Viewpoint | New residential project quality warranty period "adjustment action"!
Published:
2023-01-12
The quality of residential projects is related to the vital interests of the people and is the top priority of the project quality work. For a long time, the quality warranty period of residential projects has been implemented in accordance with the relevant provisions of the minimum warranty period of the regulations on the quality management of construction projects, the measures for the quality warranty of housing construction projects and the measures for the management of commercial housing sales issued 20 years ago. These minimum warranty periods are based on the material properties, construction methods, construction processes and management level conditions at that time, and the documents were issued earlier and have not been adjusted. With the wide application of new technologies, new equipment, new materials and new processes, the survey and design level, material performance, process and quality assurance of new residential projects have been greatly improved, and it is no longer appropriate to implement the existing regulations. On March 15, 2022, the "Residential Project Specification" publicly solicited by the Ministry of Housing and Construction appropriately increased the design working life of relevant parts of residential projects and included them in mandatory standards, providing a reference and basis for appropriately extending the quality warranty period of new residential projects. On June 8, 2022, the Department of Housing and Urban-Rural Development of Shandong Province issued the "Guiding Opinions on Adjusting the Quality Warranty Period of New Residential Projects" (Lu Jianzhi An Zi [2022] No. 4) (hereinafter referred to as the "Guiding Opinions"). The "Guiding Opinions" include five parts: scope of application, adjustment method, adjustment content, warranty responsibility, and safeguard measures, combined with the current development of construction technology, construction technology and material performance in Shandong Province, guiding Opinions on Adjusting Quality Warranty Period for New Residential Construction 1. scope of application The "Guiding Opinions" are applicable to newly-built commercial housing and urban affordable housing projects that have newly acquired state-owned land use rights in Shandong Province. 2. clear adjustment method For newly-built commercial housing (including urban affordable housing projects), the quality warranty period is proposed by the housing and urban-rural construction department in the housing and urban-rural construction field project construction conditions opinions, and is clearly limited in the performance or supervision agreement signed by the real estate development unit. For newly-built urban affordable housing projects, the quality warranty period shall be included in the construction bidding documents and the Construction Contract by the construction (agent construction) unit. 3. adjustment period Under normal conditions of use, the minimum warranty period of the following parts of the new residential project shall be adjusted as follows: (I) roof waterproofing works, waterproof requirements for toilets, rooms and exterior wall surface leakage prevention, adjusted to 10 years; The (II) heating and cooling system is adjusted to 5 heating periods and cooling periods; (III) the installation of electrical pipelines, water supply and drainage pipes and equipment, the concealed part is adjusted to 10 years, and the non-concealed part is adjusted to 5 years. The scope and duration of quality warranty for other parts shall be in accordance with the current regulations. For the parts that have passed the maintenance within the warranty period, the real estate development (construction) unit and the construction unit, the real estate development (construction) unit and the property owner can re-negotiate the warranty period respectively. 4. clear warranty responsibility 1. Responsibility as a real estate development unit According to the regulations on the sale of Commercial Housing in Shandong Province, the real estate development unit shall bear the responsibility for the quality warranty of the commercial housing to the buyer, and shall perform the warranty obligation and bear the liability for the loss caused by the quality problems within the warranty period. The starting date of the commercial housing quality warranty period shall be calculated from the date of delivery. The warranty period and start date of the urban affordable housing project completed and handed over as a whole by the agent construction unit shall be agreed upon by both parties in the entrusted construction contract. 2. Responsibilities as construction unit According to the Regulations on the Quality Management of Construction Projects, the construction unit shall bear the responsibility for the quality warranty of the construction project to the real estate development (construction) unit. If quality problems occur within the warranty scope and warranty period, it shall perform the warranty obligation and bear the liability for compensation for the losses caused. The starting date of the construction project quality warranty period shall be calculated from the date of acceptance of the project. 5. safeguard measures (I) compaction quality warranty responsibility. Real estate development (construction) units shall carry out development and operation activities in accordance with the construction conditions and opinions put forward by the housing and urban-rural construction department. The quality warranty period, warranty scope, and warranty responsibilities can be clearly stated in the construction bidding (contracting) documents, and in the "Construction Project Construction Contract" Make an agreement and specify it in the "New Commercial Housing Sales Contract" and the "Commercial Housing Quality Guarantee. (II) standardize the quality assurance management. Regarding the reserve ratio, duration, use and return method of the project quality deposit, it shall be strictly implemented in accordance with the provisions of the Ministry of Housing and Urban-Rural Development and the Ministry of Finance "Notice on Printing and Distributing the Management Measures for Construction Project Quality Deposit. The total margin reserve ratio shall not be higher than 3% of the total settlement amount of the project price, and the maximum amount shall not exceed 2 years. If the performance bond has been paid or other methods such as project quality assurance guarantee and project quality insurance have been adopted, no quality bond shall be reserved. (III) and improve the incentive and guarantee mechanism. Encourage real estate development units to combine the expectations of the masses and market demand, and agree on a longer warranty period for the quality of commercial housing. For those beyond the warranty period stipulated in this opinion, priority will be given to recommend under the same conditions in the evaluation activities such as Luban Award, National Excellence Project Award, Guangsha Award and Taishan Cup Award. Encourage real estate development (construction) units to introduce insurance for potential defects in project quality, share risks through market mechanisms, broaden quality warranty channels, and further enhance residential quality reputation and market competitiveness. (IV) strengthen guidance and supervision services. Guide and urge the real estate development (construction), design, construction, and supervision units to implement the quality warranty period requirements into project planning, design selection, and construction acceptance. In the supervision of key links such as construction drawing review, project quality supervision, and completion acceptance filing, strengthen the process guidance, follow-up inspection, and supervision of the implementation of this guidance. If it is found that the real estate development (construction) unit has not implemented the provisions of these opinions, it shall be ordered to make corrections according to law, and those that have been completed and accepted shall be ordered to reorganize the completion acceptance according to law. If it is found that the real estate development (construction) and construction units fail to perform or delay the performance of quality warranty obligations without reason, they shall be ordered to make corrections, deal with penalties and be included in integrity management in accordance with the law. The promulgation of this "Guiding Opinions" puts forward higher requirements for construction units and construction units in terms of project quality and quality warranty obligations, which undoubtedly provides a favorable guarantee for the adjustment of the quality warranty period of new residential projects in Shandong Province.
The quality of residential projects is related to the vital interests of the people and is the top priority of the project quality work. For a long time, the quality warranty period of residential projects has been implemented in accordance with the relevant provisions of the minimum warranty period of the regulations on the quality management of construction projects, the measures for the quality warranty of housing construction projects and the measures for the management of commercial housing sales issued 20 years ago. These minimum warranty periods are based on the material properties, construction methods, construction processes and management level conditions at that time, and the documents were issued earlier and have not been adjusted.
With the wide application of new technologies, new equipment, new materials and new processes, the survey and design level, material performance, process and quality assurance of new residential projects have been greatly improved, and it is no longer appropriate to implement the existing regulations. On March 15, 2022, the "Residential Project Specification" publicly solicited by the Ministry of Housing and Construction appropriately increased the design working life of relevant parts of residential projects and included them in mandatory standards, providing a reference and basis for appropriately extending the quality warranty period of new residential projects.
On June 8, 2022, the Department of Housing and Urban-Rural Development of Shandong Province issued the "Guiding Opinions on Adjusting the Quality Warranty Period of New Residential Projects" (Lu Jianzhi An Zi [2022] No. 4) (hereinafter referred to as the "Guiding Opinions"). The "Guiding Opinions" include five parts: scope of application, adjustment method, adjustment content, warranty responsibility, and safeguard measures, combined with the current development of construction technology, construction technology and material performance in Shandong Province, guiding Opinions on Adjusting Quality Warranty Period for New Residential Construction
1. scope of application
The "Guiding Opinions" are applicable to newly-built commercial housing and urban affordable housing projects that have newly acquired state-owned land use rights in Shandong Province.
2. clear adjustment method
For newly-built commercial housing (including urban affordable housing projects), the quality warranty period is proposed by the housing and urban-rural construction department in the housing and urban-rural construction field project construction conditions opinions, and is clearly limited in the performance or supervision agreement signed by the real estate development unit.
For newly-built urban affordable housing projects, the quality warranty period shall be included in the construction bidding documents and the Construction Contract by the construction (agent construction) unit.
3. adjustment period
Under normal conditions of use, the minimum warranty period of the following parts of the new residential project shall be adjusted as follows:
(I) roof waterproofing works, waterproof requirements for toilets, rooms and exterior wall surface leakage prevention, adjusted to 10 years;
The (II) heating and cooling system is adjusted to 5 heating periods and cooling periods;
(III) the installation of electrical pipelines, water supply and drainage pipes and equipment, the concealed part is adjusted to 10 years, and the non-concealed part is adjusted to 5 years.
The scope and duration of quality warranty for other parts shall be in accordance with the current regulations. For the parts that have passed the maintenance within the warranty period, the real estate development (construction) unit and the construction unit, the real estate development (construction) unit and the property owner can re-negotiate the warranty period respectively.
4. clear warranty responsibility
1. Responsibility as a real estate development unit
According to the regulations on the sale of Commercial Housing in Shandong Province, the real estate development unit shall bear the responsibility for the quality warranty of the commercial housing to the buyer, and shall perform the warranty obligation and bear the liability for the loss caused by the quality problems within the warranty period. The starting date of the commercial housing quality warranty period shall be calculated from the date of delivery. The warranty period and start date of the urban affordable housing project completed and handed over as a whole by the agent construction unit shall be agreed upon by both parties in the entrusted construction contract.
2. Responsibilities as construction unit
According to the Regulations on the Quality Management of Construction Projects, the construction unit shall bear the responsibility for the quality warranty of the construction project to the real estate development (construction) unit. If quality problems occur within the warranty scope and warranty period, it shall perform the warranty obligation and bear the liability for compensation for the losses caused. The starting date of the construction project quality warranty period shall be calculated from the date of acceptance of the project.
5. safeguard measures
(I) compaction quality warranty responsibility.
Real estate development (construction) units shall carry out development and operation activities in accordance with the construction conditions and opinions put forward by the housing and urban-rural construction department. The quality warranty period, warranty scope, and warranty responsibilities can be clearly stated in the construction bidding (contracting) documents, and in the "Construction Project Construction Contract" Make an agreement and specify it in the "New Commercial Housing Sales Contract" and the "Commercial Housing Quality Guarantee.
(II) standardize the quality assurance management.
Regarding the reserve ratio, duration, use and return method of the project quality deposit, it shall be strictly implemented in accordance with the provisions of the Ministry of Housing and Urban-Rural Development and the Ministry of Finance "Notice on Printing and Distributing the Management Measures for Construction Project Quality Deposit.The total margin reserve ratio shall not be higher than 3% of the total settlement amount of the project price, and the maximum amount shall not exceed 2 years.If the performance bond has been paid or other methods such as project quality assurance guarantee and project quality insurance have been adopted, no quality bond shall be reserved.
(III) and improve the incentive and guarantee mechanism.
Encourage real estate development units to combine the expectations of the masses and market demand, and agree on a longer warranty period for the quality of commercial housing. For those beyond the warranty period stipulated in this opinion, priority will be given to recommend under the same conditions in the evaluation activities such as Luban Award, National Excellence Project Award, Guangsha Award and Taishan Cup Award. Encourage real estate development (construction) units to introduce insurance for potential defects in project quality, share risks through market mechanisms, broaden quality warranty channels, and further enhance residential quality reputation and market competitiveness.
(IV) strengthen guidance and supervision services.
Guide and urge the real estate development (construction), design, construction, and supervision units to implement the quality warranty period requirements into project planning, design selection, and construction acceptance. In the supervision of key links such as construction drawing review, project quality supervision, and completion acceptance filing, strengthen the process guidance, follow-up inspection, and supervision of the implementation of this guidance. If it is found that the real estate development (construction) unit has not implemented the provisions of these opinions, it shall be ordered to make corrections according to law, and those that have been completed and accepted shall be ordered to reorganize the completion acceptance according to law. If it is found that the real estate development (construction) and construction units fail to perform or delay the performance of quality warranty obligations without reason, they shall be ordered to make corrections, deal with penalties and be included in integrity management in accordance with the law.
The promulgation of this "Guiding Opinions" puts forward higher requirements for construction units and construction units in terms of project quality and quality warranty obligations, which undoubtedly provides a favorable guarantee for the adjustment of the quality warranty period of new residential projects in Shandong Province.
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