Legal Analysis Of Conditions For The Delivery Of Commercial Building

There is no clear regulation on the delivery conditions of commercial residential building in the law of China. According to the regulations in Contract Law of the People's Republic of China and Urban Property Administration Law of the People's Republic of China, real estate developing projects are not allowed to be delivered for use unless they have gone through the acceptance check. Thus commercial residential buildings should be delivered for use only after qualified for acceptance. However, there is no consensus of opinion on the question of what is a qualified acceptance, in both fields of law and real situation. There are mainly three opinions named final acceptance of construction, record and registration acceptance and integrated acceptance. For the sake of protection of the house purchasers'right to know, and from the requirements of record and registration, the standard for qualified acceptance should be record and registration acceptance. The nature of the regulations on the delivery conditions of commercial residential building, mandatory provision or arbitrary provision, determines whether the terms on delivery conditions stated by house purchasers and real estate developers are in effect or not. By unscrambling of related provisions and analyzing the legislative purpose of legal norm on real estate industry, the regulations on the delivery conditions of commercial residential building are identified as mandatory provisions. To fully protect the autonomy of will of the contract parties, the law should protect the terms out of lawful conditions agreed by the contract parties. Such a protection will regulate the house delivery behaviors of the real estate developers, and will adapt the law to the various delivery circumstances. With the content and legal nature of the delivery condition of commercial residential building confirmed, the real estate developer who delivers houses for use with the delivery conditions unmatched, is conclude to afford the responsibility of breaking the contract by late delivering. If a late delivery is due to the mistake of administration sections in handling the registration form of final acceptance of construction of commercial residential building, the developer can't be committed with impunity as such a mistake is not a kind of force majeure. Completing and implementing the regulations on delivery conditions of commercial residential building need efforts in legislation, administration and judicature, for the purpose of making conditions of commercial residential building delivery clear and reducing the amount of legal disputes over the delivery of commercial residential buildings.