You must know when buying a house: Do you have to pay the property fee for the gift area?

The last issue of the shopping guide talked about the definition and types of the gift area, but it has not been fully explained to you. Later, many friends asked, what are the risks if you really want to buy a house with gifts? Is there a property fee for the donated area?

Today's house guide focuses on answering these questions.

Q 1: Does the donated part have property rights?

According to the national standard "Code for Property Survey", most "donated" areas only have the right to use, but have no property rights, such as terraces, gardens and basements that are not used independently. Some even belong to the owners, and developers can't actually agree to belong to a certain owner.

In addition, because the gift area does not belong to the real estate area, if the gift area shrinks, is demolished, sold, inherited and mortgaged, the rights and interests of buyers will not be guaranteed.

For property buyers, only the registered area written in black and white on the property right certificate is legal, and only the area that is really written on the property right certificate and discounted when the actual payment is made is what the developer is willing to give you.

Q2: Is there a property fee in the donated area?

Property charges are based on the registered area of the house. Before the registration of property rights, the property company can calculate the construction area recorded in the house sales contract.

Combined with their own actual situation, whether the area donated by developers needs to charge property management fees mainly depends on whether the housing register is registered.

If the donated area does not belong to the registered area of the housing register, the property service company shall not charge the corresponding property service fee. If there is no property right registration, the property management company should generally calculate the property service fee temporarily according to the construction area recorded in the house sales contract.

After housing registration, it should be settled according to the facts, and the area registered in the housing register should be refunded more and replenished less.

In other words, under normal circumstances, property fees, heating fees, etc. According to the area indicated in the real estate license. If the gift area is not included in the real estate license, then there is no need to pay property fees, heating fees and so on. In this way, it will be more reliable to collect the gift area of property fees.

Question 3: What are the risks of abandoning the area?

If the gift area can be written into the contract and finally reflected in the real estate license, it is no different from the normal purchase, and there is no risk. However, there are many risks because most of the donated area is not written into the purchase contract.

Risk 1: Giving away public areas is illegal.

Some donated areas belong to public areas, such as courtyards and roof gardens. This part of the area belongs to the owner of the community, and the developer has no right to give it away. The gift itself is illegal.

Risk 2: Legal support cannot be obtained under unexpected circumstances.

In the future, the major security risks and accidents in the "gift area" will not be supported by law, and even if the "gift area" is written into the additional terms of the contract, it will not have legal effect. Therefore, once there is any accident or property right dispute in the "gift area", there is no legal support, and all responsibilities are borne by the parties themselves.

Risk 3: Not recognized when transferring again.

The donated area of this kind of real estate is not included or recognized in the real estate license, so in the future, when the property buyers encounter investment, mortgage, transfer, inheritance and demolition, the law will not recognize the donated area, but only the area registered in the real estate license.

Finally, I'll give you some notes on choosing a house with a "gift":

I have to say that buying a house with a "gift area" is still very tempting for property buyers. For example, larger area, or more comfortable.

But you should also see the hidden dangers that may exist in the gift area.

Therefore, in the face of the "gift area", we must keep in mind the following four principles:

The first is the contract.

Before signing the purchase contract, the gift area clause must be written into the formal purchase contract;

The second is where the gift area comes from.

Find out the real situation of the gift area and prevent the pool area, public green space and balcony from being used as the gift area;

The third is the real estate license.

When inspecting and transferring the house, ensure that the donated area can be used to handle the real estate license and enjoy the same treatment as the main body of the house;

The fourth is practicality.

Pay attention to the practicality of the gift area. Some units are not easy to give away, the area is locally humid and the lighting is poor. It is not easy to transform when decorating, and the actual utilization rate is also low in the future.

(The above answers were published on 2016-12-14. Please refer to the actual situation for the current purchase policy. )

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