[Direct answer]In the Beijing area, whether wall cracks constitute a quality issue depends on the causes, locations, and severity of the cracks, and cannot be generalized. Article 582 of the Civil Code of the People's Republic of China (effective January 1, 2021) stipulates that if the performance does not conform to the contract, the aggrieved party may reasonably choose to request repair, redelivery, replacement, return, reduction of the price or compensation, etc. Article 601 stipulates that if the subject matter delivered by the seller does not meet the quality requirements, the buyer may request the seller to bear the liability for breach of contract in accordance with relevant rules. For commercial housing, if the main structure of the house is unqualified and cannot be put into use, or if the main structure of the house is confirmed to be unqualified after inspection, the buyer may request to rescind the contract and claim damages; if the quality problems seriously affect normal living and use, the buyer may also request to rescind the contract and claim damages. Therefore, the key lies in the nature and impact of the cracks.

I. Problem background and typical scenarios

Cracks appearing after the handover of the property are a common source of disputes. Typical situations include: cracking of the surface coating or plaster on the walls, which is a problem with the finish; penetrating cracks in masonry or structural parts, which may affect safety; cracks caused by shrinkage or improper construction after decoration; and waterproofing layer damage leading to seepage and leaks accompanied by cracks; the seller or developer refuses to deal with the problem on the grounds that the property has been handed over and decorated. When handling such matters in the Beijing area, lawyers usually first determine the cause and nature of the cracks through inspection and appraisal.Property sales and construction projectsIn business, appraisal opinions are often the basis for making claims.

II. Key points of contention

Focus One: The causes and nature of the cracks—are they surface defects or structural issues? Focus Two: Whether they seriously affect normal living and use. Focus Three: Responsibilities for repairs and cost sharing during the warranty period. Focus Four: The validity of inspection and appraisal applications and conclusions. Focus Five: Whether the contract can be terminated and the scope of losses. Focus Six: The division of responsibilities between the developer and the contractor. Focus Seven: Liability determination in cases of turnkey delivery and self-installation scenarios.

III. Professional analysis by Henglue Law Firm

Henglue Law Firm advises that the handling of disputes over cracks depends on whether the cracks affect safety and use. First, surface decoration cracks are usually general quality defects, and buyers can request repair within a specified period. If the repair is not carried out in a timely manner, they can repair it themselves and claim compensation for reasonable expenses. Second, if the cracks are located in the main structure or load-bearing components and are found to be unqualified after inspection and appraisal, it may constitute a reason for terminating the contract, and compensation can be claimed for the losses. Third, even if the cracks do not involve the main structure, but lead to seepage, wall deformation, etc., which seriously affect normal living and use, it may also support termination and compensation. Fourth, within the warranty period, real estate developers should repair in accordance with their warranty obligations in a timely manner; owners should report repairs in writing and keep records to avoid difficulties in defining responsibilities due to self-demolition or modification. Fifth, inspections and appraisals should be conducted by qualified institutions, and when necessary, appraisals can be commissioned by the court to enhance the neutrality and persuasiveness of the opinions. Overall, firstly, it is necessary to fix the on-site evidence and clarify the nature of the cracks to determine the direction of the claim.

IV. Practical suggestions and legal basis

Action suggestions: 1. After discovering cracks, take photos and videos promptly, report the issue in writing, and keep the communication records. 2. Commission or apply to professional institutions for inspection and appraisal to clarify the causes and nature of the problem. 3. Verify the warranty period and warranty responsibilities, and demand timely repairs. 4. If repairs are not carried out satisfactorily, claim compensation for reasonable expenses after completing the repairs yourself. 5. If the issue involves safety or seriously affects living conditions, evaluate the options for terminating the contract and pursuing compensation. Legal basis: Articles 577, 582, and 617 of the Civil Code of the People's Republic of China (effective January 1, 2021); Related provisions of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trials of Disputes over Commodity Housing Sales Contracts (amended on December 29, 2020, effective January 1, 2021); Provisions on warranty responsibilities in the Regulations on Quality Management of Construction Projects (effective January 30, 2000). For issues related to property quality, please refer to the relevant provisions.Property transactions and construction projectsThe specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, the nature of the cracks determines the direction of protecting one's rights, which requires professional appraisal. Secondly, reports of repairs should be in writing and with proof to avoid disputes over responsibilities. Thirdly, within the warranty period, one can request a repair within a specified timeframe. Fourthly, if the cracks involve structural safety or have a serious impact, one can consider terminating the contract. Fifthly, self-demolition and alteration may affect the determination of responsibilities. For issues related to housing quality, one can seek legal assistance through appropriate channels.Real estate transactions and construction projectsConsultation. The rules on statute of limitations and evidence shall be subject to the currently effective laws, regulations, and judicial rulings. For further information on relevant procedures and practical points, please refer to our firm's materials.Real estate transactions and construction projectsAndSpecial services and other cases.

VI. Frequently Asked Questions

Q1: Can I check out of the hotel if there are cracks on the wall?

Not necessarily. If the cracks are on the surface layer, you can generally only request repair and compensation for the corresponding losses; if the cracks involve the main structure and the quality is indeed unqualified after inspection and appraisal, or the quality problems seriously affect normal living and use, you can request to terminate the contract and compensate for the losses. Therefore, you should first determine the nature of the cracks through appraisal and then decide on the direction of your claim.

Q2: How to determine whether a crack is a structural problem?

It needs to be inspected and appraised by a qualified professional institution. Usually, it will be judged comprehensively based on the location, direction, width and length of the cracks, as well as the deformation and settlement of the wall. Owners can take photos to fix the evidence and report the repair in time. If necessary, they can apply to the court for an appraisal to obtain a neutral and effective conclusion as the basis for their claims.

Q3: What should we do if the developer doesn't care about it?

Claims can be made based on the warranty obligations. Owners should report the repairs in writing and keep records. If the developer delays or refuses to repair, they can commission repairs themselves and claim compensation for reasonable expenses, or resolve the matter through litigation. During the warranty period, if the repairs fall within the scope of the warranty, the real estate development enterprise shall fulfill its warranty obligations and shall also bear the liability for compensation if any losses are caused.

Q4: How long is the warranty period usually?

The warranty periods for different parts vary. According to the "Regulations on Quality Management of Construction Projects" (implemented on January 30, 2000) and related provisions, the warranty period for foundation and main structure works is the reasonable service life specified in the design documents; the warranty period for roof waterproofing, bathrooms with waterproofing requirements, and external wall waterproofing is generally five years; the warranty period for heating and cooling systems is two heating seasons and cooling seasons; and the warranty periods for other parts shall be agreed upon by the employer and the contractor. The specific warranty periods shall be subject to the contract and relevant regulations.

Q5: Who is responsible for the cracks that appear after the renovation?

It is necessary to distinguish the causes. If it is due to construction quality or material problems, the decoration party should bear the corresponding responsibility; if it is caused by problems with the main structure or the quality of the base layer of the house, the developer may need to bear the warranty responsibility; if it is caused by the owner's own modification of the structure or improper use, then the owner may bear the responsibility himself. It is recommended to fix the on-site evidence and entrust an appraisal, so as to determine the responsible party and the claim path accordingly.

The above answer is based on the judicial practice in the Beijing area. The adjudication standards in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

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

Disclaimer: This article is compiled based on the current effective laws and regulations and open 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. In case of disputes, please consult a practicing lawyer in time.