In November last year, in an apartment in Beijing, more than 200 owners had disputes with property companies and caused traffic jams.
It is understood that the most annoyance to the owner of an apartment is that, in the detailed materials of the pool area that was displayed by the Housing Exploration and Survey Bureau, it was originally not included in the second or third floor of the pool floor area, and the property management room was counted as In the pool area.
According to preliminary calculations by the owners, this resulted in an average of more than 1,000 square meters of pool space per building, and a total of four buildings totaling nearly 4,000 square meters.
According to Ms. Luo, an owner of an apartment, she said that an apartment would allow each owner to share more than 5-6 square meters of space. In that way, we have to pay nearly 120 yuan in property fees per household each year. The total number of apartments in an apartment is seven or eight thousand, and how much money they receive!
Status Quo: "Dispute House" Dispute
In the past two years, as the real estate market has gradually matured, people's disputes over the size of houses have become the focus of commercial housing complaints. Among them, complaints about “shrinking houses†have reached 50% of housing complaints in some places, and are higher than those in “filling housesâ€. Out of 34%. Beijing handled 256 housing disputes last year, an increase of 20.5%, and the lawsuits filed against developers in the form of groups often occurred. Since last year, the owner of an apartment house in the west of Beijing has been questioning the pool area of ​​the clubhouse and the problem of the owner of a residential project in Nancheng City as a bicycle pool. They have given a wake-up call to the buyers and sellers in the real estate market and started more people. Pay attention to the public housing problem of commercial housing.
In mid-February, the reason for the “collective†sale of property by the owners of a certain residential area in Chaoyang District was that the developer declined to provide detailed information on the pool of public space, especially whether the bicycle pool was a public pool, and responded that the owner did not have the right to understand These contents. The owner’s representative said that more than 600 households in the community were allocated approximately 6 or 7 square meters per household. Since this was the case, we requested a check-out, but the developer refused, so we had to sell our own house.
From the end of August this year to now nearly 100 days, more than 600 owners and developers of a real estate project have conducted three difficult negotiations before and after the two big house show events. Among them, the difference between the sales area and the measured area is an important reason.
In October of this year, due to the fact that within the stipulated time, the developer could not obtain the stipulated real estate measured by the developer, Ms. Zhao and 14 other real estate owners sued the developer, a real estate development company in Beijing, to court. The company pays liquidated damages and provides a formal report on the measured area data of houses issued by a qualified surveying and mapping department.
Analysis: pattern of "area shrinkage"
According to a person in the real estate industry, some developers are always working on the area of ​​the house. For example, when building a house, the building area is used to confuse the area inside the house. It does not indicate the area inside the house and the size of the pool. , Make buyers feel that the housing area is large. When he took the house, he found it was not as large as he had imagined. It was originally that the area inside the suite was small, and the area of ​​the pool was large.
“The sales area is inconsistent with the measured area, which is a prominent problem in commercial housing complaints.†The relevant person in charge of the Xuanwu District Consumers Association stated that “mainly reflected in the owner’s collection of the housing, the area within the set became smaller and the area of ​​the pool was found. On the other hand, there are also some owners who report more often than not that developers use the part of the public housing they purchased as a commercial house to sell to people for commercial services."
According to industry sources, a small number of developers are now working on the area of ​​the house. Citizens should pay more attention when buying a house. Increase the common area of ​​each dwelling which should be apportioned, and the portion that should not be included in each saleable area shall be included in the sales area; in terms of building area, a higher use factor should be promised but the use factor should not be written into the contract. At the time of delivery, the use factor is greatly reduced; when the area is used for pricing, the difference between the building area and the use area is obscured, and the concept of using the area is enlarged; the use of homebuyers cannot accurately measure and cannot ascertain the weaknesses of the entire building area, and is deliberately small Exaggerate the use of area and building area, after the relevant departments on-site measurement, because the difference is smaller, no longer re-settlement of the difference; in addition there is a relatively small tentative area, a relatively small total price to induce home buyers, requiring buyers to prepay the room In addition, it is stipulated that after the completion of the project, the area of ​​pre-sale will increase by 10% or more. However, the homebuyers will have no reason to check out, but will only have to pay more for the price of the house, so as to achieve the goal of increasing the sales volume of the developer.
Policy Explanation 1: What is the sales area?
The "Administrative Measures on the Sale of Commercial Housing" that the Ministry of Construction began on June 1 this year clearly stipulates that, if the price is calculated based on the building area or construction area within the suite, the parties concerned shall specify the contracted area and the registration of property rights in the contract.
The Beijing Municipal Bureau of Housing and Lands recently issued the “Provisional Regulations on the Calculation of Sales Area and Common Area Allocation of Commercial Housing in Beijingâ€, which also stipulates that commercial housing is sold as “sets†or “units.†The sales area of ​​commercial housing is within or within the unit. Area (hereinafter referred to as the building area within the suite), and the sum of the common areas that should be shared. That is: the sales area of ​​commercial housing = the building area within the building + the shared public building area of ​​the apportionment; the building area within the building = the area within the suite + the area of ​​the inner wall of the cover + the area of ​​the balcony.
Policy Explanation II: What is the pool area?
Shen Xiaojing, lawyer of Beijing Huacheng Law Firm, explained: In order to protect the legitimate rights and interests of home buyers, Beijing Municipal Housing and Land Administration recently established the “Interim Provisions for the Calculation of Sales Area and Common Area Allocation of Commercial Housing in Beijingâ€, and the common building area for commercial housing. The apportionment principle and calculations have made detailed provisions:
1. The apportionment of commercial building's public building area is based on buildings. The apportioned public building area is the area of ​​the public building within the block, and the public building area not connected to the block is not divided into the house.
2. The common building area for the whole commercial building service is shared by each commercial house of the building, and the public building area serviced by the local area will be allocated to the public building area by sharing the benefits of each set of commercial housing for several times, and the apportionment coefficient will be calculated separately. Each set of commercial housing should share the common building area, which is the sum of the various shared public building areas.
3. After apportioning the public building area, it does not divide the specific site of the construction area of ​​each set of commercial houses, but any person may not invade or change the function of the original design. The apportionable common parts are the building's lobby, public entrance hall, corridors, aisles, public toilets, electricity (building) ladder vestibule, stairwells, elevator shafts, elevator machine rooms, garbage roads, pipeline wells, fire control rooms, and water pumps. Room, water tank room, freezer room, fire exit, change (distribution) room, gas pressure room, satellite TV receiver room, air conditioning room, hot water boiler room, elevator work room, duty guard room, property management room, etc. And other functional equipment rooms dedicated to the building; sets of partition walls and external walls (including gables) between the horizontal projected area of ​​the wall area of ​​half the area. Public building spaces that should not be counted include: warehouses, motorized garages, non-motorized garages, driveways, heating boiler rooms, basements for air defense projects, and separate use of space for individual use functions; homes sold by self-operated, self-use units; Security room, management (including property management) rooms for multiple houses.
Policy Explanation 3: How to find areas shrink?
The “Management Measures for Sale of Commercial Housing†that began on June 1 stipulated that when home buyers find that the actual area is in error with the contract area and the contract is not agreed, they can be dealt with according to the following principles: 1. The area error ratio is absolute at 3 % includes 3%, according to the actual settlement of the house price; Second, when the area error exceeds the absolute value by more than 3%, the house buyer has the right to check out.
If a person who buys a house checks out, the real estate development company shall refund the house price paid by the purchaser to the buyer within 30 days from the day the house buyer makes the check-out, and pay the interest paid for the house price. If the purchaser does not check out and the property registration area is larger than the contracted area, the area error ratio is less than 3% and the 3% portion of the housing price is covered by the buyer; over 3% of the housing price is borne by the real estate development company. Return home buyers. When the registered area of ​​property rights is less than the contracted area, the area error ratio is within 3% of the absolute value and the real estate development company will return the purchase price to the house-buyer. The real-estate development company will return the house price by more than 3%. people.
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