Nearly half of a house is a public row ... What is the problem of "high public stars"?
Author:Global Times Time:2022.08.24
When buying a house, many people will ask how much the house is in the house. After all, pay so much money, many people still have to loan, and each square meter cares. In Qingdao, Shandong, when a house buyer accepted the house, he found that the house he bought was more than 46%, and the houses of nearly half of the area were spread out by the public. What the hell is going on, let's see the reporter's investigation together ↓
Nearly half of the house buyer's house was found to be a public area
The sixth phase of the real estate project of the West Coast New District of Qingdao is the three 55 -story super -high -rise buildings, which are Buildings 56, 61, and Buildings 62. Last year, the house was delivered. At that time, the owners who came to collect the house were found, but found that their houses became smaller.
The owner of the house: The area of my real estate certificate is 128.35 square meters, and the internal area is less than 70 square meters. This is the largest bedroom, the master bedroom, 11 square meters, but after the bed, the bedside table and wardrobe cannot be released. There are only 8 square meters in the second bedroom.
Buying owner: This is a 110 -square -meter house. The actual area of use should be 59.25 square meters. The use area of the second bedroom is more than 6 square meters.
The owners report that according to the explanation of the sales staff at the beginning of the house purchase, the community is a super high -rise building. Considering the refuge and elevator height, the public border area may reach 31%. Therefore Publicity. But what is unexpected is that the rumor coefficient of the public at the end of the house far exceeds 31%. After investigation by relevant departments, the share coefficients of these three buildings are above 46%.
In the response of the relevant local departments, it is clearly stated that the allocation coefficient of Building 56 of the project is 0.465, the share coefficient of Building No. 61 is 0.461, and the share coefficient of Building No. 62 is 0.463, which leads to the large building area of the public. The thickness of the wall below the 46 floors of the three buildings is 60 cm, and the thickness of the 47th and above walls is 40 cm. According to the "Real Estate Specification Specification", half of the exterior wall of the building needs to be included in the public area. In addition, these three buildings have two floors of public supporting houses in the shared area, which led to a large amount of allocation coefficients larger than other high -rise houses. It is difficult for owners to accept such an explanation. In their opinion, more than 100 square meters of houses have shrunk by nearly half, causing each unit to be very cramped. There are many problems with the appropriate furniture appliances to buy appropriate furniture and appliances at home.
The reporter then contacted the developer of the project. After listening to the intention, the staff directly hung up the reporter's phone.
The relevant departments of Qingdao West Coast New Area stated that the situation is still in the process of dealing with.
Gao Yuliang, a staff member of the special disposal of the West Coast New Area: Regarding the trouble of the public, this project is indeed a bit big. Our government class has ordered developers to continue to communicate with them and try to reach an agreement.
How can the public area be clear and clear?
What exactly is a bars? Where does the bars come from? Which area is the publicity and which are not counted? How should consumers tell? Can the bars area be canceled? How is the dispute over the bass area resolved?
What is a pool area? How to calculate?
The stall area has been in my country for a long time. At that time, the Ministry of Construction had corresponding regulations on the bass area in the "Calculation Rules of Construction Area", "Calculation of Commercial Housing Sales Area Calculation and Public Building Area Elimination Rules". The "Administrative Measures for the Sales of Commercial Houses" implemented in 2001 also clarified that the construction area of the commercial house consists of the construction area and the shared construction area of the units.
Specifically, the construction area of the inner sleeve = the use area of the inner wall of the sleeve + the inner wall of the sleeve + the balcony building area.
The public building area is generally composed of the following two parts: First, elevator shafts, stairwells, trash aisters, transformer rooms, equipment rooms, public entrance halls and aisles, basements, duty guard rooms, and other functions to serve the entire building to serve the entire building. The construction area of houses and management rooms; the second is the partition wall between the set (unit) and the public building space, as well as half of the horizontal projection area of the outer wall (including the gable) wall.
To put it simply, the more if there are public spaces such as elevators and public facilities, as well as corridors, aisles, etc., the larger the row coefficients.
How much is the bars area reasonable? Who will calculate?
Understand what is the area of the pool, and let's take a look at, how reasonable is the area of the public storage area? Who will calculate?
How large is the area of the public stalls? The country does not have clear regulations at present. In the actual operation process, this is often prone to disputes.
Zhao Xiuchi, vice chairman of the Beijing Real Estate Law Society: The people's perception of the public area is not fully understood because it is very professional.
So who calculates the storage? Under normal circumstances, the pool data of a residential community needs to pass the following procedures: one is the calculation of the drawings of the design unit, and the other is the accounting of the competent department on the publicity. After the project is completed, the surveying and mapping department will also calculate the real estate area again Essence
At present, it involves the measurement of the pool, my country has two national standards: "Real Estate Specification Specifications" and "Calculation Specifications for Construction Engineering Building Area". The stall area is calculated opaque and other phenomena.
Yu Xiaofen, vice president of Chinese real estate appraisers and real estate brokers' Society: The calculation of the area of the pool is very complicated. The degree of disclosure of our relevant information is not high enough and the transparency is not enough, so it also causes some unnecessary trouble. In addition, many commercial housing currently uses a pre -sale system. Ordinary buyers can only passively understand information from developers and other places, which also adds uncertainty to the final bus.
What information should I pay attention to when signing a housing contract?
We see that the country's current roll area of the country does not have the upper limit and lower limit, but this does not mean that the ballast area can be arbitrarily set at will. When the buyer signed a house purchase contract in the early stage, should you pay special attention to the information about the public area?
In fact, in the "Administrative Measures for the Sales of Commercial Housing", there are clear requirements for the shrinking of the house area. The "Measures" clearly states that if the absolute value ratio of the area is within 3 % (including 3 %), the house price is settled according to the real settlement; when the absolute value of the area error ratio exceeds 3 %, the buyer has the right to check out.
Simply put, when the absolute value of the actual area of the contract and the actual area of the contract exceeds 3 %, the buyer has the right to check out. If the actual area is less than the agreed area of the contract, the housing price of the absolute value exceeds 3 % is doubled by the real estate development enterprise.
Therefore, Huang Luoping, a lawyer Huang Luoping, who has long been engaged in real estate disputes for a long time, should pay attention to the provisions of the purchase and sale contract according to the policy when signing a house to purchase a house in the early stage. For example, developers must publicly disclose the housing area forecast report or actual measurement report at the sales office. Buyers can find out the relevant area data of the house to be purchased from this report, thereby calculating the proportion of publicity. When necessary, the buyer can sign a supplementary agreement when signing the contract of the commodity housing to buy and sell, and supplement the bonus area and the corresponding default liability to make supplementary agreements in order to better safeguard their legitimate rights and interests.
Huang Luoping, a senior partner of Guangdong Lianyue Law Firm: When buyers buying a house, they must go to see it on the spot and understand it in detail, because the information announced by the developer may not be announced at one time, and it is necessary. Attack, you must also consult a professionals, or you can go to the Housing Management Bureau to inquire about the actual situation of these bars.
When receiving the house, I found how to protect the owner of the house in the house?
The precautions for signing a house purchase contract above are mentioned above. Then, if the house area shrinkage and the increase in the bars after receiving the house, how should the owner defend the rights?
After receiving the house, if there are objections to the public, buyers can bring a house purchase contract, building construction map, housing sales or segmentation plan, etc., and apply for area appraisal at the real estate surveying and mapping center.
Huang Luoping, a senior partner of Guangdong Lianyue Law Firm: Generally, seeking legal help correctly, first of all, the evidence of damage must be fixed. The second is to prepare the developers' original commitments and evidence. The third is to complain to the relevant administrative authorities, and the final session is to file a lawsuit with the people's court in accordance with the law.
Is the stall area easily caused the dispute to be canceled?
Since the area of the pool is easy to cause disputes, can the bars area be canceled?
Some opinion believes that although the additional bars in commercial housing sales are common in the country, the area of public storage area lacks legal basis and institutional constraints. In particular, some developers use ordinary home buyers to lack the ability to understand and calculate the area of the pool. Continuously pushing up the area and the coefficients of the publicity, which hurt the buyers, so it is recommended to cancel the publicity.
In the eyes of the industry, the cancellation cannot be achieved overnight, and it will even affect the rights of buyers. Because in the "Administrative Measures for the Sales of Commercial Houses", it is clearly stated that the shared construction area part is the common property rights, and the buyer has the right to enjoy the rights and assume responsibilities in accordance with the provisions of laws and regulations.
Yu Xiaofen, vice chairman of the Society of Real Estate and Real Estate Brokers of Real Estate: At present, it is also a protection of the rights and interests of ordinary people in accordance with the construction area, because the public part is also owned by the common people and has its rationality.
From the perspective of buyers, the area of the pool also represents the quality of the community to some extent. The area of the pool is too small, which may mean supporting facilities such as narrow elevator rooms, multiple staircases, and decreased public activity areas, which will affect the quality and comfort of living.
In addition, after the cancellation of the bass area, the management, maintenance, and subsequent safety responsibilities of the public owner will bring many practical problems to the owner's departure. Therefore, there will be many difficulties and problems in the process of canceling the publicity.
Source: CCTV News Client
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