When taking handover of a new home, inspect on the spot and write problems into the handover record; for leaks and faults in water and power lines, go to the developer for repairs within the warranty period in the Residential Quality Warranty

When the developer hands over, it must give you a Residential Quality Warranty (《住宅质量保证书》). The contractor’s statutory minimum warranty periods are 5 years for leaks in bathrooms, roofs, and exterior walls, and 2 years for water and power lines and fit-out, all counted from completion acceptance. The warranty the developer gives you must not be shorter than what remains of the contractor’s warranty. If within the warranty period it will not repair or keeps delaying, you may hire someone yourself and the developer pays.

Cost

No monetary cost. Spend two or three extra hours on handover day checking walls, floors, doors, windows, and utilities room by room, and photograph for the record. Hiring someone to help inspect costs extra.

Benefit

Ministry of Housing and Urban-Rural Development rules state that when selling commercial housing, the developer must provide the buyer with a Residential Quality Warranty (《住宅质量保证书》) and Residential Use Instructions (《住宅使用说明书》). The developer bears quality warranty liability for homes it sells; the warranty period runs from the day of handover. The commercial-housing warranty must not be shorter than what remains under the quality warranty the contractor gave the developer. For quality problems within the warranty scope during the period, the developer must repair and also compensate for losses caused. Damage from force majeure or improper use is not the developer’s responsibility. The contractor’s minimum warranty periods are set by a State Council regulation, counted from the day of passing completion acceptance. Roof waterproofing, and seepage prevention for bathrooms, rooms, and exterior walls that require waterproofing, is 5 years. Heating and cooling systems are 2 heating seasons and cooling seasons. Electrical lines, water-supply and drainage pipes, equipment installation, and fit-out works are 2 years. Foundations and the main structure last for the reasonable service life stated in the design documents. A Supreme People’s Court judicial interpretation states that during the warranty period the developer bears the duty to repair. “If the seller refuses to repair or delays repair beyond a reasonable period, the buyer may repair personally or through others. The repair cost and other losses caused during the repair period are borne by the seller.” If a quality problem seriously affects normal residence and use, you may end the contract and demand compensation. If the main structure fails inspection as unqualified, you may also end the contract and demand compensation. Checking room by room on handover day, writing problems into the handover record, and photographing them is the author’s experience. Improper use is outside the warranty, so problems noted at handover are hard for the developer to blame on your later renovation.

Notes

Warranty scope and term must be agreed with you in the contract; the contract and the Residential Quality Warranty govern. If what is written is longer than the statutory minimum, the longer term applies. The sales administration measures also mention the 1998 quality-warranty system rules; the original minimum periods in that text were not retrieved here, so no figures are given. When a problem appears within the warranty period, first notify the developer in writing and keep a copy — the author’s experience. If the developer will neither repair nor accept responsibility, you have to sue. Ordinary first-instance procedure starts at 6 months; summary procedure is 3 months; lawyer fees are generally yours. Area and advertising promises that do not match: see item 12 (area difference). Late handover or late title deed: see item 13 (late handover). Benefit set to medium by judgment: repair costs vary widely by home and problem, with no uniform statistic.

Sources · 4

1. 建设部 (2001). 商品房销售管理办法（建设部令第 88 号，第三十二、三十三条）. gov.cn/gongbao/content/2002/content_70143.htm
2. 国务院 (2019 修订). 建设工程质量管理条例（第四十条）. flk.npc.gov.cn/detail?id=ff8080816f3cbb3c016f…
3. 建设部 (2000). 房屋建筑工程质量保修办法（建设部令第 80 号，第七、八、十七条）. gov.cn/gongbao/content/2001/content_60677.htm
4. 最高人民法院 (2020 修正). 关于审理商品房买卖合同纠纷案件适用法律若干问题的解释（第九、十条）. court.gov.cn/fabu/xiangqing/282621.html