Is it illegal to hand over a house without three copies, one certificate and one form?

It is illegal to hand over a house without three copies, one certificate and one form.

Illegal building:

Buildings without three certificates, one form and one book are illegal buildings, and the state has the right to demolish them forcibly. If the developer hands over the house in violation of regulations and fails to provide the record form for house completion acceptance, he may complain to the Housing Authority and claim compensation from the developer. According to the regulations, when selling houses, real estate development enterprises should clearly indicate to the buyers the energy-saving measures of the houses sold, the warranty period of insulation works and other information, which should be stated in the house sales contract, quality guarantee and instructions for use, and be responsible for their authenticity and accuracy.

Three books, one certificate and one form:

What are the "three books"? They refer to residential quality guarantee, residential instruction manual and construction quality certificate; "One certificate" refers to the comprehensive acceptance certificate for the completion of real estate development and construction projects; "Table 1" refers to the completion acceptance record. The construction quality certificate is the certificate that the house has passed the quality acceptance of the relevant departments.

"Certificate of Comprehensive Acceptance of Real Estate Development and Construction Project Completion" is the certificate of comprehensive acceptance of real estate projects by relevant departments. "Completion Acceptance Record Form" is the detailed information of the acceptance record submitted by the real estate to the competent department, and it is the sign document that the developer must be responsible for the real estate. These three documents are the signs that the building has passed the acceptance and been recognized by the relevant state departments, and are the necessary conditions for developers to hand over the building. However, many developers have issued a notice of repossession when the construction has not been accepted. For example, property buyers take back the building in some way and sign relevant documents. According to the principle of freedom of contract and autonomy of will, once signed, it is regarded as recognition of the quality of the building. It is difficult for buyers to get legal support in litigation. "Housing Quality Guarantee" is the developer's commitment to housing quality and warranty period and scope. "Residential Instruction Manual" refers to the specific technical indicators in housing design, construction and acceptance, such as seismic indicators and wall structure types. Therefore, property buyers must remember to ask developers to show "three books, one certificate and one form" before taking over the house to ensure that the building has passed the acceptance and is consistent with the purchase contract. Only when the documents are complete can you sign the occupancy form and take over the house.

The consequences of incomplete three books, one certificate and one form:

If the "three books, one certificate and one form" are not all repossessed, the house will be regarded as delivered after the owner repossesses the house, indicating that the owner has approved the developer's behavior, so the risk of damage or loss of the house will be borne by the owner, which means that the owner has approved the quality of the house. If the owner can't get the "Completion Acceptance Record Form" because of the unqualified housing quality in the future, the owner will be at a disadvantage when suing the developer.

New house delivery:

You also need to bring your ID card, purchase subscription book and notice of repossession. The information required for the delivery of new houses in different properties is different. When delivering the new house, the owner can consult the relevant personnel in advance to confirm the information to be carried, so as to reduce unnecessary troubles.

Legal basis:

People's Republic of China (PRC) Energy Conservation Law

Article 36 When a real estate development enterprise sells a house, it shall clearly indicate to the purchaser the energy-saving measures of the house sold, the warranty period of the thermal insulation project and other information. , should be stated in the housing sales contract, quality guarantee and instructions for use, and be responsible for its authenticity and accuracy.