Although the home decoration project is not large, there may be various problems such as asymmetry of decoration information between the owner and the construction party, and non-standard construction in the decoration industry. How to avoid renovation disputes? Let's take a look at the special reminder from the judge
Scenario one
The law stipulates that the load-bearing wall belongs to the common part of the owner, and the owner shall not destroy its basic function if it is used. Tampering with the load-bearing wall may affect the stability of the entire building, and even cause the structure to collapse due to instability, endangering the life safety of the owner. In addition to civil compensation, private demolition of load-bearing walls may also face administrative and criminal penalties.
Article 5 of the Administrative Measures for Residential Interior Decoration and DecorationThe following behaviors are prohibited in residential interior decoration activities:
A) without the original design unit or the design unit with the corresponding qualification level to put forward the design plan, change the main body of the building and load-bearing structure;
2) Changing rooms or balconies without waterproof requirements into bathrooms and kitchens;
3) Expand the size of the original doors and windows on the load-bearing wall, and remove the brick and concrete walls connecting the balconies;
4) Damage the original energy-saving facilities of the house and reduce the energy-saving effect;
5) Other behaviors that affect the safety of building structure and use.
The main body of the building in these measures refers to the structural structure of the building entity, including roofs, floors, beams, columns, supports, walls, connecting joints and foundations.
The load-bearing structure referred to in these measures refers to the main structural components and its connecting joints that are directly transmitted to the foundation with its own weight and various external forces systematically, including load-bearing walls, poles, columns, frame columns, piers, floor slabs, beams, roof trusses, suspension cables, etc.
Article 15 of the Regulations on the Quality Management of Construction ProjectsFor decoration projects involving changes in the main body of the building and load-bearing structure, the construction unit shall entrust the original design unit or the design unit with the corresponding qualification level to propose a design plan before construction; If there is no design plan, no construction shall be allowed.
In the process of decoration, the user of the building shall not change the main body and load-bearing structure of the building without authorization.
Scenario two
When purchasing furniture, it is necessary to sign a written contract with the merchant to make a detailed agreement on the model, material, price, and delivery time of the furniture. When consumers receive the goods, they should pay attention to check whether the furniture brand and other information are consistent with the purchase, and pay attention to retaining key evidence such as contracts, payment vouchers, and goods at the time of delivery.
Merchants should explain the details of the product changes to consumers in a timely manner, and try to let consumers know everything they should know to avoid unnecessary disputes.
Scenario three
Reasonably arrange the decoration construction time to reduce noise and pollution. The Civil Code stipulates that the adjacent rights holders of immovable property shall correctly handle the adjacent relationship in accordance with the principles of conducive to production, convenience of life, solidarity and mutual assistance, fairness and reasonableness. When decorating, it is necessary to give full consideration to the convenience of life and good-neighborliness of neighboring rights holders, and reduce the impact of decoration on neighbors as much as possible.
Scenario four
When signing the decoration contract, it is necessary to make a clear agreement on the quality of materials and craftsmanship, and it is difficult to ensure the final quality of decoration by oral agreement, and there will be many difficulties in the later stage of rights protection. For the standard contract provided by the decoration company, it is necessary to review it one by one, and for the overlord clause or unacceptable clause, it is necessary to put forward a request for amendment. If the decoration quality is found to be unqualified, pay attention to the relevant evidence of quality defects. If the impact of the quality defect is large or it is difficult to determine, and it is necessary to apply for judicial appraisal, an application for appraisal shall be made in a timely manner.
It should be noted that the statute of limitations for disputes over housing decoration contracts is three years, and beyond the statute of limitations, the other party can defend and no longer be liable.
Scenario five
It is necessary to analyze the reasons for the delay and clarify the responsibilities. If the construction period is delayed due to the reasons of the renovation company and there is no justifiable reason, the owner can terminate the contract after a reasonable period of time and claim compensation for damages.
Some decoration companies only stipulate the total decoration period in the contract, and do not make a clear agreement on the start and completion time. It is recommended to specify the construction period of the project in the decoration contract, specifically to a certain year, month and day, and at the same time, it is necessary to specify in the contract the liability for breach of contract and the way of compensation for losses that the decoration company should bear when the construction period is delayed.
Scene six
When looking for a decoration company, you should understand the market through multiple channels, choose a brand decoration company that has become a scale or has a good reputation, and do not easily sign a decoration contract with some individuals who claim to be "decoration experts". The company's credit situation can be checked through the National Enterprise Credit Information Publicity System, China Judgment Network, China Enforcement Information Disclosure Network, etc., to avoid "stepping on the pit". Be wary of the "low price" of decoration**Some seemingly low-priced** actually have many hidden conditions, which are very likely to cause disputes in the later stage.
*: Cixi Municipal People's Court.
Text: Chen Lujia, Zhu Lingzhi.
Editor: Jiang Ping.