Does the property management company need to be responsible for the housing quality problem?

Property is not necessarily responsible. If it is because of the quality of the house itself, it should be the responsibility of the developer. If it is not because of the quality of the house itself, but because of normal wear and tear, the property should be responsible for maintenance.

First, if the house has quality problems, can you sue the developer or the property management company?

1. If the house is still under warranty, the owner may ask the development and construction unit to give compensation or maintenance. Property management companies belong to the third party that manages property, not commodity producers, and do not need to bear legal responsibility for product quality problems;

2. Outside the warranty period, the property is obliged to carry out routine maintenance (i.e. minor repairs) on the facilities and equipment in the public parts of the house. According to the law, the expenses incurred during the period of medium and overhaul of the property shall be borne by the owner, and after discussion and approval by the industry Committee, the owner shall apply to the housing management department for using the public housing maintenance fund for maintenance. The failure of the property to reflect the situation to the development and construction unit or the industry committee only shows that the service of the property company is not in place, and the owner has the right to propose rectification or suggest replacing the property.

Second, how to correctly solve the housing quality problem

(1) If the quality of the main structure of the house is unqualified and cannot be delivered, or if the quality of the main structure of the house is unqualified after delivery, the buyer may request to terminate the contract and compensate for the losses. Because the quality of the main structure of the house is directly related to the safety of use, it can not be repaired or the cost is too high, the buyer can generally terminate the contract and claim compensation for the losses.

(2) If there are serious quality problems in the house, which seriously affect the normal living and use, the law allows the buyers to cancel the contract and demand compensation for losses.

Of course, if the buyer thinks that it is more cost-effective to ask the seller for maintenance, and bears the responsibility of delivery delay or compensates for other losses caused by maintenance, he can also choose to ask for maintenance.

Three, the daily maintenance and repair of the house shall be borne by the property enterprise. However, the following situations should be classified:

(1) If the newly-built commercial housing is within the warranty period, the construction unit (i.e. the developer) is generally responsible for the maintenance;

(2) If it is caused by self-use parts, man-made damage, improper use and other reasons. , users (generally referred to as owners) will organize their own maintenance;

(3) If there are serious problems such as water seepage and water leakage on the roof and wall due to natural reasons such as long service life, it shall apply for the maintenance of the building and its affiliated facilities according to law;

Legal basis:

Regulations on quality management of construction projects

Article 41

In case of quality problems in construction projects within the warranty scope and warranty period, the construction unit shall fulfill the warranty obligations and be responsible for the losses caused.

property management regulations

Article 55

If there are potential safety hazards in the property, which endanger the public interests and the legitimate rights and interests of others, the responsible person shall timely repair and maintain it, and the relevant owners shall cooperate.