There are only 60 square meters in 110 square meters of houses.

When objectively cannot cancel the publicity (common part)

Perhaps the focus of legislation and regulation should be on the requesting development enterprise

Do a good job of publicity in the entire process of sales

Really make the buyers who buy it clearly, and buy it at ease

Recently, some media reported that "an owner of Qingdao purchased a 110.25 square meter house, but found that the area in the set was only more than 60 square meters." The problems caused by the storage office cannot simply use the cancellation of the publicity solution. The key is to be transparent and disclosed in the full process of sales.

In fact, the accurate disclosure of the bald area is the clear requirements of the current regulations and implements the entire process of sales of commercial housing.

In the contract, the "Calculation of Commercial Housing Sales Area Calculation and Public Construction Area Allocation Rules" (trial) implemented in 1995 stipulates that in the commercial housing purchase and sales contract signed by commercial housing trading, Indicate the construction area (real building area) and the public building area that should be shared reasonably. This document also calculates the construction area and public area, including the treatment of the wall, has detailed regulations. The "Administrative Measures for the Sales of Commercial Houses" implemented on June 1, 2001. When the sales of commercial housing sales can be priced at the set (unit), or the construction area or building area in the set can be priced If the construction area is valued in the set, the commodity housing and sales contract shall indicate the co -construction area of ​​the construction area and the sharing of the commercial housing; if it is valued at the construction area, the parties shall agrerive the construction area and the shared construction area of ​​the construction area in the contract. " The 1995 version of the "Demonstration Text of the Commodity Housing Purchase and Sales Contract", the 2000 edition and the 2014 version of the "Demonstration of the Trade Housing Sale Contract" also required the contract area in the contract.

During the delivery of commercial housing, if the actual area (including the area) is inconsistent with the contract, it shall be handled in accordance with the contract and the law. Article 34 of the "Administrative Measures for the Sales of Commercial Housing" requires that the development enterprise entrusts the unit with the project to implement surveying and mapping according to the project entrusted units with real estate surveying and mapping qualifications before the delivery of commercial housing. Article 19, 20, and 21 of the "Measures" shall be clearly stipulated for the treatment and responsibility of the actual measurement area (registration area) and the agreed area. These regulations are also reflected in the text of the commercial housing sales contract.

At the same time, the information on the sales of commercial housing sales and sales site is also made clear. For example, the "Administrative Measures for the Information Disclosure of the Sales of Commercial Housing Sales in Chengdu" in 2009 requires "the construction area of ​​each set of commercial housing (including the construction area and the public roll area) of each commercial house" at the sales site. According to Article 3 of the "Explanation of Several Issues on the Application of Laws on the Trial of Commodity Housing Sale Contract Disputes in the Supreme Court", even if the area is not written into the contract, it is only reflected in the sales advertisement and publicity materials of commercial housing because it belongs to it belongs to The explanation and promises of houses and related facilities within the scope of commercial housing development planning, and have a significant impact on the establishment of commercial housing sales contracts and the determination of house prices. It should also be the content of the contract.

Back to the story of the owner of Qingdao. If the development company clearly notified the proportion of the public in the construction area and the internal area in accordance with the law, and clearly stipulated in the contract, the actual measurement area when handing over the house is consistent with the informing and agreed area, or although there is an error, but the area is the area, but the area is The error ratio is within the scope of the absolute value (within 3 % (including 3 %) stipulated in Article 20 of the Administration of Commercial Housing Sales), and the related disputes may not occur. Of course, as a producer and seller, the development enterprise is obliged to explain to the buyer to explain the meaning and measurement standards of the building area, the internal area, and the storage area, including the rules of the wall counting area.

It is not the first time that the hot search on the public area is the first time. Although the "Administrative Measures for the Sales of Commercial Housing" clearly stipulate that "the sales of commercial housing can be priced at the set (unit), or the construction area or building area in the set", as long as there is wind and grass, for example, in 2019, the Ministry of Housing and Construction publicly solicited opinions " The 2.4.6 of the residential project specification (draft for comments) "mentioned that" residential buildings should be traded in the use area in the suit ", and the public will conduct a variety of interpretations, and the interpretation of" cancellation of the public "is particularly popular. This phenomenon shows that the public pays great attention to the area of ​​commercial housing stalls involving vital interests.

《商品房销售面积计算及公用建筑面积分摊规则》（试行）中列举的需要购房者分摊的公用建筑面积包括：（1）电梯井、楼梯间、垃圾道、变电室、设备间、公共门厅和The aisle, basement, duty guard room, and other functions serving the entire building's public room and management room area; (2) the partition walls between the set (unit) and the public building space, and the outer wall (including the gable) (including the gable) Half of the wall -level projection area. These public buildings belong to the common part of the building to distinguish all of them, which is an indispensable objective existence. Article 273 of the Civil Code requires the owner to transfer the residential and operating housing in the building, and it has the right to partially shared the co -ownership and common management rights. When selling goods (including pre -sale of commercial housing and pre -sale of commercial housing), developers must also transfer the common parts and proprietary parts to the buyer.

When objectively unable to cancel the publicity (common part), the focus of legislation and regulation should be placed in a good publicity in the entire process of the development of the company in the entire process of sales, which truly makes the buyers buy it clearly and buy it at ease.

(The author is a professor at Peking University Law School)

Send 2022.8.29 Total Issue 1058 "China News Weekly" magazine

Magazine title: The area of commercial housing stalls should be transparent and open

Author: Lou Jianbo

Edit: Wang Xiaoxia

Operation editor: Xiao Ran

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