110 square meters of houses are only 61 square meters!The dispute between the investigation of the ballast area is canceled

The 110 -square -meter house was found to be only 60 square meters in the hand. When buying a house, the 31%of the public commitment area of ​​the sales staff became 46%when receiving the house ...

Qingdao citizen Li Li (pseudonym) should have been happy to collect the house last year, but was trapped by the problems brought by the public area. For more than a year to defend her rights, she has never figured out: "Why do you go out of my house?"

Li Li's confusion exists in many home buyers.

A reporter from the "rule of law" recently discovered that the public had to criticize the cost of the public area when buying a house. It was believed that the existence of the bass area for the buyers should pay the discomfort for buyers who do not belong to their own public space. At the same time, it is difficult for ordinary buyers to accurately calculate the area and the size of the inner area. They can only passively understand the information from developers and other places, so that many people worry that there is a "consumer dark area". For example Within the area, it means that subsequent costs, heating costs and other costs also include the expenses of the pool.

In this context, in recent years, a voice has been very loud -cancel the public storage area system. So, what is the basis for the existence of the ballast area? Can it be canceled under the current situation? Is there a solution that can be replaced or further? Focusing on these issues, the reporter launched an investigation and interview.

Half of the outer wall is included in the set

Buyers are dizzy

In April 2018, Li Li purchased a house with a total area of ​​110.25 square meters in a community in Qingdao. When buying a house, Li Li, the practitioners of the construction industry, paid special attention to the bass area and repeatedly consulted the sales staff about some issues about the bars area.

According to Li Li, the sales staff told her at the time that because the community building was a super high -rise building, it reached 55 floors. Considering the refuge layer and elevator altitude, the proportion of the public storage area would reach 31%, but the actual house may be closed. Smaller than this value.

Li Li presented to the reporter's purchase contract content shows that: three houses with a total value of more than 1.2 million yuan with a total value of more than 1.2 million yuan, the construction area in the set is 75.24 square meters, the public sharing construction area is 35.01 square meters. 31.8%.

However, in September 2021, Li Li, who was ready to collect the room, was dumbfounded: pushing the door open, the ultra -thick wall, the space forced space, and three small bedrooms. After looking for a home inspector, she found that there was only about 61 square meters in the actual set, and there were no more than 9 square meters in the three bedrooms. The master bedroom could not even put down the double bed.

Li Li subsequently asked the house sales party and learned that from the cover area displayed in the contract 75 square meters to the 61 square meters she actually measured, the difference was mainly reflected in the thickness of the wall. The half thickness of the outer wall was included in the sleeve. Internal construction area. "The outer wall of nearly 1 meter has half an area of ​​the operator's internal construction area. However, the developer did not explain it during sales, and intentionally confused the 'public storage coefficient' '' '' ' The concepts of the construction area of ​​the cover, the stacked of various professional terms were stacked, and they were directly dizzy. I did not expect that the actual area of ​​the set was so small. "

Until the protection of rights in accordance with the law, Li Li got the "official" caliber -the proportion of the community area of ​​community houses was 46%. "This means that we spent hundreds of millions of yuan to buy a house. In fact, almost half of them were not living by ourselves. If you know this situation at the beginning, I will not buy anyway." Li Li said.

Ms. Yao, Ms. Yao in the same district, bought a 160 -square -meter house upstairs in a duplex. As a result, the area in the hand was only about 90 square meters.

"Can we only recognize planting?" Li Li said that the money spent for the public area is not just when buying a house, but the later property and heating costs must continue to pay. Very dissatisfied.

The row area has a long history

One of the concerns of buying a house

The bass area system has been in my country for a long time.

As early as December 1, 1995, the "Calculation of Commercial Housing Sales Area Calculation and the Rules of Public Building Area" (trial) stipulates that in the commercial housing purchase and sales contract signed by commercial housing trading The area, and indicate the construction area (real building area) of the commercial house and the public building area that should be shared reasonably. The "Administrative Measures for the Sales of Commercial Houses" implemented on June 1, 2001 clearly stipulates that the construction area of ​​the commercial house consists of the construction area and the shared construction area of ​​the units.

So, what exactly is a bass area? Why does it exist?

According to He Hongyi, director of the Real Estate Professional Committee of the Henan Provincial Lawyers Association and the director of Beijing Guantao Zhongmao (Zhengzhou) Law Firm, the public area system originated from Hong Kong, China. In order to expand the market and reduce the threshold for house purchase, Hong Kong real estate developers will distribute the land of the entire building and all the property rights to all residents in accordance with the "public contract" model. area. The area of ​​the elevator shaft, lobby, stairwell, and shared walls covers the area. The remaining is the use area in the home buyer's suit.

"According to relevant regulations, the public building area is composed of the following two parts: First, elevator shafts, stairwells, garbage aisters, substations, equipment rooms, public entrance halls and aisles, basement, duty guard rooms, and other functions are the entire building for the entire building. The construction area of ​​the public house and management room for the service; the second is the partition wall between the set (unit) and the public building space, and half of the surrounding area of ​​the outer wall (including the gable) wall. Instead, the public areas of the entire building, such as stairs, halls, elevator wells, etc., these areas are added to each buyer, which is the public area. "Said Meng Lina, a senior partner of Beijing Kangda Law Firm. The reporter recently interviewed a number of house intermediaries and buyers found that the area of ​​the pool has become an important influencing factor for house buying and selling.

This year, I am going to buy a house in Beijing this year. I have watched more than 80 suits within a month. From the beginning of the area of ​​the public storage area, it has been used as an important reference indicator.

"The area and the internal area of ​​the publicity are not just a simple number." Tension combined with your own viewing experience summary, 2000 is a dividing point. Old houses before 2000, especially public housing. Basically, it can be maintained at 15%to 20%, while the commodity housing after 2000 reached 25%or even 30%.

He once watched a house built in 1993, with a construction area of ​​55 square meters and an area of ​​46 square meters in the set; while another 2004 house, the building area was 63 square meters, but the inner area was only 45 square meters.

"It may be difficult for me to accept the house of nearly one -third or more money to buy so much money. I can hardly accept it." Zhang Li said.

Ms. Dai from Haidian District, Beijing proposed that unless there is no choice at all, the public roll area accounts for more than 20%of houses, and she will never consider The unsightly public bars are separated. "

Wang Chuyuan, who was engaged in house intermediary in Taiyuan City, Shanxi Province, also found that more and more people began to care about the value and ratio of the public stall area. "Many home buyers have strict requirements on the bars area, and they must be lower than a certain range, otherwise no matter how good the house is, they will not accept it. In the actual collection of the house, I found that the area was not enough to think that we deceived consumers. "

Lou Jianbo, director of the Real Estate Research Center of Peking University, told reporters that the bass area itself exists objectively and has no unreasonable charges. From the perspective of home buyers, it may be unwilling to share some (ownership) to continue. Stay in the developer's hands. However, the total price area of ​​the bass area will indeed be confused to buyers.

"In order to avoid this kind of confusion, there are two ways, one is to depend on the set, which is the cost of the bass area in the total price; We will notify such costs separately, but the last total price should not be different, because the bars are objectively existing. The distinction between the two is only in which one can inform consumers more efficiently to inform consumers. "Lou Jianbo said that if these two prices are different, developers are suspected of fraud.

It's about the rights of the owner of the community

It is easy to cause controversy in practice

From the perspective of Wang Chuyuan, customers buy a house, and naturally hope that the house they buy is bigger, and the publicity is small. Moreover, developers with smaller commercial housing stations will also use this as a marketing gimmick to attract more home buyers to buy. "Everyone is more willing to buy small houses. This is from the perspective of the customer's money to buy a house, and for developers, how to reduce the ballast area? For example There is no spacious foyer, a number of households, etc., but this will inevitably reduce the living comfort of the owner. "

According to Meng Lina, there is no proportional restriction on the size of the public storage area. The size of the housing row area is generally related to whether the planning and design of the house building is reasonable and the supporting facilities of the house.

"Generally, the roll area of ​​multi -layer residential houses is about 10%to 13%; the plate strokes below 18 floors are about 13%to 15%. The above houses are usually around 25%because of the increase in elevators. "Meng Lina said.

In Meng Lina's view, in the case of determining the construction area, the small bass area means that buyers buying houses are more economical and practical. However, the smaller the area is, the better, because the area of ​​the pool is too small, and the overall comfort of the community will be reduced. Many low public stations are at the expense of the quality of the community. Most of the large communities in the public areas are high -quality real estate. The larger the area of ​​the public storage area, the more likely the elevator is more spacious and the public areas are wider. The entire community is also high.

In addition to the possibility of affecting comfort and increasing expenditure when buying a house, the existence of the same time is also closely related to the interests of the owner.

Wang Chuyuan said that taking Taiyuan as an example, the transaction price on the contract is calculated in the total area of ​​the publicity when the house is transaction, and the total area of ​​the house will directly affect the calculation of property and heating costs. The owner's ballast area costs when buying a house, including the thickness of the entrance hall, aisle, elevator, and half of the outer wall. However, in reality, it is difficult for the owner to claim rights to these places because they bear the cost of the public bars. In Meng Lina's view, the area has always been included in the property, heating, and hardcover costs, which has brought additional burden to the buyers to a certain extent. For example, whether the area of ​​the pool is equipped with heating, the real estate development company has the final say, and the buyer cannot know, causing inconsistent information.

"The" Administrative Measures for the Sales of Commercial Housing "clearly stipulates that the construction area in the set is independent property rights, and the shared construction area part is common property rights, and the buyer has the right to enjoy it and bear responsibility. The buyers are shared. In practice, if there is a problem of unclear ownership, the relevant co -owners or entrusting the owner committee can advocate the common rights in a timely manner in accordance with the planning drawings and sharing parts. "Meng Lina said.

In the opinion of He Hongyi, the existence of the public area in reality leads to the difficulty of defending rights, mainly involving the issue of how the owner realizes co -ownership of rights. According to the Civil Code, the owner shall jointly determine the matters of the owner with more than two -thirds of the owners with a proportion of the proportion of the proportion of the proportion of the proportion of the proportion of the proportion of the proportion of the proportion of the proportion of the proportion of the proportion of the proportion of the proportion of the proportion of the proportion of the proportion. The matters stipulated in the sixth to the 8th of the preceding paragraph shall be agreed by the owners with more than three -quarters of the owners of the exclusive part of the exclusive area and more than three -quarters of the voting. If you determine other matters in the preceding paragraph, the owners who participate in more than half of the owners who participate in the exclusive part of the exclusive area shall be involved in the consent of half of the owners and participating in more than half of the voting. It is the main reason for the difficulty of protecting rights to protect rights.

She also mentioned that there are still some profit in the publicity in practice, such as the issue of profit income brought about by advertising and parking spaces on the public area, how to distribute. According to the relevant provisions of the Civil Code, the income generated by the owner's total part of the income is shared by the owner after deducting reasonable costs. But in reality, the implementation is not ideal.

Bao Hua, an executive director of the Beijing Real Estate Law Society and a partner of Hairun Tianrui Law Firm, proposed that if the real estate tax will be levied in the future, the public area system may face greater doubts.

It is still difficult to cancel the spread

Unexpectedly need to improve relevant regulations

Under the controversy, the voice of "canceling the bars" is getting louder. During the "Two Sessions" of the country this year, Hong Yang, a member of the National Committee of the Chinese People's Political Consultative Conference, proposed to "cancel the publicity" and believe that the area of ​​the public storage area lacks legal basis and institutional constraints. Among them, let the people understand the payment and rest assured to buy the house.

As a deep -harmed home buyer, Li Li bluntly said that the rumor area system is unfair to buyers, which is an opaque consumption. Once consumers have a dispute over the publicity, it is difficult to determine the accurate storage of the publicity when the house is delivered, mainly because the "public part area" is difficult to calculate. She supports the cancellation system. "Even if the unit price of the house has risen, I hope to consume it clearly. After buying a square meter, I can have a square meter living space."

So, is it currently feasible to cancel the public storage area system?

In Meng Lina's view, the dismissal of the public area system is not feasible at this stage. According to the "Administrative Measures for the Sales of Commercial Housing", the sales of commercial housing can be priced in the set (unit), or the construction area or building area in the set can be priced. If the set (unit) is priced or the building area is valued at the set, the commercial housing sales contract shall indicate the co -construction area of ​​the building area and allocation. Therefore, regardless of the way commercial housing is sold, the shared construction area should be reflected in the same way. Even if it is sold, there is still a pool area. The area of ​​the pool is objectively existing, and some or all buyers must be allocated.

"It will always cancel the bass area. After check -in, the management, maintenance, and subsequent safety responsibilities of the publicity parts are all real issues. If the individual buyers are managed, it will affect the overall quality of the community and the rights of all owners." Say.

Zhao Xiuchi, a professor at the University of Economics and Trade and vice chairman and secretary -general of the Beijing Real Estate Law Society, also believes that the current dismissal area is not feasible. After the housing reform, my country's housing area measurement, real estate certificate, and the issuance of non -industrial certificates are based on the construction area. House prices, property fees, heating expenses, etc. are also measured in the construction area. If the bald area is canceled and the use area is measured, it will bring confusion to the valuation standard. House prices, property, and heating costs per square meter will rise, but it will cause another misunderstanding and think that the price increases.

From the perspective of Baohua, it is not difficult to cancel the publicity, but it is necessary to consider carefully what to replace the public. At present, there is no data for the area of ​​houses in the surveying and mapping report. If you want to use the area as the basis for the use area as the basis for pricing, billing, and taxation, the data is required to replenish existing houses. "Regardless of whether there are enough people to complete this work, how to determine the area of ​​houses that has been renovated and transformed alone is a very complicated and difficult thing."

The reporter noticed that the Standing Committee of the Chongqing Municipal People's Congress has made clear stipulation and requirements for the pricing method of commercial housing in the form of local regulations: the current and pre -sale of commercial housing is based on the construction area of ​​the inner set, the commercial housing trading contract and the commercial housing The property rights certificate shall be stated that the shared parts and facilities shall be stated. Developers who are not based on sales will be severely punished by the administrative department based on sales. "Chongqing's advanced approach means that the cancellation of the ballast area system is actually feasible. Based on the comprehensive consideration of comfort and the internal area of ​​the suit, developers can share the cost into the inner area of ​​the set and should not be calculated in the later period." He Hongyi said.

Many interviewed experts believe that it is difficult to achieve unity on whether it should be canceled in the public bars area system, but it can currently improve the public roll area system from the policy level.

In response to the current problems of the public storage area system, Meng Lina recommends improving the relevant surveying and mapping specifications, introducing guidance on the proportion of publicity, and requiring surveying and mapping units to improve the quality of surveying and mapping results, and unblock the error mechanism. When selling the house, the real estate development enterprise is required to publicize the results of mapping and mapping in the sales office, and explicitly explicitly explicitly explicitly sharing the principles and sorting parts to the buyers. Essence At the same time, the relevant agreement is further improved in the commercial housing sales contract, and the method of dealing with errors in the sharing area and the registration area of ​​the property rights is clearly agreed to protect the legitimate rights and interests of the buyer.

"The reason why the public cares about this is not only because the area represents the convenience of life, but also the share and amount of property rights." Baohua suggested that the house sale is denominated at the use area, or the total price is traded without trading at the unit price. It can alleviate controversy caused by the public area system to a certain extent.

Source: Legal Daily

Edit: Weekend

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