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What is the legal basis for property inspection?
Legal analysis
The basis for undertaking property inspection is divided into legal basis and contractual basis, among which the legal basis for undertaking property inspection is mainly the Civil Code of People's Republic of China (PRC) and the Regulations on Property Management. The contents and standards of undertaking inspection are mainly based on the Measures for Undertaking Inspection of Property and the detailed implementation rules formulated by the competent departments of urban and rural construction of the people's governments of all provinces, autonomous regions and municipalities directly under the Central Government according to the Measures. The contract basis of property inspection varies according to the different conditions of the property, and the main principle is not to exceed the scope and content agreed in the property service contract. To undertake the inspection of newly-built properties, and the handover parties are property service enterprises and development and construction units, and the inspection is based on the previous property service contract; After the termination of the prophase realty service contract, the realty service enterprise newly selected by the owners' committee and owners' congress shall undertake realty inspection activities according to the realty service contract. Undertaking inspection is different from the completion acceptance of engineering project construction. On the basis of the completion acceptance of the property construction unit, check the property data handed over by the construction unit, the relevant single acceptance report, the relevant qualification certification materials of the * * * used part of the property, the * * * used facilities and equipment, landscaping works and other supporting facilities, and check whether the supporting functional facilities of the * * * part of the property are completed according to the planning and design requirements. To undertake the acceptance, the facilities and equipment shall be adjusted and put into trial operation, and the construction unit shall be urged to solve the problems found in time.
legal ground
Article 284 of the Civil Code of People's Republic of China (PRC) * * * The owner can manage the building and its ancillary facilities by himself, or entrust the property service enterprise or other managers to manage it. The owner has the right to replace the realty service enterprise or other managers selected by the construction unit according to law.
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