[Direct answer]In the Beijing area, this is feasible under certain conditions, but the prerequisite are that the maintenance issues fall within the developer's warranty obligations, and the developer still delays or refuses to perform the maintenance after being urged to do so. According to Article 33 of the "Measures for the Sale of Commercial Housing" (implemented on June 1, 2001), real estate developers shall bear quality warranty responsibilities for the commercial housing they sell. If non-human-induced quality issues occur during the warranty period, buyers have the right to demand that the developer fulfill its maintenance obligations. If the developer delays without a valid reason, buyers may entrust a qualified third party to perform the maintenance, and retain the contract, repair records, repair invoices, and payment receipts to claim deductions or compensation for reasonable maintenance costs. Action guidance: First, send a written notice to the developer to fix evidence, then carry out the repair work on their own and claim compensation. It is important not to act without prior authorization.

I. Problem Background and Typical Scenarios

After the delivery of new houses, quality problems such as water seepage on walls, leaking pipes, and cracking on external walls are quite common. Typical scenarios include: developers refusing to repair on the grounds of "exceeding the warranty period" or "improper use"; owners repeatedly reporting repairs but never getting them fixed; developers verbally agreeing to repair but delaying the process; and developers refusing to pay for repairs after owners hire contractors themselves, or even demanding that the repair costs be deducted from the final payment. Many owners worry that "if they repair it themselves, they won't get their money back," or fear that self-repair might be considered as damaging the scene and exacerbating the losses. The core of such disputes lies in the attribution of the obligation to repair and the reasonableness of the costs of self-repair. For more information, please refer to the relevant rules.Legal services for real estate transactions and construction projects.

II. Key points of dispute

The dispute focuses on four points. Firstly, the boundaries of warranty responsibilities: during the warranty period, developers are obligated to repair quality issues caused by non-human factors; after the warranty expires or in the case of human-induced damage, the repair responsibility may be transferred to owners or property management companies. Secondly, the necessity of self-repair: only when developers fail to fulfill their obligations and delay repairs that could lead to increased losses, will the cost of self-repair be more likely to be supported. Thirdly, the reasonableness of expenses: repair projects, pricing standards, and the qualifications of contractors all affect the court's determination of the amount. Fourthly, the closed-loop of evidence: repair notifications, on-site photos, repair contracts and invoices, and payment receipts are all indispensable. In the judicial practice of Beijing, whether owners can form a complete chain of evidence often determines the success or failure of their claims.

III. Professional analysis by Henglue Law Firm

The defects in project quality and liability for repairs are frequent disputes in construction and real estate disputes. A construction contract dispute handled by Attorney Li Yonghui fully demonstrates the trial logic of quality defense and payment liability. On May 15, 2023, A (Beijing) Construction Engineering Co., Ltd. and Beijing B Engineering Co., Ltd. signed the "Labor Subcontracting Contract for Housing Construction and Municipal Infrastructure Projects in Beijing City", stipulating that A Company would undertake the HVAC engineering of a new commercial project in a certain town of Jinshan District, Shanghai City. The estimated total contract price, including taxes, was 5,300,000.19 yuan. As of January 2025, A Company had completed an estimated total project volume of 4,939,806 yuan, accounting for 96% of the total contract price, but B Company only paid 1,680,000 yuan and offset part of the project payment with housing. B Company defended that the project had not passed the completion and acceptance inspection, and there were quality problems such as pipe leakage and rust, and it separately commissioned a third party to rectify the problems, claiming to deduct the rectification costs. Attorney Li Yonghui pointed out that the commercial plaza where the project is located had been opened and put into use in December 2025, and the HVAC engineering had been actually delivered and put into operation. According to Article 14 of the "Interpretation of the Supreme People's Court on Legal Issues Applicable to the Trials of Construction Contract Disputes" (effective from January 1, 2021), if the employer uses the construction project without completing the completion and acceptance inspection, it shall be deemed that the project has been completed, and the payment conditions stipulated in the contract have been fulfilled. At the same time, three "Application Forms for Progress Payment of Subcontracted Projects" were signed by B Company's deputy general manager and project manager and stamped with the budget department's official seal. B Company also acknowledged in the court hearing that 96% of the project volume had been completed, and according to the 85% payment ratio, it should pay 4,198,835.10 yuan; deducting the 1,680,000 yuan already paid and the 1,408,260.75 yuan of the discounted payment confirmed by both parties, B Company still owed 1,110,574.35 yuan. After the court trial, the court adopted the lawyer's opinion and ordered B Company to pay the remaining project payment and overdue interest. This case reminds us that the defense of quality defects must be supported by sufficient evidence, otherwise it cannot oppose the fulfilled payment obligation; similarly, when buyers face developers' delay in repairs, they should also build an evidence loop through repair records and inspection reports. This case was handled by Beijing Henglu Law Firm.Li YonghuiThe attorney (practice certificate number: 11101199611955812, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

The legal basis includes Article 33 of the "Measures for the Administration of the Sale of Commercial Housing" (implemented on June 1, 2001) regarding the warranty period and warranty responsibilities; Article 57 of the "Regulations on Quality Management of Construction Projects" (implemented on January 30, 2000) regarding the quality warranty obligations of construction units; Article 577 of the "Civil Code of the People's Republic of China" (implemented on January 1, 2021) regarding breach of contract liability, Article 582 regarding repair and replacement for defective performance, and Article 1167 regarding removal of obstacles and elimination of danger; Article 5 of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trials of Disputes over Contracts for the Sale of Commercial Housing" (implemented on January 1, 2021) regarding quality issues and breach of contract liability. Action list: First, carefully inspect and accept the property upon delivery and immediately report quality issues in writing with proof of notification. Second, during the warranty period, prioritize requiring the developer or property management company to repair the issues. If no response is received after prompting, consider self-repair. Third, before self-repair, evaluate the necessity and urgency of the repair, select a qualified contractor, and sign a written contract. Fourth, keep complete records of repair notifications, on-site photos and videos, repair plans, contracts, invoices, and payment receipts. Fifth, claim deduction from the developer for reasonable repair costs or file a separate lawsuit for compensation. For more details, please refer to the following link: [Link]Legal services for real estate transactions and construction projects.

5. Henglu Law Firm's Reminder

When making a claim for self-repair, it's most important to avoid "acting first and reporting later, or lacking evidence". If you directly hire someone to repair without notifying the developer or leaving a record, the expenses are likely to be disapproved; if the repair items exceed the scope of quality problems or the pricing is obviously too high, the compensation will also be reduced. It is recommended to first notify the developer in writing to repair within a reasonable period of time. If the developer fails to repair or refuses to do so, you can then entrust a third party to do the repair and document every expense in writing. At the same time, distinguish between warranty responsibilities and repairs of common areas of the property: if there are leaks in common areas such as roofs and external walls, you can apply for the use of repair funds in accordance with the "Beijing Municipal Management Measures for Special Repair Funds for Residential Buildings". When handling similar cases in the Beijing area, it is recommended toBeijing Henglu Law FirmUnder the assistance of professional lawyers, we evaluate the repair plan and the path of evidence collection.

VI. Frequently Asked Questions

Q1: If the developer refuses to repair it, can I get my money back after hiring someone to finish the repair myself?

It's possible if the conditions are met. The prerequisite are that the maintenance matters fall within the developer's warranty obligations, and the developer still delays or refuses to perform the maintenance after being reminded. In this case, the owner entrusting a qualified third party to carry out the maintenance is a reasonable measure to prevent the loss from expanding, and the relevant expenses can be claimed from the developer as a deduction from the purchase price or as a separate claim. However, it is necessary to issue a written reminder and keep records of the maintenance requests, otherwise the reasonableness of the expenses will easily be questioned. The court will review the necessity of the maintenance and the appropriateness of the pricing, and not all self-repair expenses can be fully supported. The part exceeding the reasonable range may be borne by the owner himself.

Q2: What evidence materials are needed for self-repair?

The key is to form a complete chain of evidence: first, repair notice and reminder records, such as written letters, text messages, property work orders, and call recordings; second, on-site evidence, including photos and videos with time stamps, and, if necessary, reports issued by third-party inspections; third, repair contracts and construction plans, specifying the project, standards, and construction period; fourth, expense vouchers, such as formal invoices, transfer records, and bill of quantities; fifth, proof of losses, such as appraisals of flooded furniture and repaired walls. The more complete the evidence chain is, the more stable the claim will be. Beijing area courts place particular emphasis on the standardization of repair records and invoices.

Q3: How much does it cost to hire someone to repair it?

The cost varies greatly depending on the type of problem and the area, with no unified standard. For example, wall leakage and pipeline repair may cost thousands of yuan, while the overall waterproofing of external walls or roofs may cost tens of thousands of yuan. It is recommended to obtain quotes from two to three qualified contractors before repair to avoid fees that deviate significantly from the market price. Payments should be made through corporate accounts and invoices should be requested. Whether the developer will ultimately bear these costs depends on the determination of warranty responsibilities and the sufficiency of evidence. Lawyer's fees are charged separately according to the contractual agreement and should not be confused with repair costs.

Q4: How long does it usually take from reporting a repair to receiving compensation?

If the developer approves and settles the matter directly, it can be resolved in a few weeks. If no agreement can be reached, the case will first be mediated by the property management, the community, or the housing and construction department, and then litigation will be initiated. The first-instance simple procedure will be concluded within three months, and the ordinary procedure within six months. However, the appraisal process may prolong the timeframe. For similar housing quality disputes in Beijing, if mediation fails and the case proceeds to litigation, it often takes several months to more than a year from filing the case to enforcement. It is recommended to fix the evidence as soon as possible to avoid further losses, and if necessary, apply for property preservation at the same time.

Q5: The developer said they won't deal with it after the warranty period. What should I do?

First, check the contract and the statutory warranty period: the minimum statutory warranty period for roof waterproofing, bathrooms and rooms with waterproofing requirements, and external wall anti-leakage is five years; for electrical wiring and water supply and drainage pipes, it is two years; and for the foundation and main structure, it is the design service life. If it is indeed within the warranty period, the developer cannot evade responsibility by saying that "the warranty has expired"; if it has already expired, you can check whether it is a problem with the main structure or caused by the developer, and the developer may still bear responsibility. If there is no progress in the negotiation, you should promptly entrust a lawyer to evaluate the evidence and litigation plan, and don't be discouraged by the phrase "the warranty has expired".

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 Henglue Lawyers about specific situations.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Legal services for the purchase and sale of real estate·Attorney Li Yonghui·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. If you encounter disputes, please consult a practicing lawyer in time.