[Direct answer]In the Beijing area, if quality issues are discovered after receiving the property, it is necessary to first identify the responsible parties before determining the targets of legal protection. The first category involves responsibilities for the main structure of the building and the quality of the house, such as the foundation, main structure, waterproofing works, exterior wall insulation, and leakage. These fall within the scope of the developer's warranty for commercial housing, and claims should be directly made against the developer. According to the "Measures for the Sale of Commercial Housing" (Ministry of Construction Order No. 88) and relevant judicial interpretations, the developer shall bear the responsibility for warranty and compensation for the main structure and foundation of the house within a reasonable service life. The second category concerns quality issues with decoration and equipment installation, such as doors and windows, flooring, walls, plumbing and electrical wiring. It should be distinguished whether the decoration was provided by the developer upon delivery or was commissioned by the owner: in the former case, claims should be made against the developer; in the latter case, claims should be made against the actual decoration companies and relevant responsible parties. The third category involves problems caused by improper use and maintenance, such as owners' unauthorized structural modifications, improper decoration leading to leakage, and damage to equipment due to improper use. The responsibility lies with the owners themselves or relevant responsible parties. The fourth category involves issues within the scope of property management services, which should be claimed against the property management companies. It should be noted that the warranty period is limited. Generally, the owner shall bear the responsibility for issues beyond the warranty period, unless there is evidence proving that they are quality problems.Property sales and construction projectsThe services in this column can help divide responsibilities and assert rights.

I. Problem Background and Typical Scenarios

Common quality disputes include: external walls or bathroom leaks appearing shortly after delivery; empty and cracked floors and walls; poorly sealed doors and windows or exploding glass; damage to water pipes and electrical wires during the warranty period; cracks in load-bearing structures; and unclear responsibilities for public and private areas.Special services and other casesThe explanations about the division of responsibilities in the column can be used for reference. Quality problems are often discovered after occupancy, and by that time, the house may have been in use for a long time, making it increasingly difficult to provide evidence.

II. Key points of contention

Focus One: Identifying the Causes of the Problem. Focus Two: Application of the Warranty Period. Focus Three: Determining the Subject of Quality Liability. Focus Four: Initiating the Appraisal Process. Focus Five: Claims for Repair Costs and Damage Compensation. Focus Six: Defining the Liability Boundaries After Owners Conduct Self-Repairs.Intellectual property protection and corporate lawThe analysis of the contract terms in the column is for reference. Focus Seven: Determination of the starting time of the warranty period and handling of situations where the delivery documents record a time that differs from the actual delivery time.

III. Professional analysis by Henglue Lawyers

Take a dispute over a pre-sale contract for commercial housing represented by Attorney Tian Jiaoyan of our firm as an example: The buyer signed a pre-sale contract to purchase a house, and the contract stipulated the delivery date and the method of calculating the breach of contract penalty for late delivery. However, the actual delivery time of the developer was much later than the agreed date. In the representation, the lawyer's work is divided into two steps: first, accurately calculate the number of days of delay and the application of the grace period; second, check the breach of contract penalty standard stipulated in the contract and calculate the claimed amount accordingly. This working method is also applicable to the handling of quality issues: first, accurately identify the disputed points, then refer to the contract terms and statutory rules for evidence. In the protection of quality rights, lawyers usually first organize evidence fixation, including on-site images, third-party inspections, repair records, and communication records, then initiate appraisal procedures to clarify the causes of responsibility, and then claim repair or compensation based on the appraisal conclusions.Personal injury and medical disputesThe ideas on organizing evidence of losses in the column can be used for further reference. This case was handled by Beijing Henglu Law Firm.Tian JiayanThe attorney (practice certificate number: 11101202111381309, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action suggestions: First, immediately take photos and videos of the problem and preserve the scene after discovering it; Third, check the purchase contract and quality assurance certificate to verify the warranty scope and period; Fourth, notify the developer in writing and request repair within a specified time limit; Fifth, entrust a third party to conduct inspections or appraisals before rectification; Sixth, keep the repair cost receipts and communication records. Legal basis: The Civil Code of the People's Republic of China (effective January 1, 2021), the provisions on breach of contract liability and sales contracts in the Contract Chapter; the rules on warranty scope and period in the relevant provisions on the sale of commercial housing; the relevant provisions on quality management of construction projects; the specific application shall be subject to the currently effective laws, regulations and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, during the warranty period, maintenance itself is a statutory obligation of the developer, and it should not be refused on the grounds of affecting the move-in. Secondly, appraisal before repair is very important, as direct repair may affect subsequent evidence collection. Thirdly, the expiration of the warranty period does not mean exemption from liability. If there is evidence proving that it is a quality problem, the claim can still be made. Fourthly, the collateral effects caused by the owner's own decoration should be clearly distinguished. Fifthly, the warranty period is usually calculated from the date of delivery. Pay attention to checking the date recorded in the house acceptance documents and the contract. Sixthly, the warranty and compensation can be claimed in parallel, and the repair costs and the losses caused by it can all be included in the request.Business and contract disputes in enterprisesThe division of responsibilities in the column can be further explained.

VI. Frequently Asked Questions

Q1: Should I report housing quality issues to the developer or the property management company?

It depends on the nature of the problem. For quality issues such as the main structure of the building, foundation, waterproofing, and exterior wall insulation, you should contact the developer, as this is within their legal warranty and responsibility scope. For matters related to community public areas, landscaping, security, and cleaning, contact the property management company. For issues caused by renovations to the owners' exclusive portions, contact the actual contractors. Therefore, it is recommended to first determine which category the problem belongs to and then identify the responsible party. If you are unsure, you can first request a third-party inspection to clarify the cause, to avoid delaying the protection of your rights by addressing the wrong party.

Q2: How long is the warranty period?

According to relevant regulations, different parts have different minimum warranty periods: the foundation and main structure are subject to the reasonable service life specified in the design documents; the roof waterproofing, bathrooms with waterproofing requirements, and the anti-leakage of room and external walls are guaranteed for five years; the heating and cooling systems are guaranteed for two heating and cooling periods; electrical wiring, water supply and drainage pipes, and equipment installation and decoration projects are guaranteed for two years. It should be noted that the two-year warranty period for decoration projects usually starts from the date when the decoration is completed and put into use, rather than from the date when the house is delivered. Therefore, the delivery time should be recorded separately in the case of owners doing the decoration themselves.

Q3: Can I still claim compensation for quality issues that arise six months after the handover of the property?

It is necessary to distinguish the nature of the problem and whether it is within the warranty period. If it belongs to the statutory long-term liability scope such as the main structure and foundation, it can still be claimed even if it has been a long time; if it belongs to decoration projects or waterproofing projects, it will be more difficult to claim if it exceeds the minimum warranty period. However, if there is evidence to prove that it is a quality defect rather than natural wear and tear, it is still possible to obtain support in practice. The key is to preserve evidence: the acceptance records at the time of delivery, the time when the problem first appeared, the repair records, the conclusions of third-party inspections, and the records of communication with the developer, all of which can help you prove the nature of the problem.

Q4: If the developer delays the construction and refuses to repair, can we sue them?

Yes. First, send a written notice to the developer, requiring them to fulfill their warranty obligations within a reasonable timeframe and retain the delivery receipt. If the other party fails to fulfill their obligations or refuses to handle the matter within the time limit, you can file a lawsuit with the people's court, demanding that they fulfill their warranty obligations or compensate for the repair costs and corresponding losses. When filing the lawsuit, you should submit the purchase contract, the quality guarantee, the written notice and delivery evidence, on-site images, third-party inspection or appraisal conclusions, and repair cost invoices. It should be noted that the appraisal conclusions are crucial for determining liability, so it is recommended to complete the appraisal before filing the lawsuit to enhance the persuasiveness of your case.Real estate transactions and construction projectsThe column can also provide an explanation of the legal remedies available for protecting one's rights.

Q5: Is it useful to contact the property management company?

It depends on the specific circumstances. The responsibility of property service enterprises is to provide management and maintenance services in accordance with the service contract. Generally, the repair of the main structure of the building is the responsibility of the developer, and the property management company is usually only responsible for coordinating and reporting repairs. However, if the problem involves the management of public areas, the maintenance of shared facilities, or environmental issues in the residential community, the property management company should assume corresponding responsibilities. In this case, it is more effective to claim against the property management company. In practice, a more effective approach is to first report the repair to the property management company and keep the work order records, requiring them to provide a written feedback on the handling results. If the property management company evades responsibility or the problem persists after handling, then the claim should be directed to the developer, and the property management company's evasive behavior can be used as supporting evidence.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm for specific cases.

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

Disclaimer: This article is compiled based on the current laws and regulations and public 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.