What are the conditions for handing over the house?

According to the regulations, developers must meet the following conditions when delivering commercial housing:

First, the construction engineering quality supervision institutions have passed the verification. Commercial housing is generally verified by the construction quality supervision station of the district or county where it is located, and a written certificate is issued to prove whether it is qualified. Qualified, must also indicate the quality level, such as qualified, excellent, etc.

Two, residential housing is a building that must obtain a residential delivery permit. The residential delivery permit is issued by the municipal or district housing development bureau. Houses that have not obtained a permit shall not be delivered for use, and the public security household registration management department shall not register in registered permanent residence. ?

Third, handle the initial registration of real estate and obtain a new commercial housing real estate certificate, commonly known as the "big production certificate". In fact, as long as you get the "big production certificate", you must meet the conditions listed in Article 1 and Article 2. Didn't take it? Quot title certificate ",the developer can't handle the handover procedures, and if the developer delivers the house to the buyer in advance, the buyer shall refuse to accept it. Many property buyers entered the site for renovation in advance when the developer's house did not meet the statutory delivery conditions. When the delivery period expires, the developer cannot deliver the house that meets the standards agreed in the contract. Or the match is not in place; Or quality problems or property rights disputes; Or part of the fees have not been paid, resulting in the inability to obtain the residential delivery permit and the real estate license of commercial housing on time. At this time, property buyers can only be in a dilemma: check out, has invested a lot of decoration funds, time and energy; If you don't pay it back, life is really inconvenient, or you can't live at all. Moreover, even if it is required to return a house, the property buyers can't ask the developers to compensate for all their economic losses, because the property buyers are also at fault and should bear certain responsibilities for the losses caused by the early decoration. ?

What is the handover procedure?

I. Matters needing attention

After obtaining the property right certificate of commercial housing, the developer shall notify the buyer in writing to accept and hand over the house within the agreed time. The term of repossession agreed by the developer is generally within 30 days after the notice of repossession is issued. According to the relevant regulations, if the buyer fails to go through the relevant formalities at the designated place within the agreed time, it is generally deemed that the developer has actually delivered the house to the buyer for use.

Second, the acceptance

Property buyers shall, in accordance with the standards stipulated in the purchase contract, check and accept the quality of housing projects and supporting facilities one by one, and make records. At the same time, don't neglect to check whether the property rights of the house are clear. At the time of acceptance, the developer should take the initiative to show the quality inspection certificate of the construction project and the real estate license of the commercial house to the buyers. Developers do not produce, property buyers can refuse to accept, developers should bear the responsibility.

Three, provide the "residential quality guarantee" and "residential instructions"

According to the relevant laws and regulations, such as "Provisions on Implementing the System of Residential Quality Guarantee and Residential Instruction Manual for Commercial Housing", when the commercial housing is delivered for use, the residential quality guarantee and residential instruction manual shall be provided. According to this regulation, the "Residential Quality Guarantee" is a legal document for the developer to bear the quality responsibility for the commercial housing sold, which can be used as a supplementary agreement for the pre-sale and sale contract of commercial housing and has the same effect as the contract. The developer shall bear the warranty responsibility in accordance with the "residential quality guarantee". Developers do not provide, property buyers can refuse to sign the housing handover book. After the commercial housing is sold, if the property management company and other units are entrusted for maintenance, the entrusting unit shall be clearly defined in the "Residential Quality Guarantee"; The "residential instruction manual" shall explain the structure and performance of the house and the types, performance and standards of each part (component), and put forward the matters needing attention in use.

Four. Sign the house handover book

Property buyers to check the house and its property rights, that meet the conditions agreed in the contract, should sign a house handover book with the developer; For those who do not meet the contract, they should make records and ask the developer to sign until the developer's house fully meets the delivery standards, and then sign the house handover book.

What responsibility should I bear for late delivery?

Article 7 of the model text of commercial housing sales contract is about the buyer's liability for breach of contract for overdue payment, and Article 9 is about the seller's liability for breach of contract for overdue delivery, which are corresponding. According to the principle of fairness in contract law, the obligations of the buyer and the seller in Article 7 and Article 9 should be equal. However, in practice, some developers fill in the contract text in advance, which obviously violates this principle of fairness. If the developer agrees to Article 7? Quot If the overdue period exceeds 30 days, the seller has the right to terminate the contract. If the seller terminates the contract, the buyer shall pay the seller a penalty of 5% of the accumulated payables. "Article 9 stipulates:" If the overdue period exceeds 90 days, the buyer has the right to terminate the contract. If the Buyer terminates the contract, the Seller shall return all the paid-up payment within 30 days upon the service of the Buyer's notice of termination of the contract, and pay 3% of the accumulated paid-up amount to the Buyer as penalty. "For similar unfair agreements, buyers should be vigilant. The ideal result is to unify the numbers that need to be filled in the blanks in articles 7 and 9 as much as possible. However, some properties, especially those in short supply, are often not easily compromised by developers. Buyers had better argue and try to narrow the gap between them. Once there are problems in the performance of the contract, you can better safeguard your legitimate rights and interests.

Can I be held accountable for overdue delivery after the house is closed?

Don't worry about the developer's overdue delivery, and don't worry that once the house is closed, the developer can no longer be held accountable for breach of contract. Because: first, there is no clear order between repossession and investigating the developer's responsibility for overdue delivery, and there is no law that the developer can't be investigated for breach of contract after repossession; Second, in the case that the developer has overdue delivery and has no exemption, whether and when to investigate the developer's liability for breach of contract is entirely the property buyer's own right; Third, unless the buyers explicitly give up, the repossession itself does not mean that the buyers give up the responsibility of investigating the developer's breach of contract. Of course, there is a statute of limitations to investigate the developer's liability for breach of contract, and the property buyers should claim their rights within two years from the date of the developer's actual delivery.

In addition, you can't refuse to accept the house because the developer didn't bear the responsibility for breach of contract in advance. Because when the delivery conditions are met, as long as the developer issues the delivery notice according to the contract, even if you don't come to collect the house according to the contract, it is deemed that the developer has fulfilled the delivery obligation, and the risk of damage or loss of the house is transferred to you on the delivery date determined in the delivery notice. In this case, refusing to accept the house is not good for you.

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