There is a lot of pool area when handing over the house. Do I need to make up the difference?

Generally speaking, the area error when handing over a house needs to be paid, but the developer cannot force the owner to pay the area error fee. When signing a pre-sale contract to buy an auction house, the predicted area of the house is often recorded in the contract. Property buyers can make a written agreement with the developer that if the measured area is not much different from the predicted area (generally, plus or minus 1% to 2%) after the house is completed and delivered, both parties will take the way of refunding more and making up less. If there is a big discrepancy (generally more than plus or minus 3%), you can cancel the contract or buy a house.

What are the delivery areas?

1, building area.

Housing construction area refers to the internal construction area and external construction area of a house. The interior construction area includes the indoor usable area and wall area of bedroom, living room, balcony, study room, bathroom, kitchen and basement. The peripheral construction area includes the usable area outside the house such as stairs, walls and glass walls.

2. The pool area of the house.

Housing pool area is also divided into indoor pool area and outdoor pool area. Indoor pool area includes power distribution room, garbage room, elevator, stairwell, elevator room, corridor on this floor, lobby on the first floor, etc. The outdoor pool area includes the usable area outside the unit door, the green area of the community, the guard room at the door of the community, etc.

What should I pay attention to when handing over the house?

1. Pay attention to receiving the check-in notice in time.

Most sales offices will send occupancy notices to the owners before handing over the house. This is the repossession step of 1. Pay attention to the deadline Generally, the time limit agreed by developers is within 30 days after the notice is issued, and the buyers will arrange their own time. After receiving the notice of occupancy, we must first judge whether the developer has delivered the house as scheduled. If the delivery is overdue, it is necessary to make suggestions, decide whether to look at the house according to the developer's reply, and look at the house according to the time agreed in the notice. Remember to bring the purchase contract, occupancy notice, ID card and related expenses.

2. Check the "Three Books, One Certificate and One Form".

It is very important for the owner to check three books, one certificate and one form when repossessing the building. A formal letter will be sent to you in the check-in notice. "Three Books" refers to the residential quality guarantee, residential instruction manual and construction quality certificate, "One Certificate" refers to the comprehensive acceptance certificate for the completion of real estate development and construction projects, and "One Form" refers to the completion acceptance record form. "Completion Acceptance Record Form" is the detailed information of the acceptance record submitted by the real estate to the competent department, and it is the sign document that the developer must be responsible for the real estate. These three documents are the signs that the building has passed the acceptance and been recognized by the relevant state departments, and are the necessary conditions for developers to hand over the building.

3. Go through the house inspection procedures.

Looking at the house is a very important link, especially the area of the house, which must be measured well. One principle must be grasped in the process of housing inspection and housing collection: the normal housing collection procedures are prior housing collection, prior delivery and check-in procedures, but at present, there are not many developers who can let buyers go through the formalities beforehand. The usual practice is to let the owner sign the repossession document first, and then issue a receipt, so that the owner can go to the property management office to get the key.

legal ground

The Supreme People's Court's Interpretation of Several Issues Concerning the Application of Law in the Trial of Disputes over Commercial Housing Sales Contracts

Article 14 The interior construction area or construction area of the house delivered by the seller is inconsistent with the area agreed in the commercial housing sales contract. If there is an agreement in the contract, it shall be handled according to the agreement. If there is no agreement or unclear agreement in the contract, it shall be handled according to the following principles:

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. If the actual area of the house is less than the area agreed in the contract, the part with the area error ratio within 3% (including 3%) and the interest shall be returned by the seller to the buyer, and the part with the area error ratio exceeding 3% shall be returned by the seller to the buyer twice.