Will be implemented on September 1 day! Qingdao will fully implement the "priority housing"

Official website, July 20th, Qingdao Housing and Urban-Rural Development Bureau recently issued the Notice of Qingdao Housing and Urban-Rural Development Bureau on Further Implementing the Main Responsibility of the Construction Unit for Project Quality.

It is reported that this document was published for comments on February 2, this year, and it was officially issued this time. It will be implemented from September, 2022 to August 3, 2027. It is clearly stated in the latest notice: strengthen the quality management of residential projects. This paper mainly puts forward specific measures to strengthen the quality management of residential projects from the aspects of fully implementing housing priority, deepening the disclosure of quality information of residential projects, advocating the issuance of quality certificates according to sets (households), strengthening the linkage management with housing pre-sale, clarifying the quality warranty period, and promoting the insurance of potential defects in residential project quality.

Notice on further implementing the main responsibility of the construction unit for project quality

full text

The administrative departments of housing and urban-rural construction in all districts and cities, the Housing and Urban-rural Construction Bureau of West Coast New District, and all relevant units:

In order to implement the spirit of the Notice of the Ministry of Housing and Urban-Rural Development on Implementing the Main Responsibility of the Construction Unit (JQG [2020] No.9) and the Implementation Measures of the Provincial Construction Department on Compacting the Main Responsibility of the Construction Unit (LuJian Zhujian [202 1] 14), comprehensively compact the main responsibility of the construction unit and effectively strengthen the quality management of construction projects,

First, clear the main responsibility of the construction unit quality.

As the general lead unit of engineering construction activities, the construction unit is the first responsible person of engineering quality, which plays a leading role in ensuring the engineering quality and takes full responsibility for the engineering quality according to law. The construction unit shall strictly implement the project legal person responsibility system, fully perform the management responsibility, carry out the quality evaluation of the project construction, and ensure that the project quality conforms to laws and regulations, mandatory standards for project construction and contractual agreements. Encourage engineering quality to meet and exceed industry standards and national standards.

(A) establish and improve the project quality management system

The construction unit shall, according to the scale of the project, establish a project management organization in accordance with the relevant provisions, and be equipped with project leaders, project quality supervisors and other management personnel to clarify their quality responsibilities and job requirements. If the construction unit does not have the management conditions, it may employ professional institutions or personnel, or entrust a project management institution with corresponding capabilities to provide professional management and services for the whole process of project construction.

1. Strengthen the allocation of project management personnel. Large-scale housing construction projects stipulated in the Standards for the Practice Scale of Registered Architects shall be equipped with no less than 2 construction quality supervision personnel, and have the engineering construction qualification or the intermediate and above professional technical titles. The person in charge of small and medium-sized housing construction projects as stipulated in the Standards for the Practice Scale of Registered Architects shall have the qualification of engineering construction or the title of intermediate or above in engineering construction.

2. Strictly implement the project legal person responsibility system. Strengthen the collection of quality credit information of the construction unit, its legal representative and the person in charge of the project, interview the responsible subject and relevant leaders of the unit with illegal behaviors, record their bad behaviors in the credit files of enterprises and individuals, and share and exchange data with the project approval management system. The main body of illegal acts will be listed as the key supervision object, and at the same time, disciplinary measures such as public notification, interviewing the person in charge of the enterprise, and canceling the qualification of evaluation and evaluation will be taken to compact the project legal person responsibility system and ensure the quality and safety of the project.

3. Overall compaction project quality lifelong responsibility system. The construction unit shall establish and improve the quality lifelong responsibility information file of the project leader to realize the traceability of quality responsibility. The legal representative of the construction unit shall sign the power of attorney of the legal representative in accordance with the regulations, and clarify the quality responsibility of the project leader. The person in charge of the project shall sign a commitment letter of lifelong responsibility for project quality in accordance with the provisions, and organize, coordinate and manage the project construction work in accordance with relevant laws, regulations and standards. The person in charge of the project of the construction unit shall bear the corresponding lifelong responsibility for the project quality within the design service life of the project, and bear the corresponding responsibility for the project quality accidents or quality problems caused by illegal or improper behavior; If the project quality causes losses to the project owner, user or third party, the construction unit shall be liable for compensation according to law. If there are other responsible persons, they may claim compensation from the relevant responsible persons according to law.

(B) to strengthen the pre-control management of construction projects

1. Strictly implement capital construction procedures. The construction unit shall, in accordance with the provisions, provide the survey, design, construction and supervision units with the original materials related to the project construction, and ensure their truthfulness, accuracy and completeness. According to the principle of first survey, then design and then construction, the construction permit and other construction procedures shall be handled according to the law and regulations. It is forbidden to start construction without obtaining a construction permit, it is forbidden to express or imply that the construction unit has started construction in violation of regulations, and it is forbidden to put it into use without organizational completion acceptance or unqualified acceptance.

2. Strictly implement the project contracting system. The construction unit shall contract out the project to qualified survey, design, construction, supervision and other units according to law, and shall not dismember the contracted project, designate subcontractors in violation of regulations, directly contract out professional subcontracting projects such as ready-mixed concrete, designate the construction unit to purchase prefabricated building components, building materials and equipment for the project, or designate production enterprises (suppliers) according to the contract, and shall not express or imply that the construction unit uses unqualified building materials, building components and equipment.

3. Ensure the reasonable construction period of the project. The construction unit shall reasonably determine the construction period of the project according to the construction period quota and the specific conditions of the project, ensure the funds needed for the project construction, pay the expenses in time according to the contract, and shall not arbitrarily compress the reasonable construction period. If it is really necessary to adjust the construction period and it is feasible, technical measures and schemes to ensure the quality and safety of the project shall be put forward, which can be implemented only after expert argumentation, and the corresponding increased expenses shall be borne. The construction unit stops work due to force majeure, heavy polluted weather, major event guarantee and other reasons. , and the construction unit to adjust the contract, the relevant expenses should be adjusted accordingly. The construction unit shall strictly implement the node duration and total duration agreed in the construction contract. If the construction period of the project is above 10% (excluding), engineering and technical experts at or above the municipal level shall be organized to demonstrate the compliance and feasibility of relevant technical measures, and bear corresponding quality and safety responsibilities; Once the contract term is determined, it shall not be changed in principle; If it is really necessary to change, it shall take the initiative to solicit the opinions of the general contractor. After the two sides reach an agreement, the construction unit shall organize experts at or above the municipal level to demonstrate and pass, and inform the quality supervision institution in time. The compression of the construction period shall not reduce the engineering quality standard.

4. Standardize the pricing behavior of the project price. The construction unit shall scientifically and reasonably determine the project cost. When compiling the construction project budget, the relevant fees should be charged according to the quality excellence goal, the technical measures for special treatment of common quality defects in residential projects and the requirements for compiling intelligent chemicals. If the construction unit compresses the fixed construction period and the contract construction period, it shall pass the technical evaluation of the engineering construction experts and bear the additional expenses arising from the compression of the construction period. When compiling bidding documents and signing contract terms, pricing risk clauses should be set reasonably, and the adjustment scope of materials, risk scope and adjustment methods beyond the scope should be clearly defined. Unlimited risk, all risks or similar statements should not be used to specify the content and scope of risks in pricing. Newly started large and medium-sized government investment projects encourage the implementation of construction process settlement and simplify completion settlement.

(3) Strengthening the quality management of construction projects.

1. Strictly manage the responsible subjects. The construction unit shall strengthen the contract performance management of the survey, design, construction and supervision units, and urge all units to fully implement the institutions and personnel promised to set up and invest in the bidding documents. Establish and save relevant records of contractor management, including quality assurance system document inspection records of survey, design, construction, supervision, testing and other units, quality inspection records of engineering entities and related video materials, for quality supervision institutions to conduct spot checks.

2. Strict design quality management. The construction unit shall, in accordance with the provisions, send the construction drawing design documents to the construction drawing design document review institution for review, and bear the main responsibility for the quality of the construction drawing design documents (including design change documents). The construction unit shall not modify the construction drawing design documents that have been examined and approved without authorization. If it is really necessary to change, it shall be sent to the original examination institution for re-examination in accordance with the Decision of the Ministry of Housing and Urban-Rural Development on Amending the Administrative Measures for the Examination of Construction Drawings and Design Documents of Housing Construction and Municipal Infrastructure Projects (Decree No.46 of the Ministry of Housing and Urban-Rural Development). It is strictly forbidden to go through the formalities of change after construction, so as to avoid on-site supervision, review and acceptance; It is strictly forbidden to change the drawings without authorization in the name of "optimal design" in violation of the mandatory standards for engineering construction, which will reduce the safety and seismic performance of the structure and affect the safety and use function of the engineering structure. Shall not express or imply that the survey and design unit violates the mandatory standards of engineering construction and the contract, and reduces the quality of the project.

3. Strict engineering quality inspection. The construction unit shall strictly manage the quality inspection, entrust a third-party inspection agency with corresponding qualifications and no affiliation or other interest relationship with the project-related units for inspection, and shall not express or imply that the inspection agency issues false inspection reports. The construction unit shall pay the project quality inspection funds in full and on time according to the relevant regulations, and the inspection report issued by the inspection agency entrusted by the non-construction unit shall not be used as the basis for the project quality acceptance.

4. Strict management of project completion acceptance. After receiving the project completion report, the construction unit shall organize the relevant units to carry out the completion acceptance, and shall not be delivered for use without acceptance or unqualified acceptance. After the completion acceptance, the construction unit shall, in accordance with the provisions, set up a permanent completion sign in the obvious part of the building, establish a quality lifelong responsibility information file, and strengthen the traceability of the main responsibility of quality.

5. Strict engineering data management. The construction unit shall establish the filing system of engineering quality data according to the acceptance node, strengthen the management of engineering acceptance data, urge the responsible subject of engineering construction to compile and file according to the requirements of engineering data compilation, and accept the archived data of the responsible subject to make it complete and accurate. Special acceptance of project files shall be organized at the time of completion and acceptance, and the construction project files shall be handed over to the construction administrative department or other relevant departments in time after the completion and acceptance of the construction project.

Second, strengthen the quality management of residential projects.

(A) to strengthen the supervision of residential project delivery

1. House closure before full implementation. After the completion of the residential project, the construction unit shall, in accordance with the requirements of relevant regulations, form a two-dimensional code of "one household for one file" and establish an electronic file according to the contents of household acceptance, inspection parts and photos taken at various key links. For residential projects that fail to organize household acceptance or household acceptance, the completion acceptance shall not be organized. Before delivery, prepare the implementation plan of the owner's opening activities in accordance with relevant regulations, and organize the closing activities after the previous closing. After the opening activities, the construction unit will make rectification according to the owner's reasonable feedback, adjust the contents of the electronic file, and hand over the final "one household, one file" two-dimensional code electronic file to the owner when handing over the house.

2. Deepen the quality publicity of residential projects. The construction unit shall, in accordance with the relevant provisions, publicize or publicly explain the information about the performance of basic construction procedures (planning permit, construction permit, etc.). ), responsible main unit and person in charge, test results of key building materials involved in structural safety and important use functions used in the construction process, design service life of the project, warranty period of each division, and household acceptance results to the owner. It is advocated that the fully decorated commercial housing should be physically decorated in the project entity before the pre-sale, and the quality standards and main building materials of the model housing should meet the standards agreed in the commercial housing sales contract.

3. Advocate to issue quality certificates according to sets (households). After the residential project is completed and accepted, the construction unit shall issue the residential project quality certificate according to the set (household) and affix the official seal of the construction unit. The contents of the residential project quality certificate shall include the project name and residential address, the name of the construction unit and the name of the person in charge of the project, the completion acceptance time and acceptance conclusion, the name of the residential after-sales service department and the contact telephone number.

4. Strengthen the linkage management with house pre-sale. If the residential project construction unit is ordered by the competent department of housing and urban-rural construction to correct or punish due to quality and safety accidents, major quality hidden dangers and other illegal acts, the construction unit and its responsible construction participants will be listed as key regulatory targets, and regulatory measures will be taken in terms of pre-sale funds of commercial housing and online signing of contracts for the record. After the rectification of the construction unit meets the requirements, the corresponding measures can be lifted.

(2) Strengthen the implementation of quality warranty responsibility.

Real estate development enterprises shall specify other real estate development enterprises or legal persons with the ability to undertake quality responsibility in the pre-sale contract of commercial housing, and specify their legal responsibilities.

1. Define the warranty period. The construction unit is the first person responsible for the project quality warranty, and should establish a quality return visit, quality maintenance system and complaint dispute coordination mechanism. The construction unit shall, in accordance with the provisions of the state and the commercial housing sales (pre-sale) contract, perform the warranty obligations for the house owner, and the quality warranty period for the house owner shall be calculated from the date of delivery. The warranty period of qualified parts after maintenance can be re-agreed.

2. Implement insurance for potential defects in residential engineering quality. The construction unit shall, in accordance with the provisions, purchase insurance for potential defects in project quality, and inform the purchaser in writing that it has purchased insurance for potential defects in project quality at the time of house pre-sale. The construction unit shall cooperate with underwriting insurance companies and third-party risk management institutions to do a good job in quality risk control; After a quality complaint occurs within the underwriting scope, the construction unit shall urge the underwriting insurance company to fulfill its warranty obligations.

Three, comprehensively strengthen the supervision and management of the construction unit

(1) Strengthen supervision and inspection. Establish daily inspection and differential supervision system. When the supervision organization enters the site for inspection for the first time, it shall timely check the construction procedures, construction drawings, construction contracts (including the opinions of experts on the construction period), inspection plans, project management teams and other related contents; For construction units that fail to implement their quality responsibilities and have serious violations of laws and regulations, increase the frequency and intensity of inspection of their construction projects, and resolutely order them to stop work and rectify if serious quality problems are found. Supervise the construction unit to strictly rectify the quality problems found in the inspection. The rectification report shall be signed and confirmed by the project leader of the construction unit and stamped with the official seal of the unit, and submitted to the competent department of housing and urban construction where the project is located. The quality problems and rectification found in the project quality supervision involving the safety of the main structure and main functions shall be disclosed to the public in a timely manner.

(2) Strengthen credit management. In accordance with the relevant provisions, record the illegal acts of the construction unit and the project leader involving quality and safety during the project construction and during the warranty period, and apply them by deducting points and rating. The untrustworthy subject with accumulated deduction of more than 40 points in an assessment cycle is listed as the key supervision object in daily supervision, the frequency of supervision is increased, and on-site inspection is strengthened.

(3) Strengthen accountability. If the construction unit violates the laws and regulations on project quality, it shall be investigated and punished according to law, and the legal representative of the enterprise and the person in charge of the project shall be held accountable according to law; If the person in charge of the project leaves the original unit due to job transfer, or has retired, the corresponding responsibility shall still be investigated according to law. For government investment projects, in addition to the direct responsibility of the responsible units and personnel, the leadership responsibility of the project-related responsible personnel should also be investigated according to law. Major and above quality accidents or quality incidents affecting public safety and interests occur, and the municipal housing and urban-rural construction department will strictly investigate its main quality responsibility.

This notice shall come into force on September 1 day, 2022 and shall be valid until August 3 1 day, 2027.

Source: Qingdao Housing and Urban-Rural Development Bureau.