Survey: The goods are not reduced to the surface of the plate, and the quality problems of the fine decoration houses are endlessly emerging
Author:Jinan Times Time:2022.08.17
In October last year, Wang Dan (pseudonym), a citizen of Hefei, Anhui, was delivered to the new house 3 years ago, but when she went to collect the house with joy, she was dumbfounded: the sliding door of the bathroom was bad, and the kitchen sliding door pushed the door. Dynamic, not smooth; there is only a simple fence on the balcony, without decoration; there is no ceiling in the house, there is only a simple gypsum line; the wall has cracks, the roof is uneven, and the wooden floor in 3 bedrooms is tilted ...
"Do not buy the house for fine decoration!" Wang Dan told the reporter of the Rule of Law Daily that before thinking about buying a fine decoration house, you can save the trouble of decoration. You only need to buy furniture appliances to hold it in. Now It seems that it is really naive. Many places have to be re -did, and it can be packed for almost half a year.
The reporter's investigation found that in recent years, the quality of the house has occurred from time to time. On the China Magistrate Document Network, the reporter retrieved the keywords with "fine decoration" and "quality issues", and more than 14,000 civil cases were related to the keywords.
Why are the quality problems of the fine decoration houses frequently? How can we get the phenomenon of "the quality of the hardcoring and decoration of the households for a long time"? In response, the reporter conducted an investigation and interview.
Introduce hardcover policy in many places
Fine firing becomes market mainstream
In February of this year, Wu Di (pseudonym) in Changshu (pseudonym) in Changshu, Jiangsu had paid the house two years ago, but until now he has not stayed in a new home. Wu Di told reporters that the reason for hindering his staying was mainly the quality of refinement decoration, and in addition to the decoration style.
"In recent years, new houses in the urban area have been refined, and the rough house is difficult to see, but there are some quality problems in hardcover houses that need to be repaired. At the same time, it is determined by the developer. The decoration style is "copy and paste", so you can only try to find a house that meets your aesthetics, but even so, the subsequent modification is a big project. "Wu Di said.
According to CRIC (China Real Estate Information Group) data, from January 2021 to June 2022, the fixed fixed fixing rate of 50 housing companies that focused on reached 86%in first -tier cities.
Why are the newly developed real estate more and more?
In recent years, many provinces and cities such as Shanghai, Zhejiang, Hainan, Anhui, Jiangsu, and Henan have introduced "hardcover policies". Many cities require that most of the future residential delivery should be fully renovated. For example, from 11 in 2017, the construction land for new commercial housing construction in this city, the total renovated residential area accounted for the proportion of newly built commercial housing area (except for low -rise residential houses with three floors and below): %.
According to Jiao Yanpeng, a professor at East China University of Political Science and Law, some places vigorously promote the fine decoration for public interests, that is, the owner may cause the owner of the owner after the house rough delivery may cause the infringement of other owners of the community, or the safety Pollution environment and other issues.
Wu Chunfeng, a lawyer, lawyer of Beijing Yonghe Law Firm, who had been responsible for operating and legal work at a large real estate company, believes that the promotion of fine decoration has legal basis and rationality. "One of the major development directions of the construction industry is energy saving and environmental protection. Fine and repair houses are uniformly renovated by developers. They can adopt a large number of energy -saving and environmentally friendly materials. At the same time, it is also for the safety consideration of the main structure of the house. In practice, many owners' decoration is quite brutal. Some even pull the load -bearing wall out of the shoe rack. If there are several buildings in a building for this brutal decoration, it encounters the consequences of earthquakes or other disasters. "
Does the developer have the right to decide to make the new real estate into a hardcover house? Will the consumer's optional right be damaged?
Wu Chunfeng said: "As a producer of commercial housing, developers have the right to produce products in accordance with their own wishes and their own principles without violation of laws and regulations. Yes, there is no "compulsory" determination problem. "
However, it is a headache for many people. The hardcover houses that were originally prepared to "bag in" are different from the model house before delivery.
Fine decoration standards are not clear
There are developers secretly Chencang
In September 2019, Ms. Su in Lanzhou, Gansu purchased a well -decorated house in a community in Lanzhou, with an area of 106 square meters. At that time, the house price was 6,800 yuan per square meter.
"This community is a hardcover house. At the same time, the rough houses in the same area are about 5,800 yuan per square meter. At that time, it was considered that if you buy a rough house decoration, you have to spend a lot of money. The lady said that after the house was delivered on July 1 this year, she found that the windows had problems such as strict windows, and the water meter was broken. Especially the noodles of the toilet and kitchen are empty, inlaid, bricks are damaged, and the walls are not flat.
"It is not as simple as refined decoration. In fact, I have been in contact with maintenance in the past two months, but after the delivery, the developers have been" cold 'to us. Every time I say it must be repaired this week, but there are still many until now, there are still many. The place is not repaired. "Ms. Su said.
Before buying, Ms. Su had seen the model room between the sales office.
The reporter found in the investigation that there are not a few people who are attracted by Ms. Su by Ms. Su to be attracted by model houses.
According to the requirements of the "Directors of the Decoration of Commodity Houses", the firing residential house refers to the fixed surface of all functional spaces to the fixed surface or painting of all functional spaces before handing over the house key, and the basic equipment in the kitchen and bathroom is completed. However, in practice, due to the many problems of refinement, the "hard -fixed quality problem of buyers for a long time" has become the voice of more and more home buyers. The reporter found that on social software and e -commerce platforms, there are also bloggers and merchants who specialize in decoration modification and micro -modification.
Hao Feng, who has worked in a real estate agency company in Tianjin for 9 years, told reporters that the decoration standards on the ordinary residential market are mostly between 1,000 yuan and 1,500 yuan per square meter. High housing decoration standards are more than 2,000 yuan per square meter. "There is a quasi -presentation house that can be delivered at the end of this year. The average price of the rough house per square meter is 27,000 yuan, and the average price of hardcover is 30,000 yuan per square meter. This is a relatively high hardcover standard. Pretend to be on, "Hao Feng said.
According to CRIC's focus on the fixed -decoration push disk in 22 cities from January 2021 to June 2022, the average level of the decoration standard/transaction price of all push -up items is 10%, that is, Decoration standards account for about 10 % of the cost of buying a house.
With so many decoration costs per square meter, why is the quality of fixed houses not guaranteed?
Jiao Yanpeng believes that the main reason for the above problems is that developers and owners involve the fidelity renovation standards in the house trading contract.
"The commodity housing sales contract is often a format contract. Buyers have hardly changed the content of the contract. In order to leave more profit margins for themselves, developers often only make roughly agreed on the above -mentioned refined decoration standards. The defect performance provides opportunities, which causes buyers to feel worthwhile after the house is delivered. "Jiao Yanpeng said.
From the perspective of Yang Qinfa, director of the Institute of Real Estate Policy and Law of East China University of Political Science and Law, because my country's hardcover houses are only a policy regulations and principles, there are no specific standards and standardized specifications. This standard is determined by the developer that in order to avoid the price limit of the pre -sale license, many developers calculate the price increase part as the decoration cost.
"For the decoration room, many developers regulate the contents of the decoration standard through signing a decoration contract with the owner or making up the decoration standards in the sales contract. The general method is to decorate a model room. Between? "Yang Qinfa said that according to Article 31 of the" Administrative Measures for the Sales of Commercial Housing ", when a real estate development enterprise is selling commercial housing, it should explain whether the quality, equipment and decoration of the commercial houses that are actually delivered are consistent with the same explanation and the model house. The actual delivery of commercial houses should be consistent with the model house. Therefore, the quality of decoration delivered to home buyers should not be lower than the quality level between the model.
"However, because the minimum cost of the decoration is not specified, when the standards stipulated by the decoration house and the decoration contract that the developer's final delivery is inconsistent with the decoration quality of the model room, it is difficult for the owner The actual effect, etc., is not easy to proof of consumers, and it is difficult to protect their rights. "Yang Qinfa said.
Formulate and improve the acceptance criteria
Solve the problem of the right board
How to solve the phenomenon of hard -working housing goods, so that the owner can really save time after buying a hardcover house?
"Fine decoration houses are the general trend, so the relevant departments and developers are urgent to work hard to eliminate consumers' concerns and concerns." Wu Chunfeng suggested that the housing and urban and rural construction departments introduced the management measures for fine decoration commercial housing to formulate hardcover trials and acceptance Standard, and include the acceptance of refined decoration into the filing management; the market supervision and management department, housing and urban and rural construction departments improve the demonstration text of the "Commodity Housing Sale Contract", requiring developers to list in detail the "fine decoration list", stating tiles, flooring, electrical appliances Switching, overall cabinet and other major parts of the materials, brands, etc.; developers signed detailed supplementary agreements with the buyers to the refined decoration part, and agreed on the supplementary agreement that the buyer cared for.
On July 20 this year, the Jiangsu Higher People's Court announced the "Guidelines for the Reporting Cases of Disputes in the Decoration Quality Disputes in the Decoration and Sale of Commercial Houses". If the establishment of a commodity housing contract and the price determination has a significant impact, it should be considered as the content of the contract. If the seller sets up a model house, the decoration quality of the delivery of the commercial house shall be equivalent to the decoration quality of the model house. At the same time, the price reduction responsibility for quality problems and the reduction of the price of the judgment and calculation method is clarified.
Yang Qinfa believes that the regulatory authorities should strictly investigate and punish the government's price limit policy for the use of hardcover houses to escape the price limit, to avoid the price of house prices, thereby avoiding the government's price limit policy.
"When signing a fine -decorated house contract, consumers should read and understand the meaning of the relevant clauses. Do not miss the terms of the contract. There is no specific decoration standard agreed, and only stipulates the quotation of the decoration. When the house is delivered, the owner's actual cost of the decoration should provide the basis for the actual decoration cost. The developer shall bear the corresponding responsibilities. " Yang Qinfa said. In Wu Chunfeng's view, the premise of defending rights is evidence. As an owner, you must first preserve all evidence related to the house before and after the signing of the commodity housing sale contract. Among them, the developer promises that it is particularly important to write the evidence in the contract. For example, some developers will promote the effects of refined decoration through sand table models, apartment maps, model rooms, WeChat public accounts and other methods. Related materials should be retained; WeChat chat records with the sales representative should not delete them at will.
In addition, if the problem is discovered after a period of time in the hardcover room, it can still be required to be maintained. Article 7 of the "Quality Method of House Construction Engineering" stipulates that the minimum warranty period for decoration engineering is two years. The "Regulations on Quality Management of Construction Engineering" also have the same regulations. The minimum warranty period of the decoration part of the fixed -decoration house should be 2 years, and the part of the house itself follows relevant regulations, such as the waterproof of the bathroom for 5 years.
"There is no specific provision in the standards of warranty. But in practice, the warranty is based on solving the problem of the owner. It saves a lot of funds and is convenient for construction, but the owners do not agree. In the end, the entire real estate was pasted with a layer of insulation materials outside. "Wu Chunfeng said.
In addition to the quality of refinement, the problem of secondary charges has also been criticized.
On a third -party complaint platform, the reporter saw a collective complaint that was suspected of contract fraud in a community in a community in Lanzhou.
Ms. Su said that in the case of purchasing the hardcover houses and no secondary decoration, the property forced to collect the decoration waste cleaning fee of 6 yuan per square meter per square meter and the decoration service fee of 3.5 yuan per square meter. The annual property fee, do not pay the owner's large items into the community, do not pay the key to the key. During the negotiation with the seller and the property many times, the rectification solution has not been seen.
Experts interviewed believe that according to the provisions of the property management regulations, if the owner needs to decorate the house, the property service enterprise shall notify the property service enterprise, and the property service enterprise shall inform the owner of the prohibited behavior and precautions in the decoration of the house. It can be seen that in the process of decorating houses, the property has only the obligation to inform and has no right to charge.
Yang Qinfa said that according to relevant laws and regulations, in addition to charging property management fees and other collection fees, the property company cannot collect unprecedented renovation garbage freight and decoration service fees to the owner. For such charges of property and developers, owners can complain to relevant departments. If developers do not threaten the key without paying fees, consumers can ask developers to bear the liability for breach of contract without paying the house on time.
Source: Legal Daily
Edit: Weekend
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