How to defend your rights against penetrating cracks in a new house
In recent years, with the rapid development of the real estate market, quality problems in new homes have occurred frequently, and penetrating cracks in particular have become the focus of property owners' rights protection. This article will combine the hot topics and hot content on the Internet in the past 10 days to provide you with a detailed analysis of the rights protection methods for penetrating cracks in new houses, and provide structured data reference.
1. The hazards and common causes of penetrating cracks
Penetrating cracks refer to penetrating cracks in walls or floors, which not only affect the appearance, but may also threaten the safety of the building structure. The following is an analysis of common causes:
| Reason type | Specific performance | Proportion (reference data) |
|---|---|---|
| Construction quality issues | Improper concrete pouring and insufficient maintenance | 45% |
| Material problem | Insufficient cement markings and unqualified steel bars | 30% |
| Design flaws | Structural load calculation error | 15% |
| foundation settlement | Improper foundation treatment | 10% |
2. Guide to steps for safeguarding rights
1.evidence collection stage
(1) Take photos and videos of cracks and record the time of discovery
(2) Contact a professional organization for identification (it is recommended to choose a qualified third-party testing organization)
(3) Save the purchase contract, quality guarantee and other documents
| Evidence type | Things to note |
|---|---|
| Image evidence | Reference objects and scales must be included |
| Test report | Must be stamped with CMA certification seal |
| Communication records | Save developer communication recordings/chat records |
2.Negotiation and communication stage
(1) Officially send a letter to the developer (it is recommended to use EMS to mail it and save the receipt)
(2) Clear demands: repair, compensation or check-out
(3) Record the time, content and results of each communication
3.Administrative complaint stage
(1) Complain to the housing and urban-rural development department (National Housing and Urban-Rural Development Service Hotline: 12319)
(2) Complain to the Consumer Association (12315)
(3) If necessary, contact the media for exposure
3. Reference for the latest rights protection cases (hot spots in the past 10 days)
| area | Project name | Processing results | Rights protection cycle |
|---|---|---|---|
| Hangzhou, Zhejiang | Project of a certain brand real estate company | The developer bears all repair costs + compensation | 28 days |
| Guangzhou, Guangdong | A high-end residential area | Check-out processing + interest compensation | 45 days |
| Chengdu, Sichuan | An Internet celebrity real estate | Reinforcement and repair + 10-year warranty | 62 days |
4. Key points of legal basis
1. Article 40 of the "Construction Project Quality Management Regulations" stipulates: The minimum warranty period for infrastructure projects, foundation projects of housing construction and main structure projects is the reasonable service life of the project specified in the design documents.
2. Article 33 of the "Measures for the Administration of Commercial Housing Sales": Real estate development enterprises shall bear the quality warranty responsibility for the commercial housing sold.
3. Judicial interpretation of the Supreme People's Court: If the quality of the main structure of the house is unqualified, the buyer may request to terminate the contract and compensate for losses.
5. Expert advice
1. Remain rational and avoid excessive behavior during the process of safeguarding rights.
2. It is recommended to hire a professional lawyer when there are major quality issues
3. Pay attention to the statute of limitations (usually within 3 years from the date when you knew or should have known that your rights were damaged)
4. Can unite with other damaged owners to protect their rights.
Through the above systematic rights protection plan, owners can effectively safeguard their legitimate rights and interests. Successful rights protection cases that have appeared in many places recently show that as long as the evidence is sufficient and the procedures are compliant, developers will ultimately bear corresponding responsibilities.
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