Policy document on guaranteed delivery of commercial housing

According to the regulations, the developer must meet the following conditions when delivering the commercial house: 1. It has passed the examination by the construction engineering quality supervision institution. 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. 2. The building to which the residential house belongs must obtain the residential delivery permit. The building to which the residential house belongs needs to obtain the residential delivery permit, which shall be issued by the municipal or district housing and land administration 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. You can log on to the website of the Housing Authority. 3. Obtained the title certificate (large title certificate) of newly-built commercial housing. In fact, as long as you get the "big production certificate", you must meet the conditions listed in Article 1 and Article 2. If there is no "property right card", the developer can't handle the handover procedures. If the developer delivers the house to the buyer in advance, the buyer should reject it.

Legal objectivity:

What are the basic conditions for housing delivery? First, the delivery of the house must obtain legal documents: first, the developer must obtain the record form for the completion acceptance of the building project, which is the result of joint acceptance by the planning, design, construction, supervision, fire protection, environmental protection and other departments. It is the only proof that the quality of the main project of the house meets the standard, and it is also a hard indicator of whether the house has occupancy conditions. In judicial practice, this is regarded as the primary factor whether the house meets the delivery conditions. Secondly, according to the Measures for the Administration of Commercial Housing Sales of the Ministry of Construction, developers must submit "two books" at the time of delivery, namely "Housing Quality Guarantee" and "Housing Instruction Manual". These two delivery documents define the warranty scope and duration of the house and related technical parameters. As one of the evidences for future maintenance and one of the legal delivery documents, it is generally clearly stipulated as the delivery condition in the commercial housing sales contract. Thirdly, the developer must obtain the "Measured Table of Commercial Housing Area" issued by a qualified surveying and mapping unit. This point is also clearly stipulated in the standard terms of the current commercial housing sales contract in Nanjing. Because the house is still under construction at the time of pre-sale, the sales area is the predicted area calculated according to the drawings, and the house has passed the completion acceptance and area calculation at the time of delivery. Therefore, the developer should provide the measured area data as evidence of payment settlement. The real estate license area handled by the owner is also based on the measured area. Second, the delivery of houses should have basic functions: the legal condition of the above-mentioned delivery of houses is the acceptance and confirmation of the quality of the main project of houses. But in addition, the house should also have basic functions when it is delivered, and the blank house should have water, electricity and gas. Indoor facilities and decoration should be accepted according to the standards agreed in the contract, and the acceptance standards are more stringent. Indoor facilities should not only have the use function, but also have the detection indicators such as whether the indoor air environment meets the standard. The owner may refuse to accept the house without water, electricity and gas at the time of delivery. Although it has been opened, it is a hydropower project and belongs to delivery defects. Whether the developer can be held liable for breach of contract depends on the specific terms of the contract. However, developers will generally agree that they will only take remedial measures to meet the standards within a certain period of time and will not be liable for economic compensation. If it cannot be completed within the time limit, the owner has the right to return the house. At present, the owners will basically not return a house because of this, and can only hope to urge the developers to fulfill their relevant obligations. Public facilities, supporting facilities, greening, environment and other issues are also the focus of property buyers. However, if the agreement in the house sales contract is not clear, even if the house is not delivered smoothly, it is difficult for the owner to strongly advocate the relevant rights and interests. As for the publicity of loushu and advertisements, most of them are vague. In judicial practice, they are only regarded as invitations to offer, but not as binding on contracts. Third, the house inspection should distinguish between quality defects and fundamental breach of contract: although the house may have obtained the relevant documents in the first paragraph at the time of delivery, it does not mean that every house can fully meet the quality standards. The common problems found by the owner when he took home inspector to inspect the house are: hollowing, sanding, damaged hardware falling off, water seepage, etc. As long as the problems other than water seepage are within a reasonable range, they are generally recognized as quality defects, not fundamental quality problems that affect occupancy, so they cannot be used as reasons for refusing to accept the house. However, water seepage should be treated differently. If the water seepage area is large, the hidden danger of water seepage cannot be ruled out, which will directly affect the decoration and occupancy. The owner may refuse to repossess the house, and the developer shall be liable for breach of contract before the rectification is completed. However, if it is a small range of water seepage and the problem point can be determined, it belongs to the category of defects. For the quality defects of the house, the owner should close the house on schedule, and the developer should bear the responsibility for the maintenance of the quality defects. The maintenance period is not considered as delayed delivery, but if it exceeds a reasonable period, the owner can claim the loss of delayed occupancy, which is generally the rent of the same type of house in the same lot. The liability for breach of contract caused by delayed delivery and the loss caused by long maintenance period are two different problems. Four. Process of repossession: The developer usually adopts the following process when handing over the house: verification of the owner's identity-settlement of the house area-obtaining the certificate of house handover-paying the property fee-obtaining the key-the property company personnel accompanying the owner to inspect the house-recording the problems after acceptance, and the property company coordinates the developer's maintenance. If there are no problems after acceptance, the delivery is completed. The most contradictory question for the owners of this process is whether to pay the property fee or pay the house first. In this regard, I think the owner has the right to ask for the payment of property fees in the previous house. Because the other party to the contract that establishes the house sales relationship with the owner is the developer, not the property company. After signing the handover certificate and paying the property fee, the developer has completed the delivery obligation. Even if the quality problem is found again, it is only the maintenance responsibility and does not have to bear the responsibility of delayed delivery. At the same time, before the delivery of the house, the property fee should be borne by the developer. From the developer's point of view, this process design has certain skills, which can guide the owners to complete the house collection to the maximum extent and ensure the collection of property fees. In addition, for listed companies, the delivery rate of properties for sale is also one of the important data that investors pay attention to. Therefore, the design of the above process is not difficult to understand. However, at present, most brand developers are still flexible in the specific operation of this process. If the owner insists on paying the property fee in advance, it can generally be met. The above are for reference only, and specific problems still need to be treated differently. Owners should also maintain a rational attitude when safeguarding their own rights and interests.