Three years ago, the first house was "traded according to the use area of the house"
This "residential project specification" that has aroused public concern is the third time to solicit opinions from the public. According to the schedule, the deadline for this feedback is March 28th, 2022.
According to Xinhua News Agency, entrusted by the Ministry of Housing and Urban-Rural Development, China Building Research Institute Co., Ltd. took the lead in drafting the Code for Residential Engineering on the basis of the current residential building code 20 16. China Institute of Building Research Co., Ltd. organized 14 domestic architectural design, construction, scientific research, universities and other units to form a drafting group. After more than two years of investigation and compilation, the Residential Project Specification (Draft for Comment) has been completed. On February 2019 18, 38 engineering construction specifications, including this specification, were publicly solicited for social opinions.
After the release of "Code for Residential Engineering (Draft for Comment)", Article 2.4.6 "Residential buildings should be traded with interior construction area" has aroused widespread concern.
This is also the first time that the Ministry of Housing and Urban-Rural Development has clearly stated in official documents that houses should be traded with the interior area.
In the drafting instructions attached at the end of this draft for comments, it is mentioned that "houses should be traded according to the usable area of the suite" is the focus of residents' attention and is related to the vital interests of every residential user. At present, residential transactions in China are mainly based on the construction area, which will lead to the problem that the same project has the same construction area but different internal use area, thus aggravating the contradiction of "pool area hurts people".
2065438+On February 24, 2009, Xinhua News Agency published an article entitled "Authoritative experts respond to the transaction of residential buildings with interior construction area". The article quoted the relevant person in charge of China Institute of Building Research Co., Ltd. as saying that "the house should be traded with the interior construction area". In the process of drafting the Code, the international and domestic residential area calculation practices were investigated, and it is an international common practice to calculate according to the interior construction area.
Experts explained that the unified calculation of residential transaction area according to the use area of suites in the draft for comments mainly solved two problems: First, it solved the problem of different family use areas but the same use area of suites. Due to the great regional differences in China, many types of residential structures and other factors, the thickness of residential walls is different, resulting in the same construction area, but the actual use area in the suite is different. The second is to solve the problem of opaque household use area. According to the use area of the suite, it is convenient for residents to calculate by themselves and realize "what you see is what you get".
There are no relevant clauses in the new specification.
It is written in the latest version of "Code for Residential Engineering" that in order to adapt to international technical regulations and standards, the Ministry of Housing and Urban-Rural Development has successively issued documents such as "Opinions on Deepening the Standardization Reform of Engineering Construction" since 20 16, proposing the long-term goal of the government to formulate mandatory standards and social organizations to formulate voluntary standards. The reform task of gradually replacing scattered mandatory provisions in the current standards with full-text mandatory engineering construction specifications is clarified, and a "technical regulation" system composed of technical provisions in laws, administrative regulations and departmental rules and full-text mandatory engineering construction specifications is gradually formed. The purpose of formulating the Residential Engineering Code is to promote the high-quality development of residential construction and ensure the basic housing conditions and living environment of residents.
However, the statement that "houses should be traded according to the interior construction area" only appeared in the first "Residential Engineering Code" for public comments.
On September, 2065 438+09 10, the general office of the Ministry of Housing and Urban-Rural Development sent a letter for the second time, soliciting opinions on the full text of the mandatory engineering construction specifications in the field of housing and urban-rural construction, such as the Residential Engineering Code.
The newspaper flipped through the second draft of "Residential Engineering Code" and found no words that "residential buildings should be traded with interior construction area".
The newspaper noted that in the draft of "Specification for Residential Projects" published on March 15, 2022, there was no mention that "houses should be traded with the usable area inside".
In the first draft for comments, Chapter 2.4 "Use and Maintenance" contains six articles in total, while Chapter 2.3 "Use and Maintenance" in the latest version is listed as nine articles, which involves the normative issues in the use of residential buildings. Among them, in view of the current hot issues such as the installation of elevators in residential buildings, the clause that "the installation of elevators in existing residential buildings should be allowed to appropriately reduce the sunshine standard of adjacent residential buildings under the condition of full consultation in accordance with relevant regulations" has been added, but there is no relevant clause on indoor area transaction.
"Cancel the pool area" once again attracted attention at the National People's Congress.
It is worth mentioning that during the two sessions this year, Hong Yang, a member of the Chinese People's Political Consultative Conference, mentioned that it is a common phenomenon in China to add pool area to the sales of commercial housing. However, the pool area and pool area are all confused, and developers can only "talk nonsense", and owners have no right to defend.
Generally speaking, the shared construction area refers to the construction area of the public parts of the whole building, which is shared by the property owners of the whole building, and mainly includes: elevator shaft, pipeline shaft, stairwell, garbage chute, power distribution room, equipment room, public hall, aisle, guard room on duty, etc. , and the area of public service rooms and management rooms of the whole building.
However, Hong Yang mentioned that no professional organization has ever measured the pool area of each household under the supervision of the owner or a third-party professional organization, and no owner has measured the pool area of his own house. The pool area is intangible, but the people bear a high cost for it. There is no uniform standard for the division of pool area. Which areas belong to the pool area and which are not, and are there any repeated charges? It can only be decided by the developer.
In Hongyang's view, the pool area has also spawned a series of unreasonable charges, such as property fees and heating fees, all of which are charged according to the pool area. During the life of the house, the accumulation of decades is another huge grievance expenditure.
To this end, Hongyang suggested that the state cancel the pool area and include the actual pool area cost in the practical area. Let the people understand that they should be assured of paying money and buying a house. At the same time, they will also solve many contradictions and disputes between owners and developers and promote social harmony.
At the same time, the comments published in the semi-monthly talk pointed out that it is necessary to explore the use of interior area instead of construction area for pricing and squeeze out the "moisture" of the pool area. From a macro point of view, this can make the real estate market statistics more scientific, more truly reflect the living conditions of the people at this stage, more keenly reveal the changes in market conditions, create more favorable conditions for real estate tax collection, and provide more valuable data reference for the government to introduce real estate market regulation measures.
The above-mentioned article holds that canceling the pool area means, in particular, putting an end to its related problems and loopholes, avoiding a large number of contradictions and disputes from the source, and ensuring more fair and transparent market transactions. Of course, it is unrealistic to try to cancel the pool area overnight. After all, the whole process of real estate transaction and holding is a huge system, which needs a transformation process and involves many vested interests. Therefore, it is necessary to overcome many obstacles, step by step, and gradually promote the housing sales model based on the interior area. In the transitional stage, relevant departments can make efforts to clarify the scope and standard of pool area, realize source management, strengthen supervision in the whole process, and plug loopholes in time.