertake responsibility of breach of contract by content canal.
Southern + : Why property tells owner, is public passage added install waterproof establishment to want initiative organization, draw out a waist to hold in the arms oneself, conceited responsibility?
Lin Xunhua: Property makes such announcement, the reason is to develop business to think to design up to specification, without quality problem. If current property has turned over owner, so, according to property regulation eleventh (6) regulation " rebuild, rebuild the building reachs his accessary establishment " decide jointly by owner. But settlement problem is very simple also, want to be able to prove the design closes only compasses but apparent effect is used, can ask to develop trade take remedial action from angle of break a contact.
You have what view to the analysis of above expert and proposal, the welcome lands south + your comment opinion that the client carries house property channel to publish.
[southern ＋ reporter] Feng Shanshu
[author] Feng Shanshu
[origin] group of southern medium signing up for course of study is southern + client end
