Who will take care of it?, Frequent peeling of the exterior wall of the community, Wang Wanjin | house | exterior wall
On August 16th, the exterior wall of a residential area in Shenyang fell off and damaged 7 cars. Why do similar events occur frequently? How to divide responsibilities? How should repairs be carried out? How to prevent minor problems from becoming major problems, how to ensure housing safety, explore the establishment of a "daily physical examination" system for housing, and how to promote related work? Common concern: Frequent external wall peeling, who will take care of it?
Dangerous house exterior wall falling off
On August 16th, the exterior wall of a residential area in Shenyang fell off and damaged 7 cars. It is worth noting that this is not the first time a similar incident has occurred in the community, and on a larger scale, there has been a gradual increase in the detachment of the exterior walls of houses in recent years. two
Who should be held responsible for the detachment of the exterior wall of the house?
Professor Wang Lei from the Law School of Renmin University of China: The detachment of building exterior walls seriously threatens the safety of urban residents above their heads, and different situations involve different main responsibilities. There are usually two situations:
① If the damage is caused by the exterior wall falling off due to improper indoor decoration construction by the building owner, the owner shall bear corresponding tort liability; ② If there are management defects on the exterior walls of buildings belonging to property management personnel such as property management companies, for example, if the property management company discovers that they are about to fall off but fails to repair them in a timely manner, resulting in the final fall off and causing harm, the property management company should bear corresponding tort liability.
Is the developer not responsible if the warranty period of the house has expired?
Professor Wang Lei from the Law School of Renmin University of China: The Civil Code has a clear provision that it is necessary to distinguish the different degrees and situations of quality defects in buildings. If the damage is caused by building collapse or collapse, the developer is not protected by the warranty period and must bear strict responsibility. If it is a liability for infringement caused by external wall detachment, there is a warranty period. After the warranty period expires, if the owner and manager bear the liability for infringement, they cannot pursue further compensation from the developer. Of course, outside of the developer, if the construction by a third-party construction unit affects the safety of the wall structure and causes the external wall to fall off, the owner and manager can also seek compensation from the construction personnel of the construction unit.
Where is the difficulty in blaming the exterior wall of the house for falling off?
Professor Wang Lei from the Law School of Renmin University of China: There are several main reasons for blaming.
① It is difficult to determine the cause of external wall falling, and often requires a professional technical appraisal department to conduct an appraisal and ultimately determine the cause; ② Regarding the detachment of external walls, it involves multiple different responsible parties such as property management companies and construction units, making it difficult to clarify the responsibility sharing mechanism. It is necessary to clarify the boundaries of their rights, obligations, and responsibilities The specific reasons for the detachment of external walls vary, whether it is caused by the decoration of homeowners and tenants, poor management of property management companies, or quality defects in construction by construction units and developers. There are different possibilities and corresponding responsibilities may also vary.
The exterior wall of the house has fallen off, making it difficult to repair. Where is the difficulty? How to crack it?
Professor Wang Lei from the Law School of Renmin University of China: The crux of the problem mainly lies in who is the property owner of the building's exterior walls, who is responsible for the maintenance, and who bears the maintenance costs when problems arise. There are corresponding provisions in the Civil Code that the exterior walls of buildings belong to the common ownership of all owners, and the corresponding maintenance, renewal, and renovation costs should be shared by all owners. These costs, combined with the relevant provisions of the property rights section of the Civil Code, can be specifically shared through building maintenance funds, and there is also a corresponding mechanism for specific sharing in legislation.
Why are the exterior walls of houses frequently falling off?
Professor level senior engineer Wang Wanjin from China Academy of Building Sciences Co., Ltd.: In recent years, the frequency of accidents involving the detachment of external wall insulation layers, tiles, stones, and other components of high-rise building envelope systems has been increasing. This is the result of the combined action of multiple factors, and the main factors still need to be accurately judged based on scientific testing and analysis results. Overall, there are three main reasons:
① As the service life of the house increases, it is caused by continuous aging. The external insulation and enclosure system of the building was originally designed for 25 years, protecting the main body of the building like a piece of clothing. Under various natural weather conditions, materials and systems undergo continuous aging, deterioration of physical and mechanical properties, and cracking, hollowing, and leakage gradually occur due to the cyclic effects of multiple factors such as cold, hot, dry, and wet over the years. When the bearing capacity is insufficient, especially in extreme weather conditions, detachment is prone to occur.
② Quality defects in materials and systems themselves. The external wall insulation system is also a gradual process of development and improvement. Since its gradual promotion in 2000, there have been a variety of material varieties and various systems. Among them, there are also immature materials or incomplete systems that have been applied to walls. After time inspection, it was found that external wall insulation is not suitable.
③ Construction defect issues. During the construction process, there was no strengthening of the on-site inspection of material quality, and some construction was not strictly carried out in accordance with relevant standards and specifications. The base layer was not well treated, and the bonding area of the insulation board was not sufficient, especially the quality of the outer protective layer was not good. The defects and defects generated in various stages of construction accumulate to form this original defect, and in this case, the phenomenon of external wall cracking and detachment is also prone to occur.
Reminder! What type of high-rise building requires special attention to the occurrence of external wall detachment?
Professor level senior engineer Wang Wanjin from China Academy of Building Sciences Co., Ltd.: Whether it is a new or existing building, the safety and health status of the exterior walls of the building can only be determined through scientific inspection and evaluation. From the perspective of daily prevention of external wall falling risks, I think the following aspects should be given more attention.
① From an intuitive perspective, if the wall surface has clearly cracked or there has been a large area of hollowing, the risk of such construction is relatively high. We need to avoid it The risk of falling off or causing accidents is relatively high in high-rise buildings with relatively old service life, especially those with ceramic tiles, which are used for exterior wall decoration with ceramic tiles or stone High rise buildings that use insulation materials with high density or easy absorption of water Buildings with complex shapes and protruding or multiple shapes.
How to prevent the exterior wall of a house from falling off?
On July 5th, the Ministry of Housing and Urban Rural Development issued a notice proposing that urban physical examinations should be taken as a prerequisite for urban renewal. From housing to residential areas, communities, blocks, and urban areas, difficulties, bottlenecks, and pain points that are strongly reflected by the public should be identified, and the problems discovered during urban physical examinations should be identified as the focus of urban renewal. And when a large number of houses have entered the entire life cycle of middle-aged and elderly people, what innovative measures are various regions exploring and promoting the "physical examination" of house safety?
What are the problems to be solved when researching and establishing a "housing pension system"?
Professor level senior engineer Wang Wanjin from China Academy of Building Sciences Co., Ltd.: Establishing a housing pension system is an effective institutional guarantee for the safe operation of current housing construction, and also forms a long-term mechanism for the renovation and construction of residential communities. In practical situations, it is necessary to provide timely medical examinations for building houses, but it is often difficult to achieve. Firstly, we need to address the issue of where the money comes from, in order to determine the source of the "medical examination fee" and maintenance engineering fee for the house. This requires the government and social institutions to jointly solve and propose feasible solutions.
At present, the specific form of the housing pension system is not yet clear. But in recent years, the proposals of National People's Congress deputies, CPPCC members, and scholars can be classified into two categories. One is for the government to set up public accounts, with funding sources including the surplus of residential property rental and operating income, a portion of land transfer fees, and the surplus of value-added income obtained from investment in maintenance funds. The second is to introduce financial institutions, such as insurance institutions, to share the expenses of medical examinations, repairs, and emergencies such as detachment, and achieve government bank cooperation.
How to do a good physical examination to ensure housing safety?
Professor level senior engineer Wang Wanjin from China Academy of Building Sciences Co., Ltd.: I think the exterior walls of houses are very important, including external insulation, tiles, and decorative layers. In addition, when it comes to building external components, such as air conditioning brackets, it is also an aspect that needs to be closely monitored. Of course, daily ground maintenance is also important. Special attention should be paid here to the safety of the exterior walls. Due to the high floor height, it is often difficult to fully grasp hidden areas such as cracks and hollowing, which means that they cannot go up or down. Due to the lack of non-destructive testing and inspection methods, the condition of the hidden parts inside cannot be fully understood, which means that they cannot be explained clearly. This requires more intelligent monitoring methods to address these issues.
To prevent the exterior walls of the house from falling off, more detailed management is needed
Professor level senior engineer Wang Wanjin from China Academy of Building Sciences Co., Ltd.: Focusing on housing safety issues, the Ministry of Housing and Urban Rural Development has issued and implemented the "General Specification for Maintenance and Renovation of Existing Buildings", which clearly stipulates that inspections should be conducted at least once a year. Various regions have also formulated and refined local standards based on this standard and combined with local conditions, and formulated specific measures for safety and health monitoring. I believe that in accordance with specific requirements and local conditions, various regions should comprehensively implement urban renewal and energy-saving building renovation in the process of building physical examination. According to economic conditions, necessary "physical examinations" should be carried out, with a focus on conducting "general inspections" first, and focusing on those with severe damage and aging.
