What should the property do before the house is delivered?

Ministry of housing and urban-rural development of the people's Republic of China

October 14th, 20 10

Measures to undertake property inspection

Article 1 These Measures are formulated in accordance with the provisions of the Property Law of People's Republic of China (PRC), the Contract Law of People's Republic of China (PRC) and the Regulations on Property Management in order to standardize the property inspection, strengthen the guidance and supervision of the previous property management activities and safeguard the legitimate rights and interests of the owners.

Article 2 The term "property acceptance" as mentioned in these Measures refers to the activities of property service enterprises and construction units to accept the parts and facilities of the property according to the relevant provisions of the state and the stipulations of the previous property service contract.

Article 3 Property inspection shall follow the principles of honesty and credibility, objectivity and fairness, clear rights and responsibilities, and protection of property of owners.

Article 4 Property service enterprises are encouraged to provide property management suggestions to construction units by participating in the design, construction, household acceptance and completion acceptance of construction projects, so as to create favorable conditions for the implementation of property inspection.

Fifth the State Council city housing and urban and rural construction departments responsible for the guidance and supervision of the national property inspection activities.

The real estate administrative departments of the local people's governments at or above the county level shall be responsible for guiding and supervising the property inspection activities within their respective administrative areas.

Article 6 In the property sales contract signed between the construction unit and the property buyer, the location, facilities and equipment configuration and construction standards of the delivered property shall be agreed.

Article 7 The temporary management protocol formulated by the construction unit shall stipulate that all owners agree to entrust the property service enterprise to inspect the parts and facilities of the property on their behalf.

Article 8 The preliminary realty service contract signed by the construction unit and the realty service enterprise shall include the contents of undertaking the realty inspection.

If there is no agreement or unclear agreement on the content of property inspection in the preliminary property service contract, the construction unit and the property service enterprise may supplement it by agreement.

If a supplementary agreement cannot be reached, it shall be implemented in accordance with national standards and industry standards; If there is no national standard or industry standard, it shall be implemented according to the usual standard or the specific standard that meets the purpose of the contract.

Ninth construction units shall, in accordance with the relevant provisions of the state and the property sales contract, transfer the property with clear ownership, complete information, qualified quality, complete functions and complete facilities.

Article 10 The construction unit shall, before the property is delivered for use 15, complete the acceptance of the parts, facilities and equipment used in the property with the selected property service enterprises.

Eleventh the implementation of property inspection, shall meet the following conditions:

(a) the completion of the construction project is qualified, and the approval or permission documents of the competent departments of planning, fire protection and environmental protection have been obtained, and they have been filed by the construction administrative department;

(two) water supply, drainage, power supply, gas supply, heating, communications, public lighting, cable television and other municipal public facilities and equipment have been built according to the planning and design requirements, and independent meters have been installed for water supply, power supply, gas supply and heating;

(three) public service facilities such as education, postal services, medical and health care, culture and sports, sanitation and community services have been built according to the planning and design requirements;

(four) public facilities such as roads, green spaces and property service houses are built according to the planning and design requirements, and meet the functional requirements;

(five) elevators, secondary water supply, high-voltage power supply, fire control facilities, pressure vessels, electronic monitoring systems and other facilities and equipment to obtain the use certificate;

(six) the relevant technical information on the use, maintenance and management of the property is complete;

(seven) other conditions stipulated by laws and regulations.

Twelfth the implementation of property inspection, mainly based on the following documents:

(1) Real estate sales contracts;

(2) Temporary management statute;

(3) The prophase realty service contract;

(4) Property planning and design scheme;

(five) the drawings and materials handed over by the construction unit;

(six) construction quality regulations, policies, standards and norms.

Thirteenth property inspection in accordance with the following procedures:

(a) to determine the property inspection plan;

(2) handing over relevant drawings;

(three) check * * * parts, * * facilities and equipment;

(four) to solve the problems found in the inspection;

(five) to confirm the results of the on-site inspection;

(six) signed a property inspection agreement;

(7) Handling property handover procedures.

Fourteenth on-site inspection 20 days ago, the construction unit shall hand over the following information to the realty service enterprise:

(a) the completion of the general plan, single building, structure, equipment completion drawings, supporting facilities, underground pipe network project completion drawings and other completion acceptance data;

(two) a list of facilities and equipment used in * * * and technical data such as installation, use and maintenance;

(three) water supply, power supply, gas supply, heating, communications, cable television and other licensing documents;

(four) property quality warranty documents and property use documents;

(five) to undertake other materials required for inspection.

If all the materials listed in the preceding paragraph are not handed over, the construction unit shall make a detailed list of the materials that have not been handed over, and make a written commitment to make up the specific time limit.

Fifteenth property service enterprises should check the information handed over by the construction unit, focusing on the factory qualification documents, installation, commissioning and operation of facilities and equipment.

Sixteenth property service enterprises shall conduct on-site inspection and acceptance of the following property * * * parts, * * facilities and equipment:

(a) * * Use parts: generally including the foundation, load-bearing walls, columns, beams, floors, roofs and external walls of buildings, hallways, stairwells, corridors, aisles, handrails, guardrails, elevator shafts, raised floors and equipment rooms;

(2) * * Equipment: generally including elevators, pumps, water tanks, lightning protection facilities, fire fighting equipment, corridor lights, TV antennas, generators, power distribution equipment, water supply and drainage pipelines, wires, heating and air conditioning equipment, etc.

(3) * * Facilities: generally including roads, green spaces, artificial landscapes, fences, gates, letter boxes, billboards, street lamps, drainage ditches, ponds, sewage wells, septic tanks, garbage containers, sewage treatment facilities, parking facilities for motor vehicles (non-motor vehicles), recreational facilities, fire-fighting facilities, safety monitoring facilities, civil air defense facilities and garbage transfer facilities.

Seventeenth construction units should be handed over to the relevant units of water supply, power supply, gas supply, heating, communications and cable television facilities and equipment, not as the content of on-site acceptance of property services enterprises.

Eighteenth on-site inspection should be comprehensive use of inspection, observation, use, testing, inspection and other methods, focusing on the location of the property, facilities configuration standards, appearance quality and use function.

Nineteenth on-site inspection shall form a written record. Inspection records shall include inspection time, project name, inspection scope, inspection method, existing problems, repair situation and inspection conclusion, etc. The inspection record shall be signed and confirmed by the personnel of the construction unit and the realty service enterprise who participate in the inspection.

Article 20 During the on-site inspection, the realty service enterprise shall notify the construction unit in writing that the quantity and quality of the * * * parts and facilities and equipment used by the property do not conform to the agreement or regulations, and the construction unit shall promptly solve the problem and organize the realty service enterprise to conduct re-inspection.

Twenty-first construction units shall assign professionals to participate in the on-site inspection, confirm the results of the on-site inspection with the property service enterprises, and sign an agreement to undertake the property inspection.

Twenty-second property inspection agreement should clearly stipulate the basic situation of property inspection, existing problems, solutions and deadlines, the rights and obligations of both parties, liability for breach of contract and other matters.

Article 23 The property inspection agreement, as a supplementary agreement to the previous property service contract, has the same legal effect as the previous property service contract.

Article 24 The construction unit shall handle the property handover procedures within 10 days from the date of signing the property acceptance agreement, and hand over the property service premises and other parts and facilities used for the property to the property service enterprise.

Twenty-fifth after the entry into force of the property inspection agreement, if one party fails to perform the handover obligations stipulated in the agreement, resulting in the failure to perform the previous property service contract, it shall bear the liability for breach of contract.

Twenty-sixth handover work shall form a written record. Handover records shall include handover data, property location, facilities and equipment, handover time, handover method and other details. The handover record shall be signed and confirmed by the construction unit and the realty service enterprise.

Twenty-seventh phased development and construction of property projects, according to the development progress, to meet the delivery conditions of the property by stages to undertake acceptance. The construction unit and the property service enterprise shall handle the overall handover procedures of the property project when undertaking the last phase of the property.

Twenty-eighth property inspection fees agreed by the construction unit and the realty service enterprise in the prophase realty service contract. If there is no agreement or the agreement is not clear, it shall be borne by the construction unit.

Twenty-ninth property service enterprises shall, within 30 days after the transfer of the property, handle the filing procedures with the following documents to the district and county (city) real estate administrative departments where the property is located:

(a) the prophase realty service contract;

(2) Temporary management statute;

(3) Property inspection agreement;

(four) the list of information handed over by the construction unit;

(5) inspection records;

(6) handover record;

(seven) other documents related to the inspection.

Thirtieth construction units and property service enterprises shall inform the owners of the property inspection and filing in writing.

Thirty-first property inspection can invite the owner's representative and the real estate administrative department where the property is located to participate, and can hire relevant professional institutions to assist in the inspection. The process and results of property inspection can be notarized.

Thirty-second after the handover of the property, the construction unit fails to solve the problems of the parts and facilities used by the property in time according to the agreement of the property acceptance, which causes personal and property safety damage to the owner, and shall bear corresponding legal responsibilities according to law.

Thirty-third after the handover of the property, the construction unit shall be responsible for repairing the hidden dangers of the project quality that affect the safety and normal use of the building structure; Causing economic losses to the owners, the construction unit shall be liable for compensation according to law.

Article 34 From the date of property transfer, the realty service enterprise shall fully perform the maintenance, conservation and management obligations agreed in the previous realty service contract, stipulated by laws and regulations, and determined by industry norms, and bear the responsibility for the damage or loss of the * * * used parts and facilities of the property due to improper management services.

Article 35 A realty service enterprise shall establish archives and properly keep relevant documents, materials and records for inspection.

Property inspection files belong to all owners. If the preliminary realty service contract is terminated and the owners' meeting selects a new realty service enterprise, the original realty service enterprise shall hand over the property inspection file to the owners' committee within 10 days from the date of termination of the preliminary realty service contract.

Thirty-sixth construction units shall, in accordance with the warranty period and scope stipulated by the state, undertake the warranty responsibility for the parts and facilities of the property.

The construction unit may entrust the realty service enterprise to provide warranty service for the parts and facilities of the property, and the service content and expenses shall be agreed by both parties.

Article 37 A construction unit shall not abuse shareholders' rights by virtue of the related relationship, exempt itself from the responsibilities in property inspection, increase the responsibilities of property service enterprises, and damage the rights and interests of property buyers.

Thirty-eighth construction units shall not require property service enterprises to undertake properties that do not meet the delivery conditions or have not been accepted on the grounds that the property delivery period expires.

Thirty-ninth property services companies to undertake the property without acceptance, because of the property * * * parts, * * facilities and equipment defects to the owners, property services companies should bear the corresponding liability for compensation.

Fortieth, if the construction unit and the realty service enterprise maliciously collude, resort to deceit and infringe upon the interests of the owners in the property inspection activities, both parties shall bear joint and several liability for compensation.

Forty-first property inspection activities, the owners have the right to know and supervise. The real estate administrative department where the property is located shall promptly handle the complaints of the owners about the inspection undertaken by the construction unit and the property service enterprise.

Forty-second construction units, property service enterprises do not fulfill the obligation to undertake inspection according to these measures, and the real estate administrative department where the property is located shall order it to make corrections within a time limit; If it is not corrected within the time limit, it will be recorded in the enterprise credit file as a bad business behavior and notified.

Forty-third construction units do not hand over the relevant inspection data, the real estate administrative department where the property is located shall order it to make corrections within a time limit; If it is not handed over within the time limit, the construction unit shall be notified and punished in accordance with the provisions of Article 59 of the Property Management Regulations.

Forty-fourth disputes arising from property inspection, you can apply to the real estate administrative department where the property is located for mediation, or you can entrust relevant industry associations to mediate.

Forty-fifth after the termination of the preliminary realty service contract, the inspection activities between the owners' committee and the realty service enterprise selected by the owners' congress can be implemented with reference to these measures.

Article 46 The competent departments of housing and urban and rural construction of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government may formulate detailed implementation rules according to these Measures.

Forty-seventh approach by the the State Council municipal housing and urban construction department is responsible for the interpretation of.

Article 48 These Measures shall come into force as of 20111.

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