Reporter investigation of 139 square meters of new house public share area of 40 square meters unexpectedly?
Xiangtan Daily all media reporter Chen Ying buying a house is a life event, but to complete this event, but always around the shared area.Because of the existence of shared area, the building area that you buy may be greatly “shrink”.Recently, the Huang That lives in international square of gold furong of north road of lake of yue Pond area gave birth to one belly for this.He chose to buy a four-bedroom 139 square meters, but shared area accounted for 40 square meters.”The usable area is only 99 square meters, so the shared area is too big.”In the face of “shrinkage” of the building, “expansion” of the common area, Mr Huang thinks that it is necessary to develop business to owner publicity of the common area details and specific scope.Buyers are equally Shared area “opaque” Mr Huang in xiangtan work for 4 years, for the convenience of work, in September 2021, he settled on the golden lotus international square stage 2 a set of 139 square meters of existing homes, the house door model, layout and so on are satisfied, then sign the contract that buy a house with the golden lotus real estate co., LTD., with more than 70 price clinch a deal.”That works out to about 5,500 yuan per square meter, the price is right and the location is good.”Can make Mr Huang unexpectedly is, he unexpectedly spent “money in vain” because of this.In January 2022, After obtaining the property ownership certificate, Huang found that the exclusive floor area of the house was only 99 square meters, but the shared floor area accounted for 40 square meters, with the shared share rate as high as 28%.”The shared area cost more than 200,000 yuan, and we will have to pay a lot of property fees later.”Mr. Huang and surrounding other real estate did contrast, think the common share area of their houses is too big, very unreasonable.He does not understand this very much, that developers have not publicly shared the details of the area, can not clearly understand these areas “share” where.To this end, he went to the golden Lotus Property Co., Ltd. sales center for explanation, the other party has not given a clear statement.Developers have been public to the public share details of the buyers to accompany Mr Huang to gold Furong Real Estate Co., Ltd. sales center to reflect the situation.Staff said, in the sales link, property consultants to the buyers of the floor area comparison table, forecast drawing report and measured report, mapping report of the housing set of area and common area is clear, they also made a description of common area.In addition, the purchase contract “annex” also made clear the calculation of common area.”If Mr. Huang needs it, he can check it.””The staff member said.In the “Xiangtan City real estate forecast drawing report” presented by the staff, we see that Mr. Huang bought a house belonging to the Golden Furong International Square project Building 7, according to the construction drawing prediction calculation, the total number of floors of the house is 32, the total residential construction area of 24,055 square meters.Among them Mr Huang buys building building area is 139 square metre, exclusive building area is 99 square metre, apportionment building area is 40 square metre.”Different buildings may have different sharing rates due to different storey levels.”This staff member said, Mr. Huang bought the building floor number of 32 floors, may be due to the building height, wall thickness, elevator well, pipe well, corridor, there is a high share rate of the situation.Survey design institute floor door model is different, apportion is different according to the state quality technology supervision bureau releases “house property measurement standard” regulation: the building has a building area to point to each property right advocate holds jointly or the building area that uses jointly.The total floor area is composed of the following two parts: 1. The floor area of elevator well, pipe well, stairwell, garbage chway, substation room, equipment room, public hallway, corridor, basement, guard room on duty, etc., as well as the floor area of public room and management room for the whole building is calculated by horizontal projection area; 2.2. The dividing wall between the building and the public building, and half of the horizontal projection area of the external wall (including the gable).So how do we calculate the shared area?Does share rate have specific provision?Xiangtan city survey and Design institute related person in charge of the introduction, at present, there is no specific provisions for the share coefficient in China, for the size of the shared area there is no upper limit and lower limit.”Each house has a different design and the rate of contribution is different.”This person in charge says, Mr Huang buys a house to design for two ladder two households, stair, walkway capacious, share rate can be on the high side some;Be like a ladder two, 3, perhaps before multilayer old house, stair does not have elevator only, share rate is a few lower.Lawyer purchase contract should be clear apportioned shared floor area of Hunan (Xiangtan) people and people law firm lawyer Chen Caihong said that there is no legal provisions on the public share of the area, but “commercial housing sales management measures” article 21 clear provisions:For commodity houses priced according to floor area, the shared common floor area shall be clearly defined in the contract, and it shall be stipulated that the floor area is unchanged but there is error in the floor area within the set, and the handling method when both the floor area and the floor area within the set occur error.Article 14 of the Interpretation of the Supreme People’s Court on several Issues concerning the Application of the Law to the Trial of dispute cases concerning the sale of commercial housing Contract further stipulates that the floor area of the housing delivered for use or the floor area is inconsistent with the area agreed in the sale of commercial housing contract. If the contract has provisions, it shall be handled according to the agreement;(1) if the absolute value of the area error ratio is less than 3% (inclusive), settlement shall be made according to the price agreed in the contract according to facts, and the buyer’s request for termination of the contract shall not be supported;(2) Where the absolute area error ratio exceeds 3% and the buyer requests rescinding the contract and returning the paid house price and interest, it shall be supported.Chen Caihong reminded the buyers, the legal risks in the sale of housing, the buyer in the signing of the pre-sale contract, should be a comprehensive review of the contract, if necessary, consult professional lawyers.>>Return to Xiangtan online home page