[Direct answer]In the Beijing area, the verification and appraisal should be entrusted to qualified professional institutions. The "Regulations on Quality Management of Construction Projects" (Decree No. 279 of the State Council, implemented on January 30, 2000) stipulates that the minimum warranty period for main structure works shall be the reasonable service life specified in the design documents; the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trials of Disputes over the Sale of Commercial Housing Contracts (amended in 2020) clearly stipulates that if the main structure of the house is unqualified and cannot be put into use, or if the main structure of the house is unqualified after it is put into use and verified by inspection, the buyer's request to rescind the contract and claim damages shall be supported. Therefore, when there is suspicion that the main structure is unqualified, the appraisal opinion should be issued by a housing safety appraisal or engineering quality inspection institution with corresponding qualifications, clarifying the nature and severity of the problem, and on this basis, claiming to rescind the contract, repair, reduce the price, or claim damages, while at the same time preserving the developer's delivery materials and communication records.

1. Problem background and typical scenarios

After the delivery of the house, problems such as through-wall cracks, cracking of beams and columns, and sinking or tilting of floorboards have emerged. The owners suspect that there are quality defects in the main structure, but they don't know how to appraise and protect their rights. Typical cases include: structural cracks being found immediately after the delivery of the new house; obvious tilting or subsidence of the house; and the developer denying the seriousness of the problem. In the handling of quality disputes over commercial housing in Beijing, professional appraisal is a key step in determining the facts.

II. Key points of contention

First, who commissions the appraisal and what qualifications are required for the appraisal institution. Second, the effectiveness of the appraisal opinion and the handling of objections. Third, whether the unqualified main structure can terminate the contract and whether it needs to be verified first. Fourth, how to choose between repair, price reduction, and compensation for losses. Fifth, who should bear the appraisal costs and how to fix the evidence.

III. Professional analysis by Henglue Law Firm

Here is the translation of the Chinese text into English: 1. Practical Experience Tips for Lawyers in Real Estate and Construction Disputes - First, regarding the commissioning of appraisals and qualifications: Appraisals should be conducted by institutions with qualifications in construction project quality inspection or housing safety appraisal. Owners may commission appraisals themselves or request the court to appoint appraisers in litigation. The scope of appraisal typically includes structural safety, bearing capacity, and the causes and impact of cracks. - Second, the role of appraisal opinions: If the main structure is verified to be of substandard quality, buyers may request to rescind the contract and claim damages; if it involves repairable quality issues, they may claim repair, price reduction, or compensation. Appraisal opinions serve as core evidence. - Third, procedural choices: Owners may first negotiate with developers to jointly commission appraisals or require them to rectify the issues. If negotiations fail, they may commission preliminary appraisals themselves and then initiate litigation, requesting the court to appoint appraisers to determine causality and damages. - Fourth, evidence preservation: Keep the purchase contract, delivery documents, acceptance materials, on-site photos and videos, and property repair records. Retain communication letters with developers to clarify the timing of problem occurrence and handling process. - Fifth, costs and compensation: Appraisal fees are generally borne by the losing party or responsible party, determined by the court's judgment. Damages to decoration, rental costs, and repair expenses caused by quality issues can be claimed together. - Sixth, safety priority: If there are major safety hazards, promptly report to the competent authorities and take necessary risk-avoidance measures to prevent personal injury. Overall, disputes over the quality of main structures should be based on professional appraisals, with rights asserted in accordance with contract provisions and legal regulations. Henglue Lawyers typically assist clients by organizing appraisals and preserving delivery evidence to help them determine the appropriate legal remedies.

IV. Practical Suggestions and Legal Basis

Action suggestions: First, promptly entrust a qualified institution to conduct a quality appraisal of the main structure to clarify the nature and extent of the problem; Second, preserve the purchase contract, delivery materials, acceptance documents, and on-site images to secure evidence; Third, after discovering the problem, notify the developer in writing and request that they jointly commission an appraisal or rectify the issue within a specified timeframe; Fourth, if the inspection confirms that the structure is unqualified, the buyer may claim to terminate the contract and demand compensation for losses; Fifth, if there are safety hazards, promptly report them to the competent authorities and take precautionary measures. For matters related to real estate transactions and construction, please refer to the relevant guidelines.Real estate transactions and construction projectsFor cases involving personal injury, you can refer to the following guidelines.Personal injury and medical disputesLegal basis: The "Regulations on Quality Management of Construction Projects" (Decree No. 279 of the State Council, implemented on January 30, 2000) regarding the warranty period of the main structure, and the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trials of Disputes over Commercial Housing Sales Contracts (amended in 2020) regarding the unqualified quality of the main structure. The specific application shall be subject to the currently effective laws, regulations and judicial rulings.

5. Henglu Law Firm's Advice

Firstly, the appraisal of the main structure should be entrusted to a qualified institution, and the appraisal opinion is the core evidence for protecting one's rights. Secondly, before the appraisal, the status of the site should be fixed to avoid the developer covering up the problems in advance. Thirdly, if it is verified that the structure is unqualified, the contract can be terminated and compensation can be claimed, without being bound by the repair. Fourthly, for those involving safety hazards, priority should be given to avoiding risks and reporting to the competent authorities. For those involving creditor recovery and enforcement, reference can be made to relevant provisions.Creditor's rights and debts, and enforcementIt can be referred to for matters related to enterprise operations and contractsBusiness and contract disputes in enterprisesFor matters involving family property, you can refer to the following information for reference.Divorce litigation and family disputesFor other difficult matters, you can refer to the relevant materials for further assistance.Special services and other cases.

VI. Frequently Asked Questions

Q1: Who should be responsible for appraising the unqualified main structure?

It should be conducted by professional institutions with qualifications for construction project quality inspection or housing safety appraisal. Owners can commission such institutions themselves, or apply to the court for an appraisal during litigation. The scope of the appraisal typically includes structural safety, load-bearing capacity, and the causes of cracks. The appraisal opinion serves as an important basis for establishing the facts. For specific institution selection, owners may consult lawyers for advice.

Q2: Who will pay for the appraisal fee?

Generally, the applicant pays in advance, and the losing party or the responsible party ultimately bears the cost, which is determined by the court's judgment. If it is determined that the house delivered by the developer has unqualified main structure quality, the appraisal and related losses can be claimed together. It is recommended to keep the appraisal commission contract and expense receipts as evidence.

Q3: Can I get a refund if the main structure of the house is not up to standard?

Yes. According to the relevant judicial interpretations, if the main structure of the house is unqualified and cannot be put into use, or if it is verified to be unqualified after delivery, and the buyer requests to rescind the contract and claim damages, the people's court shall support it. After the contract is rescinded, the buyer can also claim the return of the purchase price and corresponding losses.

Q4: What should I do if the developer refuses to recognize the appraisal report?

In a lawsuit, the court may appoint an appraisal expert. The court will organize both parties to select an appraisal institution or determine one on its own authority. The appraisal opinion, after cross-examination, will be used as the basis for adjudication. If the developer has objections to the appraisal commissioned by the owner, he or she may also apply for a re-appraisal. The appraisal conclusion accepted by the court shall prevail in the end.

Q5: Are cracks always a problem with the main structure?

Not necessarily. Wall cracks may be caused by temperature, settlement, or renovation. Whether they constitute a quality issue with the main structure requires professional appraisal. If the cracks are through-cracks, affect the bearing capacity, or are accompanied by tilting and settlement, this usually indicates a structural problem. It is recommended to commission an appraisal promptly rather than making judgments based solely on visual observations.

The above questions and answers are mainly based on the judicial practice in the Beijing area. There may be differences in the interpretation of the law in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Legal services for real estate transactions·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on current laws and regulations and publicly available adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.