Legal information

1. If quality problems are found, go to the developer first, because the buyer and the developer have a direct contractual relationship. As the manufacturer and seller of commercial housing, the developer has the final responsibility for the quality of the commercial housing. The developer will compensate the buyer, and the developer will recover the responsible unit according to the contract based on quality reasons.
2. If the developer does not solve the problem or is dissatisfied with the developer's solution, the party concerned may apply to the construction project quality supervision agency for organizational appraisal or complain to the construction authority.

Residents can directly entrust units with statutory structural safety appraisal qualifications to conduct appraisals on their houses, and their appraisal conclusions can be used as evidence for civil compensation.
3. Initiate arbitration or file a lawsuit in the People's Court in accordance with the law. If the above method cannot solve the problem, the home buyer can sue the developer according to the legal provisions and the actual situation. Which department should complain to regarding housing quality issues depends on the situation:

(1) First check whether the quality warranty period of the house has expired. If not, you can complain to the local quality inspection station about the quality of the house;
(2) Professional institutions should be consulted for house quality assessment. House quality issues should be resolved through negotiation with the developer first, and reports should be submitted to the Construction and Transportation Commission, Planning Bureau and other relevant departments for inspection and filing;
(3) Housing quality disputes.

The professional areas of lawyers of Beijing Yingting Law Firm include: legal services in safeguarding the rights of various types of houses and breeding farms and other building structures that are deemed to be illegally constructed (illegal construction), expropriation and demolition of companies, enterprises, factories, and breeding farms, expropriation and compensation of houses on state-owned land, rural land expropriation and housing resettlement compensation, administrative agreements, etc. The scope of agency covers Beijing, Shanghai, Tianjin, Yunnan, Guizhou, Sichuan, Chongqing, Xinjiang, Qinghai, Gansu, Jilin, Liaoning, Shandong, Hebei, Henan, Hubei, Hunan, Shaanxi, Anhui, Jiangsu, Zhejiang, Jiangxi, Guangdong, Fujian, Hainan and other regions.

If the parties reach an agreement, they can jointly entrust a housing quality defect loss assessment agency to make an assessment report. If the parties cannot reach an agreement through negotiation, the court will appoint the evaluation agency.

Legal basis: Article 61 of the "Urban Real Estate Management Law of the People's Republic of China" To obtain land use rights through transfer or allocation, an application must be made to the land management department of the local people's government at or above the county level for registration. After verification by the land management department of the local people's government at or above the county level, a land use right certificate will be issued by the people's government at the same level.

If a house is built on the land for real estate development obtained in accordance with the law, the land use right certificate shall be used to apply to the real estate management department of the local people's government at or above the county level for registration, and the real estate management department of the local people's government at or above the county level shall verify and issue a house ownership certificate.

If the law provides otherwise, the provisions of the relevant laws shall apply. If you want to know more about this, you can consult a lawyer at Beijing Yingting Law Firm for one-on-one online consultation.

The legal knowledge in this article does not represent legal advice. If you encounter similar problems, you should analyze them in detail.