Should commercial housing pay "residential special maintenance funds"?

According to industry insiders, the payment of residential special maintenance funds for commercial and residential dual-use projects is actually in a gray area.

Since the beginning of this year, commercial and residential projects in the Beijing market have accelerated to enter the market, and the transaction is also extremely hot. Faced with the warming of the market, some hidden problems behind commercial housing are also emerging. Recently, a commercial and residential project in Daxing District had a dispute between the owner and the developer when handing over the house. The core of the dispute is whether commercial and residential projects should pay special funds for residential maintenance.

As commercial and residential projects become an important choice for people who just need to buy a house, it is more important to be prepared before buying a house.

If you are in doubt about buying a commercial house, should you pay the "special maintenance fund for housing"?

Not long ago, a commercial and residential project in Daxing District closed its house, because some owners refused to sign the "Commitment Letter of Special Maintenance Fund for Residential Buildings" and could not get the house key from the property management office.

"We bought a 50-year commercial and residential project, not a 70-year house. Why do you have to pay special maintenance funds for houses? At first, some owners saw that the letter of commitment was a special maintenance fund for' residence', so they questioned the project party. The project staff said that this was a mistake and the word "live" could be erased. " An owner of the project said.

The reporter learned that the Commitment Letter provided by this project requires the owner to pay the special maintenance fund of 200 yuan /m2 before 2065438+2007 1.

Commercial housing is a product. Because the land is non-residential, it is generally not mandatory to design supporting facilities, and there are certain restrictions on the loan period, tax incentives, utilities, and settlement. Then, in the face of residential special maintenance funds, do commercial and residential projects on the market need to be paid?

Policy residential property management area of non-residential need to pay.

Unlike the above-mentioned owners, Ms. Sun bought a commercial house in Taihu Lake three years ago. She said that she didn't pay the special maintenance fund when handing over the house. At the same time, the commercial and residential projects that have been closed by the developer of this project have not received special housing maintenance funds.

It is also the buyer's house. Why do some people need to pay special housing maintenance funds, while others don't?

To this end, the reporter consulted the "Measures for the Administration of Special Maintenance Funds for Residential Buildings in Beijing" issued in 2009, and found that Article 6 of Chapter II clearly stipulates that non-residential buildings within the residential property management area, or non-residential buildings connected with single residential structures outside the residential property management area, need to deposit special maintenance funds for residential buildings in accordance with this management method.

At the same time, the management measures stipulate that the owners of commercial housing and non-residential housing should deposit special maintenance funds for housing according to the construction area of the property they own. The deposit standards for the first phase of special maintenance funds for housing are: 50 yuan per square meter for detached houses and non-residential houses; Multi-storey residential and non-residential buildings are 100 yuan/square meter; High-rise residential and non-residential buildings are 200 yuan /m2.

The project construction plan consulted by the reporter in official website of Beijing Municipal Commission of Housing and Urban-Rural Development shows that the office and commercial buildings, residential buildings and commercial buildings in Daxing District are a property service area.

However, the project owner also said that the three commercial and residential buildings of the project are independent and separated from the residential project. In this case, is it necessary to deposit special funds for residential maintenance?

In this regard, the staff of the Property Service Guidance Center of the Beijing Municipal Commission of Housing and Urban-Rural Development said that according to the regulations, 70-year houses must be paid, but commercial houses for 50-year commercial projects need to be specifically defined according to the plot planning where the project is located. If it meets the description in the regulations, it is necessary to pay the maintenance fund. For the project, she did not give a clear answer.

Remind you to do your homework before buying a commercial and residential building.

In the interview, the reporter found that commercial and residential products, including Linkin Park and Guofeng Meitang, had been questioned by the owners whether they should deposit special maintenance funds for houses. Owners are also very concerned about the deposit standard, the whereabouts and use of money.

According to industry insiders, the payment of residential special maintenance funds for commercial and residential dual-use projects is actually in a gray area. There is no clear stipulation that commercial and residential buildings do not need to deposit special maintenance funds. Some developers require owners to pay for the later maintenance of buildings.

Since the beginning of this year, the market popularity of commercial and residential apartments is much higher than other residential products. According to the statistical data of Yahao organization, the total transaction amount of commercial and residential apartments in Beijing was 290.10, which was 94% higher than the same period of last year, almost doubling. However, the residential transaction amount increased by 34% year-on-year.

With the change of land supply structure in Beijing, commercial and residential will become one of the mainstream of future market supply. In this case, the number of buyers who choose commercial and residential buildings as a transition will also increase. These property buyers must do their homework when choosing commercial and residential projects.

"Commercial and residential buildings are special, but because most of them are also used for living, they also need to provide the same maintenance work as residential buildings. However, how to pay and how much to pay the public maintenance fund should be clearly stipulated in the purchase contract. Buyers should pay more attention when signing the contract to avoid unnecessary disputes when handing over the house later. " Qiu, a lawyer of China Consumers Association, said.

(The above answers were published on 2015-11-21. Please refer to the actual situation for the relevant procurement policies at present. )

Sohu Focus provides you with comprehensive information on new houses, second-hand houses, renting houses and home improvement.