Industry insiders said that the payment of special residential 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 have accelerated in the Beijing market, and transactions have been extremely hot. In the face of the heating up of the market, some hidden problems behind commercial housing are also emerging. Recently, a dispute occurred between the owner and the developer of a commercial and residential project in Daxing District during the handover. The core of the dispute is whether commercial and residential projects should pay into a special fund for residential maintenance.

As commercial and residential projects have become an important choice for people in urgent need of home ownership in transitional areas, it is even more important to be prepared before buying a home.

Doubts: Do I need to pay the "Special Housing Maintenance Fund" when buying a commercial house?

Not long ago, at the house resumption site of a commercial and residential project in Daxing District, some owners were unable to obtain house keys from the property management office because they were unwilling to sign the "Residential Special Maintenance Fund Commitment Letter."

"What we bought is a 50-year commercial and residential project, not a residence with 70-year property rights. Why do we need to pay a special residential maintenance fund? At first, some owners saw that the commitment letter said 'residential' The project owner said it was a mistake and the word "residential" could be erased.

The reporter learned that in the "Letter of Commitment" provided by the project party, the owner was required to pay a special maintenance fund of 200 yuan/square meter before January 2017.

For products such as commercial housing, because the land is non-residential, it is generally not mandatory to design supporting facilities. There are certain restrictions in terms of loan period, tax incentives, water and electricity fees, settlement, etc. So, in the face of the special residential maintenance fund, do all commercial and residential projects on the market need to pay?

Non-residential properties within the policy residential property management area are required to pay

Different from the situation of the above-mentioned owners, Ms. Sun bought a commercial housing in Taihu 3 years ago. She said No special residential maintenance fund was paid when the house was handed over. At the same time, none of the commercial and residential projects that have been closed down by the developer of this project have collected special residential maintenance funds.

Why do some buyers of commercial houses need to pay the special residential maintenance fund, while others do not?

To this end, the reporter checked the "Beijing Municipal Residential Special Maintenance Fund Management Measures" issued in 2009 and found that Article 6 of Chapter 2 clearly stipulates that non-residential properties within the residential property management area, or Non-residential buildings connected to single-building residential structures outside the residential property management area need to deposit special residential maintenance funds in accordance with this management method.

At the same time, the management measures stipulate that owners of commercial residential buildings and non-residential owners must deposit special residential maintenance funds according to the building area of ??the property they own. The deposit standards for the first phase of special residential maintenance funds are: independent The fee for multi-storey residential and non-residential buildings is 50 yuan/square meter; the fee for multi-storey residential and non-residential buildings is 100 yuan/square meter; the charge for high-rise residential and non-residential buildings is 200 yuan/square meter.

The project construction plan that the reporter checked on the official website of the Beijing Municipal Housing and Urban-Rural Development Commission shows that the above-mentioned office and commercial building in Daxing District is a property service area with residential buildings and commercial buildings.

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

In this regard, staff from the Property Service Guidance Center of the Beijing Municipal Housing and Urban-Rural Development Commission said that according to regulations, 70-year residential properties must be paid, but commercial housing projects with 50-year commercial projects need to be planned according to the specific plot of land where the project is located. Define whether special maintenance funds need to be paid. If it meets the description in the regulations, you need to pay the maintenance fund. She did not give a clear answer about the status of the project.

Reminder to do your homework before purchasing commercial and residential properties

During the interview, the reporter found that the commercial and residential products of Lincoln Park, Guofeng Meitang and other projects have been questioned by owners as to whether they should be purchased. Deposit a special residential maintenance fund. Owners are also very concerned about deposit standards, the whereabouts and use of money.

Industry insiders said that the payment of special residential maintenance funds for commercial and residential dual-use projects is actually in a gray area. There are no clear regulations indicating that commercial and residential buildings do not need to deposit special maintenance funds. Some developers require owners to pay and use it for later maintenance of the building.

Since this year, the commercial and residential apartment market has been much more popular than other residential products. According to Yahao agency statistics, from January to October 2015, the total transaction value of commercial and residential apartments in Beijing was 29.017 billion yuan, a 94% increase compared to the same period last year, nearly doubling. However, the year-on-year increase in residential transaction value during the same period was 34%.

With the changes in Beijing’s land supply structure, commercial and residential buildings will become one of the mainstream supplies in the market in the future. In this case, there will also be an increase in the number of home buyers choosing commercial and residential buildings as a transitional option. These home buyers must do their homework when choosing commercial and residential projects.

“Commercial and residential buildings have special properties, but since most of them are also used for living, they also need to provide the same maintenance and repair work as residential buildings. However, how and how much public maintenance funds are paid? There should be clear provisions in the house purchase contract, and buyers should pay more attention when signing the contract to avoid unnecessary disputes when handing over the house later, said Qiu Baochang, a lawyer from the China Consumers Association.