Is there a legal requirement for pool area?

Is there a legal requirement for pool area?

Is there a provision for the pool area method? As we all know, when buying a house, you need to buy the pool area of the house. Many buyers are buying houses for the first time and don't know much about many technical terms. For example, they often hear about pool area. Let's see if there are any provisions in the pool area law.

Does the law stipulate the pool area? 1 There is no provision for pool area in the Civil Code. The pool area is calculated according to the horizontal projection area, which refers to the property owner of the whole building and the construction area of all public parts of the whole building. Pool area = pool coefficient * interior area; Allocation coefficient = public * * * usable area of the whole building/internal area of the whole building.

Legal basis:

Article 8 of the Rules for Calculation of Commercial Housing Sales Area and Allocation of Public Building Area stipulates that the public building area consists of the following two parts:

1. The construction area of public and management buildings that serve the whole building in terms of elevator shaft, stairwell, garbage chute, power distribution room, equipment room, public hall and aisle, basement and guard room on duty;

2. Half of the horizontal projection area of the partition wall between the suite (unit) and the public building space and the external wall (including gables).

What is the average pool area of a house?

Generally speaking, the pool area of a house is 25%. In fact, the pool area is different according to different houses, for example, the pool area between elevator and stairwell is very different.

The pool area of the elevator room is definitely more than that of the stairwell, and the larger the pool area, the more unfavorable it is to the owner.

1, shared area of residential buildings below 7 floors

The house below 7 floors here actually refers to the staircase room.

The shared area of the staircase room is 7%- 12%, in which the heat exchange station, water pump room and power distribution station all belong to the shared area of the staircase room.

2. 7- 1 1 shared residential area of the building

The 7- 1 1 storey house belongs to a small high-rise building, and the pool area is 10-20%.

The pool area of different small high-rise buildings is also different. If there are no shops on the ground floor, the shared area of small high-rise buildings on the overhead floor is 10- 15%.

If it is a small high-rise building with elevator, the pool area is between 15-20%.

3,12-33rd floor residential pool area

1-33 is a high-rise building. Generally speaking, the allocation area of high-rise buildings is the largest, which is between 14-24%.

The shared area of high-rise buildings includes elevator shaft, safe passage, pipeline shaft, strong and weak current shaft, and also includes the shared area of all ground-floor houses.

Does the law stipulate the pool area? Article 272 of the Civil Law: The owner's rights and obligations to the exclusive part. Owners have the right to possess, use, profit from and dispose of the exclusive parts of their buildings. The owner's exercise of rights shall not endanger the safety of the building or damage the legitimate rights and interests of other owners.

Article 273 The owner shall enjoy the rights and undertake the obligations for the part other than the exclusive part of the building; You may not fail to perform your obligations on the grounds of giving up your rights.

When the owner transfers the residential and business premises in the building, part of its * * * ownership and * * * management rights are transferred together.

Article 274 of the Civil Law, rights such as roads and green spaces. Roads belonging to the owners within the building division, except those belonging to urban roads. The green space within the building division belongs to the owner, except for urban public green space or express personal green space. Other public places, public facilities and property services within the building division are owned by the owner.

Article 275 The ownership of the parking spaces and garages planned for parking cars within a building division shall be agreed upon by the parties concerned through sale, gift or lease.

Parking spaces that occupy roads or other venues owned by the owner for parking cars shall be owned by the owner.

Does the law stipulate the pool area? 1. What is the national standard for shared housing area?

1, multi-storey residence, the state clearly stipulates that the allocation rate of houses below 7 floors is 7%- 12%. The number of floors of a multi-storey building refers to a building with a mixed self-closing structure of about 6 floors, while the area of other common parts also includes half of the stairs and stairwells projected horizontally by the external wall and the service rooms (hot water exchange station, water pump room, power distribution room, etc.). ) to every household. Generally speaking, these will account for 13%- 18% of our building area.

Indoor floor height is divided into indoor clear height (the distance from floor to ceiling) and indoor floor height (the distance from floor to the next floor). Generally speaking, the floor height is about 2.8 meters, and the indoor clear height of our building is between 2.65 meters and 2.7 meters. If the indoor clear height of our building exceeds 4.7 meters, we should calculate our indoor area according to two floors.

The housing allocation rate of the 7th floor-1 1 building is 10%- 16%. In general, the sharing rate of small high-rise buildings depends on the situation of each building. Because the pools of different small high-rise buildings are different. If there is no computer room underground and there are no shops and overhead buildings on the ground floor, the allocation coefficient of small and high-rise buildings is between 10%- 15%. For small high-rise households with elevators, the sharing coefficient is between 15%-20%.

According to national regulations, elevators must be installed on floors above 7 floors. Therefore, the small and high floors are all within the scope of preparing elevators. The characteristic of this building is convenience, and it can also add a new height to our life.

2. For high-rise residential buildings, the sharing rate of 12-33 floors 14%-24%. Why is the pool area of high-rise residential buildings the largest? Because, depending on the scale of the building, high-rise buildings are generally between 25 and 33 floors. Moreover, the stairs of high-rise residential buildings are the highest.

Moreover, in high-rise buildings, in addition to the space occupied by elevators and elevator forerooms, the stairs of safe passages also occupy a lot of space, as well as "pipeline wells", "strong electric wells" and "weak electric wells", and many public facilities also occupy a lot of space. Therefore, for high-rise buildings, the higher the floor, the larger the pool area.

3. Villa residence, according to national regulations, the pool rate of villa residence is 1%-8%. Villa-style houses include underground floors, and they are single-family houses with up to three floors, including indoor garages. Generally speaking, independent villas have no pool area.

The pool area of conjoined villas is less. The principle of sharing the public area of single-family villas is that there is a building structure connected with the building in one's own building, which only provides non-profit services to the residents of the building. These buildings do not meet this requirement, and the pool area cannot be calculated.

Second, how is the shared area calculated?

The calculation method of sharing the public building area among households, and the interior area of each household is shared in proportion.

Step 1: Calculate the allocation coefficient, where the allocation coefficient = the sum of the public areas to be allocated/the sum of the interior construction area of each suite = (the sum of the total construction area-the sum of the interior construction area of each suite)/the sum of the interior construction area of each household;

Step 2: Shared sharing area of each suite = sharing coefficient × interior construction area of each suite.

What is the pool area of the house?

1. The area of the covered hanging garden is calculated as half of its horizontal projection area.

1. The "flower terrace" and "flower pond" outside the fence are not counted, and the "flower terrace" and "flower pond" connected to the balcony are calculated with reference to the nature of the balcony.

2 roads and planned roads belong to public roads, and the colonnade on the first floor of houses along public roads is not counted. Residential roads in residential areas are internal roads, not public roads. The colonnade on the first floor of the house in the residential area should calculate the construction area.

3, * * * * has been * * * in the calculation of the shared area, it is clear that the Municipal Bureau of Surveying and Mapping is based on the construction report of the Municipal Planning Bureau and the attached drawings of the construction project planning acceptance certificate. Planning Bureau has a fixed title to the qualitative names of public areas and functions in the construction acceptance materials.

4. The area between air water tanks shall be calculated according to the area calculation regulations.

5. The construction area of the flue and smoke well on the house shall be calculated according to the natural floor of the building.

6. When calculating the planned land area of the arc, the three parties agreed that the Planning Bureau should provide the coordinates of the pile point (inflection point) and the arc radius on the arc in the land coordinate list, and calculate the land area according to the arc radius.

7, next to the building, the basement is more than 2 meters high, and the construction area is calculated according to regulations; Independent outdoor basement exhaust shaft does not calculate the construction area.

8. Outdoor stairs with a roof (supported by single column or double column) are calculated according to the horizontal projection area of each floor, and outdoor stairs without a roof are calculated according to half of their horizontal projection area.

9. The construction area of waterway tube wells and smoke extraction wells in Taichung is calculated according to the natural floors of the building, and the construction area is not calculated separately for the placement of air conditioners.

10. The "flower terrace" and "flower pond" outside the fence are not counted, and the "flower terrace" and "flower pond" connected with the balcony are calculated with reference to the nature of the balcony.

Three, how to solve the housing pool area dispute

Three tips: first, consult the developer directly, or report to the surveying and mapping department or the real estate administrative department, and ask the surveying and mapping unit to re-measure. If the above two methods can't be solved, the court can finally appoint a surveying and mapping unit to re-measure through court proceedings.

Among the three ways of safeguarding rights, the first way is more direct and effective, but it often requires many owners to unite and ask developers to give a clear explanation. If necessary, disputes can be resolved through media supervision. However, many unscrupulous developers will play hide-and-seek and take the strategy of avoiding but not deciding, which is time-consuming and laborious.

According to experts, the measurement of pool area is based on "building", and all areas outside the internal area of the building are within the pool calculation range. If the owner applies, it means that the whole building needs to be re-measured. According to the current surveying and mapping expenses of pure residence 1 yuan square meter and commercial and residential 1.7 yuan square meter, the burden of the owner is at least several thousand yuan or even ten thousand yuan.

In contrast, it is really helpless to solve the problem through legal channels, which not only consumes a lot of time and manpower, but also the expenditure of various expenses is inevitable, which can be said to be the highest cost among the three ways of safeguarding rights.