Abstract
Ⅰ. Research Background
This study explores issues concerning defects and residential defects in the Building Act and Civil Code, especially concerning the form, determination, and improvements.
Ⅱ. Research Methodology and process
This research will clarify and explore improvements and recommendations concerning the regulations and systems addressing the issue of residential defects.
(1) Data Collection – Gather domestic data on construction and law, and the construction
management experience in Japan in recent years;
(2) Case study – Discuss the point of argument or reasons behind related civil lawsuits;
(3) Comprehensive review - Summarize the issues faced in domestic residential defects and improvements.
Ⅲ. Major findings (described briefly as follows)
(Ⅰ) Concept Clarification: Understand, fully comprehend and grasp the issue of Residential Defects. (refer to p7-16 for details)
1. Basic understanding of the issue of defect
(1) Understanding the concept of defects:
Defect means imperfections within a product or mistakes made by the manufacturer. The pursuit of high quality in residential developments means ensuring zero defects or reducing the rate of defects in residential products;
(2) The reasons behind residential defects:
The occurrence of residential defects could be contributed to the intentional or unintentional mistakes of the plaintiff as defined by law. Such defects may not be detected until the residential product is used for a period of time.
2. Full comprehension of the content of residential defects
Discuss and explore the contents within the Building Act, Civil Code, Criminal Code, Consumer Protection Law, and Fair Trade Act which are related to residential defects. The key points for summarization are that the relationship between the rights and responsibilities of defects is stipulated in the Civil Code; while the repair procedure concerning defect improvements is according to the regulations within the Building Act. The application of said regulations is according to the degree of influence.
3. A full grasp of the issue of residential defects
(1) Residential defects should be more clearly defined in the profession of construction and architecture;
(2) A standard for judgment should be established for Residential defects in the profession of construction and architecture.
(Ⅱ) Key Summarization: The exploration and key summarization of the regulations addressing residential defect improvements and procedures. (refer to p17-28 for details)
1. The thinking behind the improvement of residential defects and guarantee of residential quality in construction management: (1) the perspective of residential defect improvements, and (2) the perspective of the guarantee of residential quality;
2. Key points from the Civil Code concerning liabilities of residential defects:
(1) The content and components of the liability of defects; (2) the effects of guarantees over the defects; (3) liability exemption of the seller; (4) the statute of limitations; (5) the 5 perspectives on the competing and compliant clauses for incomplete performance and defect liability;
3. The understanding of the domestic Evaluation System for Residential Functionality that’s in the planning stage: Summarize the key points of the background, introduction, structure and content of the domestic Evaluation System for Residential Functionality;
4. The understanding of the Japanese Evaluation System for Residential Functionality: Discuss the key points of the background, introduction, structure and content of the Japanese Evaluation System for Residential Functionality.
(Ⅲ) Case Studies: Exploration on the case laws of residential defect improvements (refer to p29-40 for details)
1. Explanations of the type of legal cases over residential defects;
2. Exploration of domestic legal cases over the improvements of residential defects;
(1) Explorations of the legal cases on the radiation houses; (No. 442, 2009)
(2) Explorations of the legal cases on the sea sand houses; (No. 1425, 2010)
(3) Explorations of the legal cases on the design defects by architects. (No. 4883, 2010)
3. Exploration of Japanese legal cases on the improvements of residential defects.
(1) Case study on view defects; (The Japanese High Court ruling)
(2) Case study on natural lighting defects. (The Japanese Supreme Court ruling)
Ⅳ. Main Recommendations
The followings are the three conclusions and two specific recommendations for the administrative agencies:
(Ⅰ) Conclusion: (refer to p41 for details)
1. A clear diagnostic procedure should be defined for residential defects;
2. The issue of major defects is yet to be determined by collaborative research from Architecture and Legal fields;
3. Mediation mechanism concerning disputes over defects should be established soon.
(Ⅱ) Recommendations for the Administrative Agencies (refer to p42 for details):
Recommendation 1:
1. Immediately Feasible Recommendation: The competent agencies should organize and summarize the civil cases according to the different types of residential defects.
Lead Agency: Department of Land Administration, Ministry of Interior
Support Agency: Architecture and Building Research Institute Ministry of Interior, and Construction and Planning Agency Ministry of Interior
Explanation: Due to the widespread and profound influence of the issue of residential defects, the competent agencies shall categorize, summarize, edit and even publish the civil cases concerning different types of residential defects in order to protect the consumers and raise awareness of their own rights.
Recommendation 2:
2. Medium to Long Term Recommendation: The competent agencies shall carefully establish the standards of determination for domestic residential functionality.
Lead Agency: Department of Land Administration, Ministry of Interior
Support Agency: Architecture and Building Research Institute Ministry of Interior, and Construction and Planning Agency Ministry of Interior
Explanation: In light of the inclusion of a chapter on residential quality in the Draft Residential Act, all central competent agencies shall establish an evaluation system on residential functionality, and clearly label the level of functionality for residential developments. The evaluation system should take the domestic circumstances into consideration to improve the residential quality in our country.