Regulations of Shenyang Municipality on Warranty of Construction Projects

Article 1 In order to strengthen the quality management of construction projects and safeguard the legitimate rights and interests of owners and users of construction projects (hereinafter referred to as users), these Regulations are formulated in accordance with the provisions of relevant laws and regulations and combined with the actual situation of this Municipality. Article 2 These Regulations shall apply to the warranty of industrial buildings, civil and public buildings and structures newly built, rebuilt and expanded within the administrative area of this Municipality. Article 3 The municipal administrative department of construction is the competent department of construction project warranty, and shall exercise unified supervision and management over the construction project warranty in this Municipality. City, District, county (city) engineering quality supervision department is responsible for the supervision and management of construction project warranty. Fourth construction projects to implement the quality warranty period system. When the construction contractor declares the project completion acceptance, it must submit the signed project warranty, which will be handed over to the user by the receiving unit after the project completion acceptance. During the warranty period of the construction project, if there are any quality problems, the construction contractor or the construction unit (hereinafter referred to as the responsible unit) must provide free warranty in time to ensure the quality. The warranty liability is not limited by the warranty period if there are structural quality problems affecting the use and safety identified by the appraisal unit recognized by the relevant state departments. If users are damaged due to engineering quality problems, compensation shall be made in accordance with relevant laws and regulations. Article 5 A construction contractor shall also provide the User's Manual for the Use of the House when the construction project is completed and accepted, so as to prevent improper use and quality problems. Article 6 Scope and duration of warranty for construction projects:

(1) The warranty period of internal and external wall leakage prevention, roof waterproofing and basement waterproofing works in civil engineering is three years. Other civil works: leakage, flooding and water accumulation in toilets and kitchens; The balcony drain pipe is blocked, water enters, water accumulates, and the window sill leaks; The indoor ground is empty, sanded and cracked; Cracking, bulging and falling off of internal and external walls and ceilings; Doors and windows are warped, the switch is ineffective or the gap exceeds the regulations; Paint and coating peeling; If the step drainage slope is damaged or sinks, the warranty period is one year.

(2) Installation of electrical pipeline and water supply and drainage pipeline: water supply pipeline leaks; Slope, blockage and leakage of sewage pipes; If the electrical installation is not up to standard, it will be guaranteed for one year.

(three) heating and cooling projects, the warranty period is a heating period or a cooling period.

(four) the warranty period of the building decoration project is one year.

(five) the warranty period of other projects, according to the relevant provisions of the state or according to the provisions of the contract signed by the construction unit and the construction unit. The warranty period of the construction project is calculated from the date of completion and acceptance of the project. Among them, after the residential project is completed and accepted, it is calculated from the date when the user moves in. Seventh engineering quality problems caused by earthquake, flood, typhoon and other force majeure. The engineering quality problems caused by users' disassembly, modification, maintenance and improper use do not belong to the engineering warranty scope. Article 8 During the warranty period of a construction project, users have the right to claim warranty and compensation from the responsible unit or complain to the quality supervision department of the construction project. Article 9 The municipal, district and county (city) engineering quality supervision department shall designate a special person to accept and register user complaints, find out the reasons, clarify the responsibilities, organize appraisal when necessary, timely notify the relevant responsible units for warranty, and implement supervision. Article 10 After receiving the warranty requirements of users or the warranty notice from the engineering quality supervision department, the responsible unit must send people to the site to check the situation within three days. If it really belongs to the scope of project warranty, it shall jointly determine the warranty content with the user and guarantee it within fifteen days. In the project warranty, users should cooperate. Eleventh the quality of the warranty project must be signed by the user acceptance, or acceptance by the engineering quality supervision department. The acceptance of warranty items shall conform to the requirements of national codes, regulations, standards and original design drawings. Twelfth construction projects within the prescribed warranty period, due to construction, survey and design, construction, supervision, testing and other reasons, the responsible party shall bear the corresponding quality responsibility and bear the maintenance costs. If the responsible unit is dissolved, revoked or declared bankrupt, the warranty shall be implemented by the competent authority; Where the responsible unit is divided, merged or otherwise changed, the warranty responsibility shall be borne by the changed unit. Thirteenth in the warranty period, due to the quality problems caused by unqualified building materials and building components, the relevant units shall bear the quality responsibility and bear the maintenance costs according to the following provisions:

(a) belongs to the construction unit procurement, quality responsibility shall be borne by the construction unit;

(two) belongs to the construction unit procurement, the construction unit shall bear the responsibility for quality;

(three) belongs to the engineering quality inspection unit to provide false or wrong test report, the engineering quality inspection unit shall bear the quality responsibility. Fourteenth construction projects to implement the warranty mortgage system. When reporting the completion quality verification, the construction unit shall deposit the warranty mortgage into the special account opened by the engineering quality supervision department in the bank in accordance with the standards stipulated in Article 15 of these regulations, or the construction unit shall transfer it in one lump sum from the project settlement price. The engineering quality supervision department shall exercise unified supervision and management over the deposit, use and refund of the warranty mortgage. Fifteenth construction project warranty mortgage standard:

(a) residential projects are levied at 3% of the project cost;

(two) industrial and public buildings according to the project cost1/5%;

(three) other projects according to the proportion determined by the construction unit and the construction unit in the contract.