National delivery standard national delivery condi

2022-07-22
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1 national standards for delivery conditions

developers need to meet certain conditions before they can deliver a house. According to Chinese law, developers must prepare relevant certificates and the house meets the occupancy conditions before they are qualified to deliver the house

1. Certificates. After the completion of the project, the developer needs to apply to the relevant government departments at or above the county level for project acceptance. The real estate development department shall, within 30 days after receiving the completion acceptance application, organize the quality supervision team, and the planning, fire protection and other relevant departments to send personnel in time for acceptance of the content involving project quality and safety. The acceptance contents generally include the urban planning and design conditions, the construction of infrastructure and public facilities, the quality acceptance of single projects, the implementation of demolition and resettlement plans, property management, etc. If a developer implements phased development, it may be approved by the government department for phased acceptance. After the acceptance is successful, relevant certificates such as completion acceptance record form and household acceptance record of residential project quality will be issued

2. Check in conditions. If the House fails to meet the occupancy conditions, the owner is still notified to take over the house, which violates the legal will. According to the law of our country, in ten cases, the owner can reject the house. One of them is "the roads in the community are unblocked, and the conditions of water, electricity, gas and heating have been connected". This is the basic condition to meet the occupancy standard. If these supporting facilities are not complete, they do not meet the occupancy conditions, and the owner has the right to refuse to move in

2 national delivery and acceptance standard

China has also set a standard for delivery and acceptance. If it does not meet the standard requirements, the owner has the right to reject it to a certain extent

1. Floor space standards

in law, the floor height of commercial housing should not be higher than 2.8m, the bedroom and living room should not be lower than 2.4m, and the local area should not be lower than 2m. If there are other standard data in the contract, the contract shall prevail, but it shall not be lower than the minimum requirements of the above laws

2. Area error standard

1) if the area error exceeds 3% (excluding 3%), the buyer has the right to request to check out. The developer shall return the house price and pay interest within 30 days. 2) For those who do not require to check out, the part exceeding 3% shall be made up by the buyer according to the price, and the property right belongs to the buyer

3. Air quality

the main control indicators of indoor air quality in civil construction projects stipulated by the state are as follows: radon per cubic meter is less than or equal to 200 baker; Free formaldehyde is less than or equal to 0.08 mg per cubic meter; Benzene is less than or equal to 0.09 mg per cubic meter; Ammonia is less than or equal to 0.2 mg per cubic meter; Total volatile organic compounds per cubic meter is less than or equal to 0.5 mg

3 national delivery standards for breach of contract

1 Article 15 of the interpretation of the Supreme People's Court on Several Issues concerning the application of law in the trial of disputes over commercial housing sales contracts stipulates that: according to Article 94 of the contract law, the seller delays the delivery of the house or the buyer delays the payment of the purchase price, and fails to perform within a reasonable period of three months after being urged. If one party requests to terminate the contract, it shall be supported, and if the other party fails to urge, The right of rescission shall be exercised within one year from the date of occurrence of the right of rescission; If it fails to do so within the time limit, the right to terminate shall be extinguished

2. The third paragraph of Article 17 of the national law "interpretation of the Supreme People's Court on Several Issues concerning the application of law in the trial of disputes over commercial housing sales contracts" stipulates that if the house is delivered late, it shall be determined according to the rent standard of the same kind of house in the same lot published by the relevant competent department or assessed by a qualified real estate appraisal institution during the period of late delivery. In this regard, the developer can be required to compensate for the loss according to the housing rent standard according to law. If it is not accepted, it can sue to the people's court for compensation

3. According to Article 16 of the contract law, if the parties request a reduction on the ground that the agreed liquidated damages are too high, the liquidated damages shall be appropriately reduced based on the standard that the liquidated damages exceed 30% of the losses caused; If the parties request an increase on the ground that the agreed liquidated damages are lower than the losses caused, the amount of liquidated damages shall be determined based on the losses caused by the breach

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