In the sale of commercial housing, especially off-plan housing, at different times, developers will provide area measurement results at two different stages: a forecast report at the pre-sale stage and an actual measurement report at the final delivery stage. During the construction process , there will always be more or less deviations, which are inevitable.

As for the error, Article 20 of my country's "Commodity Housing Sales Management Measures" clearly stipulates that 3% is used as the base for agreement:?

(1) The absolute value is less than or equal to 3% ( Including 3%), the settlement will be based on the price agreed in the contract, that is, any excess will be refunded and less will be compensated.

(2) If the absolute value is greater than 3%, the home buyer can request to terminate the contract and claim the return of the paid house price and compensation for interest losses.

(3) The absolute value is greater than 3%, the buyer does not check out, and the actual area of ??the house is greater than the area agreed in the contract, the house price within 3% (including 3%) will be paid by the buyer at the agreed price Top-up; the excess of 3% of the house price will be borne by the developer, that is, the buyer can obtain ownership without paying.

If the actual area of ??the house is less than the area agreed in the contract, and the area error ratio is within minus 3% (including 3%), the part of the house price including interest will be returned to the home buyer by the developer; the part of the house price exceeding minus 3% , double refunded by the developer.

According to Article 20 of the "Measures for the Administration of Sales of Commercial Houses", if the absolute value of the area error ratio is within 3% (inclusive), the house price shall be settled according to the actual situation, and if the house buyer requests to terminate the contract, the court shall Not supported. When the absolute value of the area error ratio exceeds 3%, the buyer has the right to check out. If the buyer does not check out and the property registration area is greater than the area stipulated in the contract, the error area within 3% will be made up by the buyer, and the excess 3% will be borne by the real estate development company. When the registered area of ??property rights is smaller than the area stipulated in the contract, if the error is less than 3%, the developer will refund the money; if the error exceeds 3%, the excess amount will be refunded double.

For example, for a house of 20,000 yuan/square meter ***100 square meters, if the actual house area delivered is 90 square meters and the error area reaches 10 square meters, according to the above regulations, 3% As a result, the developer must not only return 60,000 yuan of house price and interest for 3 square meters to the buyer, but also pay double compensation of 280,000 yuan for 7 square meters of house price exceeding 3%.

(The above answer was published on 2016-11-07, please refer to the actual relevant current home purchase policies)

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