How to calculate the shop area error
In the process of buying, selling or leasing a shop, area error is a common problem. Whether it is the difference between the pre-sale area provided by the developer and the actual delivered area, or the discrepancy between the area agreed in the lease contract and the actual used area, disputes may arise. This article will analyze in detail the calculation method of shop area error, relevant legal regulations and response strategies to help you better protect your own rights and interests.
1. Definition and common causes of shop area errors
The shop area error refers to the difference between the area agreed in the contract and the actual measured area. Common reasons include:
| Reason type | Specific instructions |
|---|---|
| Measurement standards are inconsistent | Developers may use building area (including shared areas), while home buyers focus on the area within the apartment. |
| construction error | There are deviations between actual construction and design drawings |
| Deliberately false report | Some unscrupulous developers falsely report the area in order to raise the total price. |
| Change of pool | Later adjustments to the public sharing plan resulted in changes in the area of each household |
2. Legal provisions on area error
According to Article 20 of the "Measures for the Administration of Commercial Housing Sales":
| error ratio | Processing method |
|---|---|
| ≤3% | Settlement based on actual facts, refund more and compensate less. |
| >3% | The buyer has the right to check out; if he does not check out, the excess 3% will be borne by the developer. |
It should be noted that commercial real estate-related regulations are usually applicable to the sale of shops, and some local regulations may have special provisions.
3. Specific calculation method of area error
1. Error rate calculation formula:
Error rate = (actual measured area - contracted area) ÷ contracted area × 100%
2. Example of calculation of refund:
| situation | Contract area (㎡) | Actual measured area(㎡) | Unit price (yuan/㎡) | Error handling | Amount calculation |
|---|---|---|---|---|---|
| Positive error≤3% | 100 | 102 | 20,000 | Pay additional payment for 2㎡ | 2×20,000=40,000 yuan |
| Positive error＞3% | 100 | 105 | 20,000 | To pay 3㎡ additionally, the developer shall bear 2㎡ | 3×20,000=60,000 yuan (of which the developer should refund 40,000 yuan) |
| Negative error≤3% | 100 | 98 | 20,000 | Refund the price of 2㎡ | 2×20,000=40,000 yuan |
| Negative error＞3% | 100 | 95 | 20,000 | Refund the price of 3㎡ and double the refund of 2㎡ | 3×20,000+2×20,000=100,000 yuan |
4. Practical suggestions for dealing with area errors
1.Before signing: Clearly agree on the terms for handling area differences, and indicate the pricing method (based on apartment or building area)
2.When closing the house: Require developers to issue an "Area Measurement Report" to check the qualifications of the measurement agency
3.dispute resolution: A third-party measurement agency can be entrusted to re-test and retain relevant evidence materials.
4.Legal rights protection: For malicious fraud, you can claim compensation no more than twice the paid purchase price.
5. Precautions for special circumstances
1.Controversy over shared area: The public sharing coefficient of a shop is usually 30%-50%. Special attention should be paid to the rationality of the public sharing area.
2.Rental shop: The rent may be calculated based on the building area but the actual usable area is smaller. It is recommended to agree on a "occupancy rate" guarantee clause.
3.Issues left over from history: The property area of old shops before the 1990s may be seriously inconsistent with the actual situation.
4.Overseas shops: Different countries have different measurement standards. For example, Hong Kong uses square feet and includes ancillary areas such as balconies.
Conclusion:
The issue of shop area error involves significant economic interests. It is recommended to consult a professional lawyer before the transaction, and if necessary, hire a surveying and mapping agency to conduct independent measurements. Keep all written materials, and pay special attention to the supplementary agreement terms in the format contract provided by the developer. Through early prevention and legal rights protection, the risk of area disputes can be effectively avoided.
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