There is something to find Zi Niu | The area of the placement of the house is "growing" when delivering the area, do the owner pay for the excessive area?

Author:Yangzi Evening News Time:2022.08.03

Recently, some owners in Longcheng Dandan County, Suqian City have successively reported to the Yangtze Evening News/Zi Niu Journalist that after 4 years, they finally waited for the delivery of the demolition and resettlement house. This was a pleasant thing. Children, but they were told when they were preparing to get a house. The total construction area of ​​the house became larger, more than 3%, and the actual area of ​​use decreased, but the area of ​​the public storage area increased a lot. Development companies said that to get a house, the money must be paid at the time of buying a house. This makes the owners feel very troublesome.

Longcheng Dan County Community

Owner: The practical area is "shrinking", but the area of ​​the public roll has increased.

The second phase of Longcheng Dan County is located at 186 Huanghe North Road. In December 2018, the demolition households and Suqian Urban Investment Company -Suqian Longcheng Real Estate Co., Ltd. signed the "Subscribe to Subscribe to Subsidies" (hereinafter referred to as the "Agreement"), which was at a price of more than 6,000 yuan per square meter. Order the house and deliver all the housing funds at one time. Article 1 of the "Agreement" clearly states: "The property right area is finally based on the completion and mapping report issued by the housing management department, and the part of the house area error ratio is more than 3%.

The house chosen by Mr. Xiao is the 14th floor with an area of ​​122.58 square meters, of which the inner area is 97.5 square meters, and the bald area is 25.08 square meters. However, when I was going to get a house in July this year, Mr. Xiao knew that the total construction area of ​​the house he purchased was 128.37 square meters, the internal area was 95.25 square meters, and the pool was 33.12 square meters. %Increased to 34.77%.

In this way, the area difference reaches 5.79 square meters. Based on the original purchase price of 6085 yuan per square meter, Mr. Xiao will make up 35,232 yuan.

Mr. Xiao's new house is more than 35,000 yuan

According to Article 20 of the "Administrative Measures for the Sales of Commercial Housing": If the building area or the building area is priced in the set, the parties shall stimulate the processing method of the contract area and the registration area of ​​the property rights registration in the contract. If the contract is not agreed, it is treated according to the following principles: If the absolute value of the area error ratio is within 3%(including 3%), the house price is settled according to the real settlement. When the area of ​​the property right registration area is greater than the agreed area of ​​the contract, the housing price ratio of the area error ratio within 3%(including 3%) is supplemented by the buyer; people.

Mr. Xiao believes that the Agreement signed by the development company to conflict with the regulations and should be invalid. At the same time, because the increased area is in the publicity part, it should be borne by the development enterprise, and the development enterprise shall compensate for the "shrinking" part of the actual use area.

In Longcheng Dan County Community, there are still many households like Mr. Xiao's new houses. In the past few days, the owners have reflected their demands through various channels. The text message received by a number of owners after calling the local government hotline 12345 is: The second phase of the Longcheng Dan County Phase Ing -Phase Phasein area is based on the "Real Estate Measurement Specifications", "Technical Regulations for Housing Area Promotion of Housing in Jiangsu" The "Suqian City Surveying and Mapping Report" issued by relevant regulations such as inspection and acceptance meets the relevant regulations.

Developer: Affordable housing is particularly special, and the owner is not satisfied with the lawsuit.

On the morning of August 2nd, the Yangtze Evening News/Zi Niu journalist came to Suqian Longcheng Real Estate Co., Ltd. The company's general manager Zhang Meng explained from the three aspects of the problem of differences in the area difference between the new house reported by the owner.

Zhang Meng said that first of all, in the process of selecting a housing selection process, the affordable housing is different from the commercial house. "In the process of the house selection, it was actually carried out in the same period as the demolition. After completing, let the owner choose a house. "

The subscription agreement signed by the owner and the development company

Zhang Meng explained that there are three stages of real estate area calculation in the process: the real estate plan stage is actually estimated by the real estate area; the second stage is that after the construction map is completed, there will be a prediction. In the final completion stage, there is another measurement.

"Affordable housing has its special characteristics. In order to facilitate the demolition and housing selection of the people, we are actually publicized after the real estate estimation is completed, that is, the plan was approved by the Planning Bureau, and then publicized on the spot." Zhang Meng said. The area is also clearly clarified.

Regarding the question of whether it is in accordance with laws and regulations, Zhang Meng said that the "Agreement" has been clarified, "Because we are selecting a house during the estimated stage, it is easy to have a poor area." Zhang Meng said that all the area exceeds part, all of which are all part, all of which It is charged according to the resettlement price.

Regarding the question of whether it is reasonable, Zhang Meng said that the entire second -stage affordable housing also has the money of refund the owner, and there are also people who need to make up for some differences. 40%of the owners need to refund the money or do not need to make up for money. If you need to make up for money, 60%of the money needs to be replenished very little. "If I don't collect the money of these people in the super -area, is it unfair to the 40%of the people in front?" Zhang Meng asked.

According to Zhang Meng, there are also owners who refund the money to feel dissatisfied. I found the company and felt that their area was less. Although I received a refund, the house prices were different from adjacent communities, and the area was reduced. There are less benefits. Facing the incomprehension of some owners, Zhao Meng said that the owner can solve it through a lawsuit. In addition, the owner can choose to check out, and the company will refund the refund of the bank's interest at the same time.

Lawyer said: Development companies need to consider the actual difficulties of resettlement households

Attorney Zhang Xuesong, the law firm of Jiangsu Law Firm, believes: Who should pay for the area of ​​new houses and depends on the specific nature of the house. If it is a commercial housing, of course, it is of course applicable to the management of commercial housing; if it is a resettlement guarantee house, then this is different from the commercial housing, and it is not possible to apply the management measures for the sales of commercial housing. Because the house development enterprise signs a replacement agreement with the owner, when the house purchase agreement, the housing purchase agreement has an agreement on the area confirmed that the two parties should be confirmed, and the agreement should be performed in accordance with the agreement.

"Of course, the actual difficulties of demolition owners should also take into account how to ensure that the owner can live in a comfortable new house after the demolition? For example, some of the family's financial difficulties in the households cannot come up with this money. After all, tens of thousands of yuan is not a small number. What should I do? Could it be that the demolition households have been renting a house outside? "Zhang Xuelong said that these issues are related to people's livelihood and it is worth studying solutions to the relevant departments. Yangtze Evening News/Zi Niu News Profile Reporter Wang Sai Sai Reporter Gao Feng

Edit: Qin Xiaoyi

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