When buying a house, many people will ask how much the "community area" of the house is. After all, after spending so much money, many people have to take out loans, and they care about every square meter.
In Qingdao, Shandong, some homebuyers found out when they bought their houses, that the shared area of the houses they bought had reached more than 46%, and nearly half of the houses had been shared out.
What's going on, let's watch the reporter's investigation together↓
Buyers find that nearly half of the house is "public pool area"
The sixth phase of this real estate project in Qingdao West Coast New Area is three 55-storey super high-rise buildings, namely Building 56, Building 61, and Building 62, which were handed over last year.
At that time, the enthusiastic owners who came to collect the house found that their house had become smaller.
Owner:
(My house) The area of the real estate certificate is 128.35 (square meters), and the area of the suite is less than 70 (square meters), measured by the neighbor downstairs.
This is the largest bedroom, the master bedroom, with an area of 11 square meters (m), but after the bed is installed, the bedside table and wardrobe cannot be opened.
This is the second bedroom, 8 square meters (m).
Homeowners:
This is a house of 110 square meters (square meters), and the actual usable area is 59.25 (square meters) should be.
The usable area of this second bedroom is a little more than 6 square meters (square meters).
The owners reported that according to the explanation of the sales staff at the beginning of the purchase, the community is a super high-rise building. Considering factors such as the refuge floor and the height of the elevator, the public pool area may reach 31%, so the purchase contract was signed according to this standard. public stall.
But what is unexpected is that the public apportionment coefficient when the house is finally closed is far more than 31%. After investigation by relevant departments, the apportionment coefficient of these three buildings is above 46%.
In this reply from the local relevant department, it is clearly stated that the apportionment coefficient of Building 56 of the project is 0.465, the apportionment coefficient of Building 61 is 0.461, and the apportionment coefficient of Building 62 is 0.463. The thickness of the walls below the 46th floor of these three buildings is 60 cm, and the thickness of the walls on the 47th floor and above is 40 cm. According to the "Real Estate Survey Specifications", half of the outer wall area of the building needs to be included in the shared area.
In addition, two floors of public facilities in these three buildings are not included in the apportionment area, so the apportionment coefficient is larger than other high-rise residential buildings.
It is difficult for the owners to accept such an explanation.
In their opinion, the house of more than 100 square meters has shrunk by nearly half, resulting in each apartment is very cramped, and there are many problems in purchasing suitable furniture and home appliances.
Homeowners:
Keep the mouth of the washing machine, (the width here) is more than 40 cm. I said that the washing machine cannot be placed, but the developer said that a specific model can be placed.
The reporter then contacted the developer of the project, and the staff hung up the reporter's phone after hearing the intention.
The relevant departments of Qingdao West Coast New Area said that the current situation is still in the process of processing.
Gao Yuliang, a staff member of the special class for disposal work in the West Coast New Area:
Regarding the issue of public housing, this project is indeed a bit big. Our government special class ordered the developers to continue to communicate with them and try to reach a consensus.
How can the "
common pool area" be clear and clear?
Happy to buy the house, but found that nearly half of the house is "shared area", and the confusion about "shared area" exists in the minds of many home buyers.
Some home buyers are confused by terms such as public share and public share coefficient; some home buyers find that the public share area promised by the salesperson orally has increased significantly when the house is closed; some home buyers are caught in disputes caused by the public share area middle.
What exactly is a "community area"?
Where does the "communal area" come from?
Which areas count as public pools and which ones don't?
How can consumers tell the difference?
Can the "common pool area" be cancelled?
How to resolve the "communal area" dispute?
What is "common pool area"?
How to calculate?
What is the common area?
How to calculate the common area?
The public share area system has existed for a long time in my country. At that time, the Ministry of Construction had corresponding regulations on the public share area in the "Construction Area Calculation Rules", "Commodity House Sales Area Calculation and Public Building Area Apportionment Rules".
The "Administrative Measures for the Sales of Commercial Houses" implemented in 2001 also clarified that the construction area of commercial houses is composed of the construction area of the suite and the shared construction area.
Specifically, the building area of the set = the usable area of the set + the wall area of the set + the building area of the balcony.
The public building area is generally composed of the following two parts: one is elevator shaft, stairwell, garbage channel, transformer room, equipment room, public hall and aisle, basement, duty guard room and other public functions that serve the whole building. The building area of the room for use and management; the second is half of the horizontal projection area of the partition wall between the suite (unit) and the public building space and the outer wall (including the gable).
Simply put, if there are more public spaces such as elevators and public facilities, as well as corridors, aisles, etc., then the sharing coefficient will naturally be larger.
How much is "common pool area" reasonable? Who will measure it?
Now that we know what the pool area is, let’s take a look. How large is the pool area reasonable?
Who will measure it?
The scope of the public pool area is reasonable, and the state currently does not have clear regulations. In the actual operation process, this is often prone to disputes.
Zhao Xiuchi, vice president of the Beijing Real Estate Law Society:
The common people's understanding of the public pool area is not fully understood because it is very professional.
So who will measure the public share?
Under normal circumstances, the public share data of a residential area needs to go through the following procedures: one is the drawing calculation of the design unit, and the other is the accounting of the public share by the competent department. After the project is completed, the surveying and mapping department also needs to make another measurement of the property area. .
At present, when it comes to public share measurement, there are two national standards in my country: "Real Estate Measurement Specification" and "Construction Engineering Construction Area Calculation Specification". However, due to the lack of a multi-measurement integration system in some places, there is a lack of third-party supervision. Apportionment area calculation is not transparent, etc.
Yu Xiaofen, Vice President of the China Society of Real Estate Appraisers and Real Estate Brokers:
The calculation of the public pool area is very complicated. The degree of disclosure of our relevant information is not high enough, and the transparency is not enough, so it also caused some unnecessary troubles.
In addition, many commercial houses currently adopt the pre-sale system, and ordinary house buyers can only passively obtain information from developers and other places, which also increases the uncertainty for the final public booth.
What information should you pay attention to when signing a house purchase contract?
We have seen that the state currently does not set upper and lower limits on the public share area of residences, but this does not mean that the public share area can be set at will by developers.
What information should buyers pay special attention to when signing a house purchase contract in the early stage?
In fact, in the "Administrative Measures for the Sales of Commercial Houses", there are clear requirements for the shrinkage of the housing area.
The "Measures" clearly pointed out that if there is an error, according to the standard of 3% of the absolute value of the area error, more refunds and less compensation.
Simply put, when the absolute value of the error ratio between the contracted area and the actual area exceeds 3%, the buyer has the right to check out.
If it is agreed not to check out, when the actual area is smaller than the contracted area, the real estate development company will double the housing price payment for the part exceeding 3% of the absolute value to the buyer.
Therefore, according to Huang Luoping, a lawyer who has been dealing with real estate disputes for a long time, buyers must pay attention to refining the terms of the sales contract according to the policy when signing the purchase of a house in the early stage.
For example, at present, developers must disclose housing area forecast reports or actual measurement reports at the sales offices. Home buyers can find out the relevant area data of the houses to be purchased from this report, and then calculate the public share ratio.
When necessary, the buyer can sign a supplementary agreement when signing the commercial housing sales contract, and make supplementary agreements on the common pool area and the corresponding breach of contract liability, so as to better safeguard their legitimate rights and interests.
Huang Luoping, senior partner of Guangdong Lianyue Law Firm:
When buyers buy a house, they must see it on the spot and learn more about it, because the information released by the developer may not be released at one time, and it is necessary You should also consult professionals at times, or you can go to the Housing Authority to inquire about the actual situation of these public pool areas.
How can the owner protect his rights when he finds that the area of the house has shrunk?
I just mentioned the precautions when signing a house purchase contract. Then, if the house area shrinks and the common pool area increases after the house is repossessed, how should the owner protect his rights?
After the house is repossessed, if there is any objection to the public share, the buyer can bring the house purchase contract, construction drawings, house sales or division plan, etc., to the real estate surveying and mapping center to apply for area appraisal.
Huang Luoping, senior partner of Guangdong Lianyue Law Firm:
We say that in general, if you seek legal help correctly, you must first fix the evidence of your damage. The first aspect is that when the developer is applying for construction, How much is the public pool area reported for construction? The second is to make the promise made to you by the developer, and the evidence can be prepared. The third is to file a complaint with the relevant administrative department. file a lawsuit.
Can the "common pool area" easily lead to disputes be cancelled?
Since the common pool area is easy to cause disputes, then, can the pool area be cancelled?
There is a view that although it is a common phenomenon in the whole country to add public pool area in the sales of commercial housing, the public pool area lacks legal basis and institutional constraints, especially some developers who use ordinary house buyers lack the ability to understand and measure the public pool area in depth. Continuing to push up the public pool area and the pool pool coefficient will hurt the buyers, so it is recommended to cancel the pool pool.
In the eyes of industry insiders, cancellation cannot be done overnight, and it will even affect the rights of home buyers.
Because it is clearly pointed out in the "Administrative Measures for the Sales of Commodity Houses" that the part of the shared building area shared is the common property rights, and the buyer enjoys the rights and assumes the responsibility according to the laws and regulations.
Yu Xiaofen, Vice President of the China Society of Real Estate Appraisers and Real Estate Brokers:
(At present) the valuation or property right confirmation based on the building area is also a protection for the rights and interests of the common people, because the public parts are also owned by the common people, so there is still its reasonableness sexual.
From the perspective of home buyers, the public pool area also represents the quality of the community to some extent.
Too small public pool area may imply problems with supporting facilities such as narrow elevator halls, multiple households on one elevator, and reduction of public activity areas, which in turn affects the quality and comfort of living.
In addition, the cancellation of the public pool area will also bring many practical problems to the management and maintenance of the public pool area after the owner moves in, as well as the subsequent safety responsibilities.
Therefore, if the public share is completely abolished, there will be many difficulties and problems in the practice process.