After nearly two years of argumentation, drafting, and revision, it was approved by the Thirteenth People's Congress of the 13th Shenyang Municipal People's Congress. On May 26, it was approved by the Standing Committee of the Tenth People's Congress of Liaoning Province 25th The “Shenyang Construction Project Warranty Regulations†approved by the meeting is currently promulgated and implemented. This is by far the only local regulations in the northern region of China regarding the warranty of construction projects. It covers a wide range of areas and provides specific and clear provisions for protecting the rights of building users according to law. On August 3, when the drafters of the regulations were interviewed by reporters, they detailedly analyzed the issues that are closely related to people’s lives in the regulations.
[Content Summary]
â— House waterproofing, toilets with waterproof requirements, room and external walls are leak proof, and the warranty period is 5 years.
â— Other civil works, such as leaks on the balcony sill, indoor floor hollowing and cracking, deformation of doors and windows, etc. The warranty period is 2 years.
â—Electrical pipelines, upper and lower water pipeline installation works, the warranty period is 2 years.
â— Architectural decoration works, the warranty period is 2 years.
â— After receiving the warranty request from the user, the responsible unit must send a person to the site to check the situation within 3 days and give the warranty within 15 days.
â— After discovering quality problems, the user should seek representation from the construction unit, that is, the development unit and the sales unit. If the quality is caused by the construction unit, the construction unit should seek the construction unit to negotiate, users do not have to directly find the construction unit.
◠The contractor’s warranty period for construction projects shall be calculated from the date of completion acceptance of the project; the warranty period for construction users to the user shall be calculated from the date the user obtains the residence permit notice.
The warranty period is extended from 1 to 2 to 5 years
The “Regulations†stipulates that the scope and duration of warranty for construction projects are: waterproofing works for roofs, bathrooms with waterproof requirements, and leakage prevention for rooms and external walls. The warranty period is 5 years. Other civil works: balcony sill leaking; indoor floor hollowing, sanding and cracking; interior and exterior walls and ceiling decoration repair cracking, drumming and shedding; doors and windows deformed, switch is not working; paint, paint peeling; step drainage slope fracture, sinking, etc. , The warranty period is 2 years. The warranty period for the same issue under the original "Regulations" is 1 year.
The “Regulations†also stipulates the installation of electrical pipelines and water pipes; the leakage of water pipes; the backward slopes, plugging and leakage of sewage pipes; the installation of electrical appliances does not comply with the standard and the warranty period is 2 years. The warranty period for the same type of issue is 1 year in the original "Regulations."
The warranty period for heating and heating projects is stipulated in the "Regulations" as two heating periods or cooling periods, and the original "Regulations" stipulates that there is one heating period or cooling period.
The warranty period for building decoration works is stipulated in the “Regulations†as 2 years and the original “Regulations†as 1 year.
The "Regulations" clearly stipulates that the municipal, district and county (city) engineering quality supervision departments shall set up special personnel to receive complaints from users. After receiving the warranty requirements from the user or the project quality supervision department, the responsible unit must send a person to the site within 3 days to check the situation. It is within the warranty scope of the project and determines the warranty content together with the user. The warranty is given within 15 days. Relevant department personnel said that if it is affected by weather and other factors and restrictions, can not be given within 15 days of warranty, it should also actively discuss with the user to determine the warranty period.
Regarding the start time of the construction project warranty period, this time also made a clear stipulation that the construction company's warranty period for construction projects should be calculated from the date of completion acceptance of the project. The warranty period for the construction unit to the user is from the user. Calculated from the date of obtaining the residence notice. The author of the "Regulations" further explained to the reporter that for the average building user, the start time of the warranty period is neither the completion time of the building nor the user's check-in time, but the time for obtaining the quasi-advice notice. this point is very important. As a user, you should keep a good quasi-residence notice, which is the basis for confirming the start time of the warranty period. However, it should also be stated here that the “Regulations†stipulate that due to the irresistible force caused by earthquakes, floods, typhoons, and other engineering quality problems, and the quality of the project caused by the demolition, modification, repair, and improper use of users, it is not covered by the scope of the project warranty. .
There is no quality problem
In the past, after the user stayed in, if he found that the housing had quality problems, he would often look for someone who was not responsible for it, causing you to look for A today, A look for B, B tomorrow for B, B for C, C day for C, C C for . To find the responsible person, the user does not know how many ways to run, how many knocks, and how many Buddhas he worships. Today, the “Regulations†have clearly defined the requirements for users who have quality disputes: The construction project implements a quality warranty system. Adhere to the principle that the construction unit is responsible to the user and the construction unit is responsible to the construction unit. The identification of appraisal units that have been identified by the relevant authorities of the country has structural quality problems affecting the use and safety, and are not subject to the limitation of the warranty period. If a user causes damage due to a project quality problem, the responsible unit shall pay compensation in accordance with relevant regulations.
The relevant staff of the municipal construction committee said that under normal circumstances, when a user purchases a commercial house and finds quality problems, he often finds a construction unit or property and other departments. Now this point is very clear, that is, the construction unit should be negotiated, that is, the development unit is also sold. Housing unit. If the quality is caused by the construction unit, the construction unit should seek the construction unit to negotiate, users do not have to directly find the construction unit. With such a provision in the "Regulations", users have complaints and there is no need to get mad when they are pushed back because they cannot find the responsible person.
What needs to be reminded here is that the "Regulations" stipulate that after completion of the construction project, the construction unit shall provide the user with a "Quality Assurance Certificate." When the residential project is delivered and used, it shall also provide the "House Use Instruction". As a user, when purchasing a commercial house, if you find that the construction unit has not provided you with relevant materials, you should claim it from the other party. Otherwise, if quality problems arise in the future, the necessary materials will not be available, and disputes or lawsuits will be troublesome.
The construction project has a warranty deposit
In order to prevent the completion of the construction of the building, due to various reasons, the construction unit or the construction unit is difficult to find, the "Regulations" specifically stipulates: The construction project implements a warranty deposit system. Before the construction unit organizes the acceptance of the construction project, the construction unit shall deposit the guarantee mortgage deposit into the special account opened by the project quality supervision department in the bank according to the stipulated standards, or the construction unit shall transfer funds from the project settlement price once. The project quality supervision department shall exercise unified supervision over the deposit, use, and refund of the warranty deposit.
The depositing standard of the construction project guarantee mortgage deposit is that the residential project will be 3% of the project cost; the industrial and public buildings will be 1.5% of the project cost; and the other projects shall be determined in the contract by the construction unit and the construction unit.
The "Regulations" also stipulates: The construction project guarantees the mortgage deposit to be used for special purposes, and no unit or individual may misappropriate it. It belongs to the responsibility of the construction contractor, but the construction unit has not negotiated with the construction contractor, nor has it authorized the maintenance of other units without the consent of the municipal engineering quality supervision department. The maintenance fee is borne by the construction unit, and the warranty expires. Interest is still refunded to the construction unit. During the specified warranty period, due to the quality problems caused by the construction, survey, design, construction, supervision, inspection, etc. of the construction project, the responsible party shall bear the corresponding quality responsibility and bear the maintenance cost.
Considering that due to the large flow of construction units, some outside construction companies have left Shenyang after completion of the project, and some construction units have been abandoned or closed down. After complaints about quality problems occur, it is difficult to find a responsible unit, and it is easy for construction units and construction units to interfere with each other. Pushing and wringing phenomenon. In order to protect the legitimate rights and interests of users, the quality assurance of construction projects has been implemented. The Regulations also stipulates corresponding provisions for the protection of users. Clearly, if the responsible unit is disbanded, revoked, or declared bankrupt, the warranty shall be borne by its competent authority; if the responsible unit is divided, merged or has other changes, the responsibility of the warranty shall be borne by the changed entity. During the warranty period, quality problems caused by unqualified construction materials and components are purchased by the construction unit, and the construction unit bears responsibility for the quality; if the project quality testing unit provides false or erroneous reports, the quality of the project quality testing unit shall bear the quality. responsibility.
The "Regulations" have such a provision that the masses will no longer have to sneak out after the completion of construction work for some construction contractors, and the complaint has no worries.
The reporter learned from the Shenyang Municipal Construction Commission that this "Regulation", which has amassed many people's wisdom and hard work, is now being seriously implemented in the construction and other areas of the city. People have every reason to believe that with this Huimin's "Regulations", users will have a talisman and umbrella to protect their legitimate rights and interests, and the housing warranty will become much easier.
[Content Summary]
â— House waterproofing, toilets with waterproof requirements, room and external walls are leak proof, and the warranty period is 5 years.
â— Other civil works, such as leaks on the balcony sill, indoor floor hollowing and cracking, deformation of doors and windows, etc. The warranty period is 2 years.
â—Electrical pipelines, upper and lower water pipeline installation works, the warranty period is 2 years.
â— Architectural decoration works, the warranty period is 2 years.
â— After receiving the warranty request from the user, the responsible unit must send a person to the site to check the situation within 3 days and give the warranty within 15 days.
â— After discovering quality problems, the user should seek representation from the construction unit, that is, the development unit and the sales unit. If the quality is caused by the construction unit, the construction unit should seek the construction unit to negotiate, users do not have to directly find the construction unit.
◠The contractor’s warranty period for construction projects shall be calculated from the date of completion acceptance of the project; the warranty period for construction users to the user shall be calculated from the date the user obtains the residence permit notice.
The warranty period is extended from 1 to 2 to 5 years
The “Regulations†stipulates that the scope and duration of warranty for construction projects are: waterproofing works for roofs, bathrooms with waterproof requirements, and leakage prevention for rooms and external walls. The warranty period is 5 years. Other civil works: balcony sill leaking; indoor floor hollowing, sanding and cracking; interior and exterior walls and ceiling decoration repair cracking, drumming and shedding; doors and windows deformed, switch is not working; paint, paint peeling; step drainage slope fracture, sinking, etc. , The warranty period is 2 years. The warranty period for the same issue under the original "Regulations" is 1 year.
The “Regulations†also stipulates the installation of electrical pipelines and water pipes; the leakage of water pipes; the backward slopes, plugging and leakage of sewage pipes; the installation of electrical appliances does not comply with the standard and the warranty period is 2 years. The warranty period for the same type of issue is 1 year in the original "Regulations."
The warranty period for heating and heating projects is stipulated in the "Regulations" as two heating periods or cooling periods, and the original "Regulations" stipulates that there is one heating period or cooling period.
The warranty period for building decoration works is stipulated in the “Regulations†as 2 years and the original “Regulations†as 1 year.
The "Regulations" clearly stipulates that the municipal, district and county (city) engineering quality supervision departments shall set up special personnel to receive complaints from users. After receiving the warranty requirements from the user or the project quality supervision department, the responsible unit must send a person to the site within 3 days to check the situation. It is within the warranty scope of the project and determines the warranty content together with the user. The warranty is given within 15 days. Relevant department personnel said that if it is affected by weather and other factors and restrictions, can not be given within 15 days of warranty, it should also actively discuss with the user to determine the warranty period.
Regarding the start time of the construction project warranty period, this time also made a clear stipulation that the construction company's warranty period for construction projects should be calculated from the date of completion acceptance of the project. The warranty period for the construction unit to the user is from the user. Calculated from the date of obtaining the residence notice. The author of the "Regulations" further explained to the reporter that for the average building user, the start time of the warranty period is neither the completion time of the building nor the user's check-in time, but the time for obtaining the quasi-advice notice. this point is very important. As a user, you should keep a good quasi-residence notice, which is the basis for confirming the start time of the warranty period. However, it should also be stated here that the “Regulations†stipulate that due to the irresistible force caused by earthquakes, floods, typhoons, and other engineering quality problems, and the quality of the project caused by the demolition, modification, repair, and improper use of users, it is not covered by the scope of the project warranty. .
There is no quality problem
In the past, after the user stayed in, if he found that the housing had quality problems, he would often look for someone who was not responsible for it, causing you to look for A today, A look for B, B tomorrow for B, B for C, C day for C, C C for . To find the responsible person, the user does not know how many ways to run, how many knocks, and how many Buddhas he worships. Today, the “Regulations†have clearly defined the requirements for users who have quality disputes: The construction project implements a quality warranty system. Adhere to the principle that the construction unit is responsible to the user and the construction unit is responsible to the construction unit. The identification of appraisal units that have been identified by the relevant authorities of the country has structural quality problems affecting the use and safety, and are not subject to the limitation of the warranty period. If a user causes damage due to a project quality problem, the responsible unit shall pay compensation in accordance with relevant regulations.
The relevant staff of the municipal construction committee said that under normal circumstances, when a user purchases a commercial house and finds quality problems, he often finds a construction unit or property and other departments. Now this point is very clear, that is, the construction unit should be negotiated, that is, the development unit is also sold. Housing unit. If the quality is caused by the construction unit, the construction unit should seek the construction unit to negotiate, users do not have to directly find the construction unit. With such a provision in the "Regulations", users have complaints and there is no need to get mad when they are pushed back because they cannot find the responsible person.
What needs to be reminded here is that the "Regulations" stipulate that after completion of the construction project, the construction unit shall provide the user with a "Quality Assurance Certificate." When the residential project is delivered and used, it shall also provide the "House Use Instruction". As a user, when purchasing a commercial house, if you find that the construction unit has not provided you with relevant materials, you should claim it from the other party. Otherwise, if quality problems arise in the future, the necessary materials will not be available, and disputes or lawsuits will be troublesome.
The construction project has a warranty deposit
In order to prevent the completion of the construction of the building, due to various reasons, the construction unit or the construction unit is difficult to find, the "Regulations" specifically stipulates: The construction project implements a warranty deposit system. Before the construction unit organizes the acceptance of the construction project, the construction unit shall deposit the guarantee mortgage deposit into the special account opened by the project quality supervision department in the bank according to the stipulated standards, or the construction unit shall transfer funds from the project settlement price once. The project quality supervision department shall exercise unified supervision over the deposit, use, and refund of the warranty deposit.
The depositing standard of the construction project guarantee mortgage deposit is that the residential project will be 3% of the project cost; the industrial and public buildings will be 1.5% of the project cost; and the other projects shall be determined in the contract by the construction unit and the construction unit.
The "Regulations" also stipulates: The construction project guarantees the mortgage deposit to be used for special purposes, and no unit or individual may misappropriate it. It belongs to the responsibility of the construction contractor, but the construction unit has not negotiated with the construction contractor, nor has it authorized the maintenance of other units without the consent of the municipal engineering quality supervision department. The maintenance fee is borne by the construction unit, and the warranty expires. Interest is still refunded to the construction unit. During the specified warranty period, due to the quality problems caused by the construction, survey, design, construction, supervision, inspection, etc. of the construction project, the responsible party shall bear the corresponding quality responsibility and bear the maintenance cost.
Considering that due to the large flow of construction units, some outside construction companies have left Shenyang after completion of the project, and some construction units have been abandoned or closed down. After complaints about quality problems occur, it is difficult to find a responsible unit, and it is easy for construction units and construction units to interfere with each other. Pushing and wringing phenomenon. In order to protect the legitimate rights and interests of users, the quality assurance of construction projects has been implemented. The Regulations also stipulates corresponding provisions for the protection of users. Clearly, if the responsible unit is disbanded, revoked, or declared bankrupt, the warranty shall be borne by its competent authority; if the responsible unit is divided, merged or has other changes, the responsibility of the warranty shall be borne by the changed entity. During the warranty period, quality problems caused by unqualified construction materials and components are purchased by the construction unit, and the construction unit bears responsibility for the quality; if the project quality testing unit provides false or erroneous reports, the quality of the project quality testing unit shall bear the quality. responsibility.
The "Regulations" have such a provision that the masses will no longer have to sneak out after the completion of construction work for some construction contractors, and the complaint has no worries.
The reporter learned from the Shenyang Municipal Construction Commission that this "Regulation", which has amassed many people's wisdom and hard work, is now being seriously implemented in the construction and other areas of the city. People have every reason to believe that with this Huimin's "Regulations", users will have a talisman and umbrella to protect their legitimate rights and interests, and the housing warranty will become much easier.
Release date: 2006/9/5 17:01:51