The developer's "gift area" and the public "gift area" are not guaranteed.

According to the Code for Calculation of Building Area of Building Engineering (hereinafter referred to as the Code) implemented from July 20 14, large-scale gift of area is no longer allowed. However, the reporter recently visited and found that many new projects launched by real estate projects still have the phenomenon of large-scale gifts. According to industry insiders, these projects are legal if they passed the planning approval before June last year 1, otherwise they are illegal. Buying such a house has legal risks. Consumers should pay attention to whether the apartment has passed the examination and approval before buying a house.

survey

Developers "send area" emerge one after another.

Reporters recently found that although it was illegal to give people away in large areas since last year, this phenomenon still exists in many properties. For example, a high-end residential market in Baiyun District recently launched a large apartment of 180 square meters. In addition to the first floor, a mezzanine and a 5-meter-high underground space were built. And the whole underground space, including the expanded courtyard area, is given away. Another villa product in Zengcheng also gave away a 4.2-meter-high underground space. However, according to the regulations, the underground space with a clear height of more than 2. 1 m must be counted as the whole area.

In addition to giving away underground space, many types of products such as "Baibian Apartment" and "N+ 1 Apartment" are also emerging one after another, which has policy risks. For example, Futong Yayuan in Zhuji Street, zhu cun, Tianhe, once faced the problem of tearing down the wall because of the N+ 1 apartment type. According to industry insiders, this situation is mainly caused by the lack of professionalism of developers. It is understood that, generally speaking, many N+ 1 units are not closed when the planning acceptance is unqualified, and they are completely done according to the drawings submitted for approval. After the planning acceptance is passed, the balcony exterior wall will be closed and glass will be installed according to the owner's needs before the building is handed over. In this way, when delivered to the owner, the original balcony becomes a bedroom. Futong Yayuan closed the balcony under the nose of the Planning Bureau before applying for planning acceptance, which was inevitably characterized as illegal construction.

policy

Pay attention to whether the apartment has passed the examination and approval.

According to the reporter's understanding, since the new version of "Code for Calculation of Building Area of Building Engineering" was officially implemented in July last year, the area of buying a house cannot be distributed casually. According to industry insiders, many of the existing gift area behaviors in the market passed the planning approval before June last year 1. After this time, all project planning must be carried out in accordance with the norms, and it is impossible to beat the ball. But property buyers should also pay attention to whether this type of apartment has passed the examination and approval. If not, it is the illegal behavior of the developer and can be reported to the relevant departments.

Inner balcony: the balcony in the main structure should be calculated according to the horizontal area around the structure; For the balcony outside the main structure, the area of 1/2 should be calculated according to the horizontal projection area of the structural layer.

Large bay window: bay window (bay window) with the height difference between the window sill and the indoor building floor below 0.45m and the structural clear height above 2. 1m, the area of 1/2 shall be calculated according to the horizontal area of the outer periphery of the enclosure structure.

Basement: the area of the light-harvesting well with a top cover is calculated as one floor, and the net height of the structure above 2. 1 m is calculated as the total area; If the clear height of the structure is less than 2. 1m, it shall be calculated as 1/2 area. In other words, "buying the first floor and sending it to the basement" is illegal.

remind

Public * * * "Gift Area" is not guaranteed.

According to industry insiders, the donated area does not belong to the registered area of property rights, so the property management company will not charge the corresponding property management fee. The relevant person in charge of Hesheng also told reporters that the property management fee charged by the real estate in Guangzhou is based on the area on the real estate license.

However, Fiona Fang real estate market analyst Deng Haozhi said that under normal circumstances, as long as the new standard is approved before it comes out, the fact that the area is "sent" will be established, and there will not be too many problems in the future. Pay attention to the donation area of public areas, that is, public areas located outside indoor areas, such as corridors and public relations terraces. If the management wants to recycle these used areas, the owners will not be guaranteed.

In addition, lawyers said that on the one hand, the gift area of buying a house may be suspected of evading state taxes and fees, on the other hand, it may violate the plan and affect the appearance and even the internal structure of the building. Strictly speaking, the increase in area may lead to new illegal buildings. Therefore, the area obtained by "stealing area" is illegal, not recognized by law, not included in the registered area of property right certificate, not used for investment or mortgage, and not compensated when demolition. In case of disputes, not only the rights and interests are not guaranteed, but the government may also be investigated for legal responsibility for illegal construction. As for whether the owner can sue the developer, professional lawyers said that if the owner can't find the evidence of the developer's false propaganda, then the developer will not be involved in fraud, and there will be no legal basis for compensation and rights protection.

Citizen mentality

I don't know the risks, and I prefer "stealing area" products.

Many citizens told reporters that they like developers' "stealing area" properties, such as sunshine study and home garden. Many of these products only need to calculate the price of half the area, and the other half is a gift. They are not worried about what will happen to this type. In the process of stepping on the plate, the reporter also found that many housekeepers are very fond of N+ 1 apartment, home garden and other large-scale products that can be given away in large quantities.

Mr. Chen, who bought a property in Jinshazhou earlier, told reporters that he bought an 89-square-meter N+ 1 apartment at that time, which could achieve four rooms. The developer just separated a small room with the so-called sunshine balcony and lived for more than two years. This suite already has a real estate license, and I never worry about any problems.

Miss Chen, a citizen, told the reporter that although she knew that the gift space commonly used by developers in the new Code for Calculation of Building Area of Building Engineering no longer appeared in the form of full gift, many developers still knew how to steal the area. "Many big housing companies have grabbed the product area very well."

interconnection

Several forms of housing gift area

Balcony: Giving away balcony area should be the most common form of giving away area. However, according to the national standard "Code for Real Estate Survey", the fully enclosed balcony is calculated according to the whole area, and the semi-enclosed balcony is calculated according to the half area. The balconies of most units are semi-enclosed, only half the area, and there is no real "gift".

Porch Garden: The porch garden between the porch door and the living room door, which plays a transitional role in the connection between the porch door and the living room. Generally, it is only half of the garden area when it is sold, and some even give it away completely. The larger the garden area, the larger the area presented.

Large terrace: Some units will design a large terrace on the first or second floor. Many developers will give the whole terrace to the owner of this apartment. But in fact, if the terrace is in the public area of the building, it belongs to all the owners and cannot be enjoyed by one household.

Inner courtyard: The inner courtyard, also known as the indoor courtyard, generally appears in villas or apartments on the first floor of villas. There are many property disputes caused by the inner courtyard. The main contradiction is that the inner courtyard itself belongs to the public area and is not included in the owner's property certificate. Although this kind of inner courtyard apartment is on the first floor, the unit price is often higher.

Underground space: the basement of high-rise, small high-rise and multi-storey buildings is generally a garage, and the property right is calculated separately from the residence, which is used by the owners who purchase the property right of the residence.

Large space (attic): Many penthouses will be specially designed as attics. Most developers will choose to give the attic directly, not counting the area. However, different floors determine whether the attic is included in the sales floor area.

(The above answers were published on 20 15-07-24. Please refer to the actual situation for the current purchase policy. )

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