A citizen of Qingdao City, Shandong Province bought a house of 110 square meters, but found that the area of ​​the apartment was only more than 60 square meters; 31% of the public area promised by the salesperson orally when the house was purchased was turned into 46% when the house was repossessed… …

  On August 16, a report published by the Legal Daily made the controversial public pool area once again aroused heated discussions among netizens. After the professional terminology is piled up, the house collection becomes a blind box, and the voice of "cancelling the shared area" is revived.

What is the built-up area?

  When it comes to public stalls, you need to first figure out what is the building area and what is the building area inside the suite.

  In layman's terms, the building area of ​​the house includes the building area within the suite and the shared building area. The building area within the suite is the exclusive part of the owner, that is to say, the building area within the suite is when the door is closed.

  According to a report from Legal Daily, in April 2018, Li Li (pseudonym) purchased a house with a total area of ​​110.25 square meters in a community in Qingdao.

The content of the house purchase contract shows: a set of three houses with a total value of more than 1.2 million yuan of 110.25 square meters, the building area of ​​the suite is 75.24 square meters, and the shared building area is 35.01 square meters, and the shared area accounts for about 31.8% of the total housing area.

  However, in September 2021, Li Li, who was about to close the house, was dumbfounded. He pushed open the door, and what caught his eye were the ultra-thick walls, cramped space, and three pitifully small bedrooms.

After looking for a home inspector to measure, she found that the actual suite was only about 61 square meters.

  Li Li later inquired with the seller and learned that the difference between the 75 square meters of the interior area shown in the contract and the 61 square meters she actually measured is mainly reflected in the thickness of the wall, and half of the thickness of the outer wall is included in the set. Internal building area.

So, what is the built-up area?

The building area of ​​the suite refers to the area of ​​the space used by the house within the suite, calculated as the horizontal projected area.

It is composed of three parts: the usable area of ​​the house in the suite, the wall area of ​​the suite, and the building area of ​​the balcony within the suite.

  Therefore, the building area of ​​the suite includes the area of ​​the inner wall, and half of the outer wall area of ​​the unit is also included in the area of ​​the suite.

What is the pool area?

  The report shows that when Li Li defended his rights in accordance with the law, he only got the "official" caliber - the proportion of the public area of ​​the community housing is 46%.

"This means that we have spent millions of dollars to buy houses, and we actually don't live in nearly half of them. If I knew this from the beginning, I would not have bought it anyway."

  The public pool area is widely criticized because the owners cannot measure or calculate it.

  So, what is the common building area?

Generally speaking, the public share construction area refers to the construction area of ​​all the public parts of the whole building shared by the property owners of the whole building, mainly including: elevator shafts, pipeline wells, stairwells, garbage passages, transformer rooms, equipment Room, public hall, aisle, guard room on duty, etc., as well as the construction area of ​​public room and management room for the whole building.

  Therefore, the common building area usually refers to the jointly owned, not exclusive part of the owners.

Are there many rights protection or legal cases caused by public sharing?

  Wang Yuchen, director of Beijing Jin v. Law Firm, said that there are not many or not many cases caused by public pools. In fact, objectively speaking, many people do not understand, so many people do not know that their rights and interests have been damaged.

  Wang Yuchen pointed out that the public share is very simple to say, but in real life, the public share and the public part (other than the public share, are not included in the share of the room, but are owned by all the owners, such as the public roads and public areas of the community). Green space, supporting housing, etc.) are often uncontrollable or even unknowable for owners.

There is no shortage of public apportionment parts and public parts. The majority of owners spend money, but they do not know where they are, let alone whether they have generated income.

Moreover, this phenomenon is commonplace in many communities.

How to identify public stalls when buying a house?

  Wang Yuchen said that when buying new houses, most of them are off-plan houses, and even if it is an existing house, many people are not sensitive to the area.

  Wang Yuchen pointed out that the public share ratio claimed by the developer can be preliminarily verified through a very simple method.

The developer must disclose the housing area forecast report or actual measurement report at the sales office. You can find out the relevant area data of the house to be purchased from this report,

subtract the building area from the building area and divide it by the building area. The share ratio can be calculated.

Is it necessary to cancel the pool area?

  The voice of "cancelling the public pool area" has never stopped.

  Taking this year's two sessions as an example, according to the People's Daily, Hong Yang, a member of the National Committee of the Chinese People's Political Consultative Conference, said that the addition of public space in the sale of commercial housing is a common phenomenon across the country.

However, the area of ​​the public pool and the size of the public pool are all a cloud of fog, and the developer can only "talk about it", and the owner has no right to plead.

  Hong Yang mentioned that no professional organization has ever measured the common pool area of ​​each household under the supervision of the owner or a third-party professional organization, and no owner has ever measured the common pool area of ​​their own house.

The public pool area is invisible and intangible, but the people have paid high costs for it.

There is no uniform standard for the division of common areas.

Which areas belong to the public pool area, which areas are not, and whether there are repeated charges, can only be determined by the developer.

  To this end, Hong Yang suggested that the state cancel the common pool area, and the actual cost of the pool area can be calculated into the usable area.

Let the common people understand the payment, buy houses with confidence, and at the same time resolve many conflicts and disputes between owners and developers, and promote social harmony.

  Previously, "Ban Yue Tan" also published a commentary pointing out that it is very important for home buyers to be able to live in a clear house and not to pay for the confused bills one after another.

It's more about fairness.

The cancellation of the public pool area especially means eliminating its associated tricks and loopholes, avoiding a large number of contradictions and disputes at the source, and ensuring fairer and transparent market transactions.

Can the public stall be cancelled?

  So, can the public stall be cancelled directly?

  Wang Yuchen mentioned that the public share part exists objectively, and there is no problem of objective cancellation.

However, when the house is sold, the building area can not be sold to the outside world, but the built-up area or the used area of ​​the suite after the common area is removed, which can effectively avoid related sales fraud.

Moreover, whether it is at the time of sale or when the house is handed over, if the public share and the public part are fully publicized, fully open and transparent, the problem of encroaching on the public share will be greatly reduced.

  The above-mentioned "Ban Yue Tan" commentary pointed out that it is necessary to explore the use of the inner area instead of the building area for pricing, so as to squeeze out the "moisture" of the shared area.

From a macro point of view, this can make the real estate market statistics more scientific, more truly reflect the living conditions of the masses at this stage, more keenly reveal the changes in market conditions, create more favorable conditions for the collection of real estate tax, and provide the government with the introduction of the real estate market. Control measures provide more valuable data reference.

Did the official mention the cancellation of public stalls?

  At present, there is no official mention of the cancellation of public stalls.

  However, on February 18, 2019, the official website of the Ministry of Housing and Urban-Rural Development released the "Notice for Public Comments on 38 Full-text Mandatory Engineering Construction Specifications in the Field of Housing and Urban-Rural Construction" including <Urban and Rural Water Supply Engineering Project Specifications>.

Among the 38 mandatory engineering construction specifications, there is a 31,000-word "Residential Project Specifications (Draft for Comment)", in which Section 2.4.6 of the second part states that "residential buildings should be traded on the basis of the area used in the suite." This is the first time that the Ministry of Housing and Urban-Rural Development has clearly stated in an official document that houses should be traded by the area of ​​the suite.

  It is mentioned in the drafting instructions attached at the end of the draft for comments that, at present, residential buildings in my country are mainly traded on the basis of construction area, so there will be the problem that the same project has the same construction area but different use areas, which will aggravate the "common share". area to hurt the people" contradiction.

  On September 10, 2019, after careful analysis and processing of feedback and revision suggestions, the General Office of the Ministry of Housing and Urban-Rural Development issued for the second time the full text of mandatory engineering construction specifications in the field of housing and urban-rural construction such as the "Residential Project Specifications". letter of opinion.

However, the words "residential buildings should be traded on the basis of the area used in the suite" are no longer included in the draft of the "Residential Project Specifications" issued for the second time.

  On March 15, the General Office of the Ministry of Housing and Urban-Rural Development issued a notice for public comments on the "Residential Project Specifications".

The notice shows that according to the Ministry of Housing and Urban-Rural Development's engineering construction standards, the work plan has been drafted, and the "Residential Project Specifications" have been drafted, revised and improved on the basis of multiple consultations in the early stage, and have been reviewed and approved by experts.

  Peng Mei News noticed that in the public consultation draft on the "Residential Project Specifications" released on March 15, 2022, it was no longer mentioned that "residential buildings should be traded with the area used in the suite".

Who will be most affected by the cancellation of the pool area?

  Zhang Dawei, chief analyst of Centaline Real Estate, pointed out that whether the price is based on the apartment has basically no effect on the actual purchase cost of home buyers.

In addition, for homebuyers, property fees and other charges derived from the construction area may also be reduced.

  Zhang Dawei said that the smaller the pool area is, the better. It is not included in the area price, which means that the developer can also increase the unit price of the suite.

In addition, if the developer squeezes the pool too much, it will lead to a decrease in the quality of the community, including corridors and clubs. , the lobby and other public areas shrunk.

  For homebuyers, Zhang Dawei said that the biggest impact on the pricing of the area of ​​the suite is the sale of off-plan properties. For existing and second-hand homes, it is easier for homebuyers to price.

Judging from the price calculated in the suite, some cities such as Chongqing have already landed in the country, which is indeed more beneficial to homebuyers and reduces gray interests for developers.

Does not include the common pool area will lead to housing prices?

  For the public, whether the cancellation of the public pool area will affect the housing price is also one of the hot topics of discussion.

  Lu Wenxi, an analyst at Shanghai Centaline Property Market, pointed out that whether it is the price of the public pool area or the area of ​​the suite, for home buyers, only the pricing method has changed, and it will not have much impact on the total house price.

  Li Yujia, chief researcher of the Guangdong Housing Policy Research Center, believes that the impact of public sharing on housing prices is nonsense, and public sharing has no impact on housing prices.

Because the purchased real estate itself is composed of two indispensable parts: exclusive and shared, one side is lighter, and the other is naturally heavier.

In addition, when people buy a house, they buy not only indoor living, but also community services supported by the public pool.

In the past, the housing acquisition rate (the proportion of the area inside the suite) was very high, but the supporting facilities were few and the public services were poor.

The current high-rise housing rate is low (70%-80%), but there are high-speed elevators, property management, and good lighting and ventilation.

  Yan Yuejin, research director of the Think Tank Center of the E-House Research Institute, pointed out that the issue of canceling the public pool area should be said to be worthy of attention, which reflects the orientation for home buyers or owners to reduce costs and standardize the operation of the community.

But the wool comes from the sheep. If the cost is not shared and the cost is not digested, the developer can still count it in the house price.

  Yan Yuejin believes that if it is simply cancelled, how to manage the public pool area is still a problem.

He believes that in the later stage, some communities or real estate enterprises can be recommended to actively declare. If the real estate enterprises have strong financial strength in the future, they can completely cancel the public pool area.

For example, the cost of the public pool area should be borne by the housing company itself, so that the housing company can consider more value-added benefits.

Similar processes require more negotiation and argumentation with the owners, so as to form a common divisor for sharing the opinions.

Will not calculating the common pool area shrink the assets of those who have bought a house?

  Jiang Han, a senior researcher at Pangu Think Tank, pointed out that at present, the homeownership rate in China is actually very high. Although people have been criticized for being too high in housing prices, most people actually own a house.

The public pool area will not shrink the assets of those who have already bought a house.

  Jiang Han said, because whether it is the shared area or the area used in the suite, the calculation of these two areas only affects the unit price of the real estate, and the total price of the real estate will not change much.

For example, assuming that the original 100-square-meter house is priced at 4 million yuan, and the unit price per square meter is about 40,000 yuan, but in fact the usable area of ​​this house is only 70 square meters, then if the calculation of the public pool area is cancelled , the total price of the total value of the house does not change much, but the unit price per square meter will change to a certain extent, that is, the price per square meter is about 57,000 yuan, so it will not affect everyone's actual wealth.