Which department to look for if the pool area is unreasonable

Legal analysis: If the purchaser finds that the pool area of the house is larger than the real area, he can negotiate with the developer to solve it. If negotiation fails, he can complain to the housing management department.

(a) the relevant provisions of the pool area

The so-called "pool" is to share the public building area serving the owners of the whole building to each household in proportion. The sum of pool area and interior construction area constitutes the construction area of commercial housing. Because the pool area belongs to the hidden area, only qualified and standardized surveying and mapping units can tell the specific share part, and many non-standardized units often only tell the owners a rough figure, so it is likely to be a confused account, leading to many disputes. Specifically:

1, the absolute value of the area error ratio is within 3% (including 3%), and the settlement shall be made according to the price agreed in the contract. If the buyer requests to terminate the contract, it will not be supported;

2. If the absolute value of the area error ratio exceeds 3%, the buyer's request to terminate the contract and return the paid house price and interest shall be supported;

The buyer agrees to continue to perform the contract. If the actual area of the house is larger than the area agreed in the contract, the buyer shall make up the house price for the part with an area error ratio of less than 3% (including 3%) according to the agreed price, and the seller shall bear the house price for the part with an area error ratio of more than 3%, and the ownership shall belong to the buyer.

(B) the solution to increase the pool area

If the owner finds that the pool area of the house is getting bigger when he repossesses the building, but the developer asks the owner to pay the bill, the owner can make different solutions according to the pricing method agreed by both parties in the sales contract:

1. When buying a house, the area shall be confirmed and the area difference shall be handled based on the construction area (including the interior construction area and the pool area). If there is an agreement on the area error in the sales contract, it shall be handled according to the agreement;

2. If there is no agreement or unclear agreement in the contract, it shall be handled according to the following principles:

(1) Coordinate directly with the developer.

(2) report to the surveying and mapping department or the real estate administrative department, or ask the surveying and mapping unit to re-measure.

(3) If the above two methods cannot be solved, it can also be re-measured by a surveying and mapping unit designated by the court through court proceedings.

Legal basis: Civil Code of People's Republic of China (PRC).

Article 272 The owner has the right to possess, use, profit from and dispose of the exclusive part of his building. 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 Roads within a building division belong to the owner, 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 planned parking spaces and garages within a building division shall be agreed upon by the parties 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.