Can I close the house without a record form for the completion and acceptance of the house construction project?

1. Pay attention to receiving the check-in notice in time psb.jpg1. This is the first step in repossession. Pay attention to the deadline. Generally, the time limit agreed by developers is within 30 days after the notice is issued, and the buyers will arrange their own time. 2. After receiving the occupancy notice, we must first judge whether the developer delivers the house as scheduled. If the delivery is overdue, it is necessary to make suggestions, decide whether to look at the house according to the developer's reply, and look at the house according to the time agreed in the notice. Special note: 1. Pay attention to the closing date of repossession, it will be very troublesome to miss the repossession date. 2. The date of repossession can be advanced, but not postponed. If the actual delivery date exceeds the date of repossession agreed in the contract, you can consider claiming compensation from the developer according to the contract. 3. In case of special circumstances, you can entrust relatives, friends and lawyers in writing, or you can contact the developer in time to make another appointment and confirm in writing. 4. If the property buyer fails to go through the relevant formalities at the designated place within the agreed time, from a legal point of view, it is generally considered that the developer has actually delivered the house to the property buyer for use, and the property buyer shall bear all the risk responsibilities and taxes of the house purchase from the date of notification deadline. 2. Determine whether the house meets the delivery conditions psb( 1).jpg 1. Completion Acceptance Record Form & the most important record form for the completion acceptance of housing construction projects and municipal infrastructure projects, is the most important document at present. This form is formulated by the Ministry of Construction to standardize the record management of project completion acceptance. After joint inspection by design, supervision, construction unit and construction unit, it will be completed within 15 days and filed with the construction administrative department. In the Record Form of Project Completion Acceptance, as long as it is sent to the competent department for the record, the employer must be responsible for the property for life. Therefore, the "Completion Acceptance Record Form" has a strict binding effect on real estate developers. According to the relevant regulations, each item on the form must be reported to the relevant competent department for the record. Without any item, the property is a "dark building" and cannot be occupied. Property buyers have the right to refuse to accept the house. 2. "Residential Quality Guarantee" The "Residential Quality Guarantee" is a commitment made by the developer to the quality of the house and the warranty period and scope. It must be an annex to the purchase contract and have the same effect as the purchase contract. So remind me to check the specific paragraphs carefully and pay special attention to the warranty period. 3. "Residential Instruction Manual" The residential instruction manual refers to the specific technical indicators in the design, construction and acceptance of the house, such as seismic indicators and wall structure types. 4. Construction engineering quality certificate. 5 real estate development and construction project completion comprehensive acceptance certificate. 6. Special notice for registration form of measured area: 1. Only with the above documents can the specific delivery conditions of the house be explained. Therefore, before closing the house, it is necessary to review the relevant documents and confirm that the house has the delivery conditions before further handover work such as house inspection, settlement of fees and turnkey can be carried out. So pay attention to these documents, especially remind you to look at the original, not the copy. 2. The construction project completion record form is the most important document. When closing the house, we should not only see whether the developer has this filing form, but also carefully check whether all the sub-items have been filed. This is the premise of recovery. Even if the developer does well, if it doesn't have this form, it means that it doesn't have the standard of handing over the house at all, and you have the right to refuse to take over the house. 3. For these documents, on the one hand, we should check whether they exist, on the other hand, we should also check their legality. 4. If the developer refuses to produce these documents, or the documents are incomplete, he can ask the developer to sign the Responsibility Confirmation Letter on the Seller's Refusal to Produce the Residential Quality Guarantee, Residential Instruction Manual and Construction Project Completion Acceptance Record Form according to Article 11 of the house purchase contract. 5. Remind you that you can take the residential quality guarantee, residential instruction manual and pipeline distribution completion map with you as evidence. 6. If the developer cannot provide the above-mentioned relevant documents, the purchaser has the right to refuse to accept the house, and the responsibility for overdue delivery shall be borne by the developer. Third, the house inspection psb (2). Jpg In the process of repossession, we must master a principle: "repossession in advance". That is, the property buyers must check the house in advance (including the necessary documents for house inspection and delivery), and then sign the house collection documents after confirmation. "Advance receipt" not only conforms to commercial practice, but also has legal basis. The consideration of the house is the house price. As long as consumers pay the house price, or pay a corresponding proportion of the price according to the contract, they will fulfill their contractual obligations, and developers should pay the house. Before the house is delivered, the owner has the right to check and accept the house first: 1. Check the housing area: ask the developer to issue a survey report on the measured area, and check whether there is any error in the sales area and the range of error rate according to the measured area of each house area approved by the professional measurement unit affiliated to the Housing and Land Administration Bureau; If the measured area error exceeds 3%, the house can be closed. 2. Inspection of house quality: Buyers should carefully check the quality of commercial houses when they accept the house, mainly from the following aspects: (1) The quality of the house itself; (2) Whether the supporting facilities such as landscape greening, community facilities and facilities standards conform to the contract. (3) Special tips on decoration quality: 1. We must master the principle of "receiving first". 2. If the developer refuses to go through other delivery procedures before the delivery of the house, the buyer may ask the developer to sign the Confirmation Letter on the Seller's Refusal to Deliver the House for Inspection, and then stop the formalities. 3. Buyers should understand the pool area and related knowledge to prevent developers from occupying it. 4. If quality problems are found, the developer shall fix them within a time limit, and the buyer requires the developer to sign a written letter, which leads to the owner's overdue occupancy, and the developer shall bear the liability for breach of contract. 5. As long as the house payment is paid and the buyer has fully fulfilled the contractual obligations as agreed in the contract, the developer should hand over the house unconditionally, otherwise it should be regarded as a breach of contract by the developer. If the developer refuses to hand over the house, it shall bear the responsibility of overdue delivery. Developers have no right to refuse to hand over the house for any reason such as "unpaid related fees". 6. Don't take the model house standard as the realistic standard, unless the developer specifies the relevant decoration standard in the contract according to the model house standard. Fourth, the final result of new house acceptance psb(3).jpg 1. If there is no problem with the house inspection, fill in the House Inspection Handover Sheet and other relevant documents according to the actual acceptance. On this record sheet, the inspection shall be recorded item by item. For any items that cannot be confirmed, the words "temporarily unclear" and "legally recognized" shall not be recorded or written. If problems are found, record them truthfully and ask the developer to deal with them within a time limit. 2. If you are not satisfied, you can put forward your opinions and fill them in the house inspection handover form as a written basis. If the developer fails to prepare the relevant forms, the buyer shall send them to the developer in another written form. If problems are found, the buyer and the seller can solve them through negotiation. If the goods can be decorated, relevant rectification and maintenance documents should be signed through consultation, and the next acceptance time should be agreed (generally not more than 30 days). 4. The problems found should be specified in the house inspection list. If it is really impossible to repossess the building, the reasons for not repossessing the building should be explained in detail, and the developer should be required to sign and seal it. Special note: 1. Principles to be adhered to after house inspection: as long as problems are found, no matter how big or small, they should be recorded in relevant documents or forms, no matter how the house collectors accompanied by developers say; If the building doesn't prepare the acceptance registration form at all, you should bring your own pen and paper and record them one by one. 2. The behavior of the property company cannot represent the developer (unless there is a clear written authorization), so don't sign a document with the property company on the issue of housing quality. 3. If problems are found during house acceptance, the developer must confirm with seal and agree to the treatment plan. 4. If the developer refuses to stamp to confirm the problems existing in the house, it is necessary to obtain evidence to prove that it is not that the buyer failed to close the house on time, but that the house to be delivered by the developer does not meet the contract or legal conditions. Matters needing attention: The following questions are often encountered by property buyers in the process of buying and collecting houses, especially such consulting questions. List the key points for attention and remind consumers to pay attention so as to safeguard their own rights and interests. I. Taxes and fees related to house purchase (1) The following taxes and fees should be paid for the sale of commercial houses: 1, deed tax 2, transaction fee 3, stamp duty on sales contracts 4, public maintenance fund 5, registration fee of house ownership 6, stamp duty on house ownership 7, production fee of property right certificate (2) Special explanation on the tax and fees: public maintenance fund should be paid in accordance with laws and most house purchase contracts. 1. Deed tax Deed tax is the tax paid by the owner to the state when obtaining the real estate license. Payment time: deed tax can only be paid at the time of transfer. Special note: Except for the tax authorities, no unit has the right to levy. Implementation: the owner does not need to pay deed tax to the developer when he moves in, but can go directly to the tax bureau to apply for the real estate license. 2. Public Maintenance Fund This fund is different from the property management fee. It is only used for overhaul, renewal and transformation of residential * * * parts and * * * facilities and equipment after the warranty period expires. Tax rate: 2% of the transaction price of the house. Special note: No developer or property company has the right to collect or collect overhaul fund. This money should be given to the community office. If you give overhaul fund to the developer, you probably won't get it back. 3. The principle of collecting area mapping fees is "whoever entrusts it pays". The purchase contract has stipulated the developer's obligation to provide area measurement data to the buyers, so the expenses should be paid by the developer. 4. One-year property management fee Property management fee Water and electricity deposit Special note: It is not illegal for ordinary communities to pay property fees for less than one year. Property management service charges should be clearly marked, and the charging items and standards and charging methods should be announced in the business premises or charging places. 5. The owner of the property agency fee has the right to choose to handle the title certificate by himself, and the developer has no right to forcibly charge the owner. Second, the area problem is one of the most concerned contents of consumers. Property buyers, especially auction houses, must take into account the possible errors between the contract area and the actual area, and take precautions with additional clauses when signing the contract. (1) Problems: 1. There is an error between the contracted area and the measured area of commercial housing, which has always been the focus. Consumers are often in a passive position because of area disputes. It is suggested that buyers should make detailed agreements on possible problems in the purchase contract to safeguard their own rights and interests. 2. Developers can sometimes use pool and area measurement to encroach on the legitimate interests of property buyers, which is not easy to be found. Accurate measurement of housing area is the work of professionals, and it is impossible for ordinary property buyers to complete it. Secondly, the manual operation characteristics and normal error of area measurement are hard to avoid, and it is easy for some developers to make artificial deviations, occupying the area of one or two meters of buyers. Moreover, due to the lack of consumer knowledge and asymmetric information in the process of buying a house, it is easy for developers to steal the column and add the non-shared area to the shared pool. (2) How to solve the area error? Area error: According to the relevant regulations, if the measured interior area or building area (including pool area) of the house is inconsistent with the agreed area in the house sales contract due to the design change of the buyer and the seller, it shall be handled according to the contract. If there is no agreement in the contract or the agreement is unclear, it shall be handled according to the following principles: (1) If the absolute value of the area error ratio is within 3% (including 3%), the house payment shall be settled according to the price agreed in the contract; (2) If the absolute value of the area error ratio exceeds 3%, the purchaser may request to return the house. Within 30 days after the Buyer cancels the house purchase, the developer shall refund the paid house price and pay the interest on the paid house price. If the buyer agrees to continue to perform the contract, if the actual area of the house is larger than the area agreed in the contract, the house price with an area error ratio of less than 3% (including 3%) shall be made up by the buyer according to the agreed price, and the house price with an area error ratio of more than 3% shall be borne by the developer and the ownership shall belong to the buyer; If the actual area of the house is less than the area agreed in the contract, the developer shall return the house price and interest for the part with the area error within 3% (including 3%), and the developer shall double the house price for the part with the absolute area error exceeding 3%. Special note: 1. If you want to measure the real area of the commercial house you bought, first of all, the buyers ask for the building completion drawing and ask experts to calculate it according to the drawing. 2. When signing a contract, the terms should be stipulated in detail, and the treatment method should be agreed when there is an error between the actual area and the registered area of property rights. If the treatment method is not agreed in the contract, the purchaser has the right to return the house when the absolute value of the area error ratio exceeds 3%. (3) The principle of sharing the area of public buildings in common parts: 1. The allocation of public construction area of commercial housing is based on buildings. The shared public building area is the public building area in this building, and the public building area that is not connected with this building shall not be shared into this building. 2. The public construction area serving the whole commercial house is shared by each commercial house in the building; The public building area serving the local area shall be shared by the beneficiary commercial houses. If the public building area is shared many times, the sharing coefficient shall be calculated separately. The shared public construction area of each commercial house is the sum of the shared public construction area. 3. After sharing the public construction area, the specific parts of the shared construction area of each set of commercial housing will not be divided, but no one may occupy or change the use function of the original design. The shared public building area consists of the following two parts: 1, elevator shaft, stairwell, garbage chute, power distribution room, equipment room, public hall and aisle, basement, guard room on duty, and other functional public and management rooms serving the whole building; 2. Half of the horizontal projection area of the partition wall between the suite (unit) and the public building space and the external wall (including gables). Basement, garage, etc. , has been sold or leased as an independent use of space, should not be included in the public construction area, as a civil air defense project basement is not included in the public construction area. Inapproachable public building spaces: 1, warehouses, motor vehicle garages, non-motor vehicle garages, driveways, heating boilers, etc. , as the basement of civil air defense engineering and independent use space with independent use function. 2. Sell the self-occupied house of the unit. 3. The guard room and management (including property management) room serve multiple houses. 4. For the semi-basement, regardless of the structure of the light well, it is not included in the construction area. Special note: 1. When signing a contract, it is necessary to clearly stipulate the specific sharing matters. 2. Before the pre-sale of commercial housing, the selling unit shall submit a measurement report on the pre-sale area of commercial housing to the pre-sale management department of commercial housing. If the design change of pre-sale commercial housing involves the area of pre-sale housing, the area calculation report shall be re-submitted. When a sales unit sells (presales) a commercial house, it shall stipulate the sales area, shared public building area and public building parts of the commercial house in the sales (presales) contract (including supplementary agreement). 3. If other non-operating houses benefited by other buyers need to be shared, the name of the house and the shared total construction area shall be specified in the sales (pre-sale) contract. Third, there is something wrong with reviewing the sales advertisement (1): "The greening rate of our community has reached ... Our community is equipped with primary schools, kindergartens, clubs ..." Buyers are often confused by the beautiful rhetoric above, but it is not until they actually accept the house that they find it is far from reality. In reality, false propaganda and changing community planning are also the usual tricks of some developers; In addition, the decoration standard does not meet the contract or the developer's commitment. One of the key points of repossession is to ask developers how to fulfill their promises. (2) Solution 1. Pay attention to the usual forensics. For example, when buying a house, loushu and advertisements must be kept well. When you can afford to buy a house, take a photo of the sand table in the sales office. When you close the house, you should look at the environment according to the planning of the community. According to the relevant judicial interpretation, such advertisements can be used as an offer and presented as evidence in court, requiring developers to honor their promises. 2. Always defend your rights. Once there are signs that the residential planning has been changed, buyers must negotiate with relevant departments and developers as soon as possible to avoid the formation of facts and the situation of "winning the case and not implementing it". 4. Legal check-out conditions: In the process of house acceptance, if the owner finds that there are quality problems in the purchased commercial houses, can he check out all of them? There are several legal conditions for checking out: 1. Invalid purchase contract: in practice, the common situations that lead to invalid purchase contract are: ① the developer has no right to dispose of the property; (2) The developer is fraudulent. 2. Rejection due to the wrong apartment type: If the pre-sold house priced according to the apartment type (unit) does not conform to the design drawings, or the relevant dimensions are out of the agreed error range, and the treatment method is not agreed in the contract, the purchaser may reject the house. 3. Area error leads to house rejection: the absolute error ratio between the actual delivery area of the house and the original contract exceeds 3% (excluding 3%). 4. The change of planning and design leads to return a house: the developer changes the housing structure and supporting environment agreed in the contract without the approval of the relevant departments; The developer changed the building structure without the buyer's consent. 5. If the quality of the main structure of the house is unqualified due to unqualified quality, the entrusted engineering quality inspection agency shall verify it in accordance with relevant regulations, and the buyer has the right to return the house. Special note: 1. Because the whole building of the house is not completed, it is impossible to accept it, so the buyer cannot accept the house without obtaining the "three books, one certificate and one form". 2. When the above legal check-out conditions occur, the purchaser chooses to check out when one of the above circumstances occurs, and the relevant liability for breach of contract shall be borne by the developer. If the developer does not agree to return the house, the purchaser may bring a lawsuit to the people's court with jurisdiction. 3. If the above conditions are not met, but the house does have quality problems, the purchaser has the right to ask the developer for maintenance, so the developer will compensate for the losses. 5. Special suggestion: Collective foreclosure can be considered. In the process of buying a house, many professional problems are often involved, and it is sometimes difficult to solve the problems only by the personal strength of consumers. Here, I especially recommend that you consider collective foreclosure and combine the strength of experts to solve all the problems you encounter. The legal basis of intransitive verb refusing to accept the house: under what circumstances can the buyer refuse to accept the house? According to relevant laws and regulations such as the Residential Building Code, the Measures for the Administration of Commercial Housing Sales, and the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Disputes over Commercial Housing Sales Contracts (hereinafter referred to as the Judicial Interpretation), in any of the following twelve cases, the buyer may refuse to take over the house according to law and require the developer to bear the liability for breach of contract for late delivery: 1, failure to complete the acceptance or failure to obtain the completion acceptance filing form. Basis: the house purchase contract and Article 1 1.0. 1 of the Residential Building Code; 2, did not obtain the approval documents of local planning, fire protection, civil air defense and other relevant departments or allow the use of documents. Basis: Article11.0.1-1of the Residential Building Code; 3. There is no condition that the roads in the residential area are smooth and water, electricity and gas have been connected. Basis: Article 1 1.0. 1-2 of Residential Building Code; 4, do not provide residential quality guarantee, residential instructions and other documents that must be provided. Basis: Article 32 of the Measures for the Administration of Commercial Housing Sales; 5. The developer delays the delivery of the house without reason and fails to deliver the house within three months after being urged by the buyer. Basis: Article 15 of the judicial interpretation; 6. The developer changes the housing structure and supporting environment agreed in the contract without the approval of the relevant departments. Basis: Paragraph 1 of Article 24 of the Measures for the Administration of Commercial Housing Sales; 7. The developer agrees to change the planning and design of the commercial house, but the buyer disagrees. Basis: Paragraph 2 of Article 24 of the Measures for the Administration of Commercial Housing Sales; 8. Developers can set preconditions for the delivery of houses at will (for example, when notifying the repossession, consumers are required to pay the property management fee in advance, and the collection fee is mandatory. ). Basis: Article 30 of the Measures for the Administration of Commercial Housing Sales, etc. (However, if it is stipulated in the house purchase contract in advance that the property management fee paid in advance by the buyer or the fee collected and remitted by the developer is a prerequisite for the delivery of the house, it shall be agreed by both parties). 9. Unable to provide the measured data of housing area issued by qualified surveying and mapping departments. Basis: Article 34 of the Measures for the Administration of Commercial Housing Sales; 10. If there is no agreement in the contract and the absolute value of the actual delivery area of the house exceeds 3% (excluding 3%), you can refuse to hand over the house and terminate the purchase contract. Basis: Article 14 of the judicial interpretation; 1 1. After verification by a qualified quality inspection agency, the quality of the main structure of the house is unqualified. Basis: Article 12 of the judicial interpretation; 12. There are quality problems in the house, which seriously affect the normal living and use. Basis: Article 13 of the judicial interpretation.