Moderator: Dear users, Hello everybody, today we are fortunate enough to have invited a lawyer from Beijing Tongda Law Firm. At the same time, Ms. Li, a specially invited attorney of the Expert Answer column, told us about the legal issues that should be paid attention to when picking up and staying. Ask her to introduce myself. Renovation Q & A Network Li Yi: Good friends, Hello everyone, I am very happy to have such an opportunity to communicate with you online. I hope that through this opportunity today, I will provide you with a convenient communication channel. Thank you all. Moderator: Ms. Li, you have been a specialist in our field for a long time, and you have discovered that the questions raised by users are mainly focused on several aspects. Mr. Li: The first one is the problems encountered in the signing of a commercial housing sales contract, such as the time for handling the property right certificate, and how the contractual liability for the area was agreed and the error occurred in the future. There is also a developer selling the house, whether the five certificates are complete, and whether the sales license is available. In this case, whether or not the contract should be signed should be noted. The third is after the arrival, found that the delivery of commercial housing is inconsistent with the original commitment, including some of the external planning problems, how to negotiate with the developer. There is also a question of how to check out after the developer's breach of contract and minimize the damage. Finally, there are more disputes over property management. Netizen: I subjectively felt that the housing area was short of the shortfall. How do I apply for retesting? How to do specific procedures? The net height of housing is only 2.65 meters. Is the relevant requirement not less than high? Ms. Li: First of all, when the house is delivered, the developer must provide an actual area meter that is out of the Bureau of Surveying and Mapping of the Housing Authority. It must ask the developer to provide that. Look at the area and the area in your sales contract. The difference is relatively large. If there is still doubt, a retesting application can be submitted to the surveying and mapping brigade of the house where they are retested. After that, if there are still questions that cannot be answered, it may be necessary to apply for a reconsideration of the surveying brigade at the next level. With regard to the net height of the house, there is a code for residential buildings, which must not exceed 2.8 and must not be lower than 2.5. Netizen: I recently bought a set of commercial housing on Maliandao. Originally, the contract was agreed to stay on July 30th. However, the developer requested to stay and pay large funds and deed tax. Otherwise, check-in is not possible. I do not have a key now. How to do it? Mr. Li: The usual practice of developers is to first sign the property management convention, pay the property management fee and deed tax, etc., and then give the key. This is actually a reversal of the program. When the purchaser pays the house price in full, The developer must deliver a qualified commercial house according to the date of the contract. After that, it involves the processing of the property right certificate, the payment of the deed tax, and the payment of the public maintenance fund. Therefore, the purchaser can allow the developer to fulfill the delivery obligation if the developer refuses. Owners can file a lawsuit or arbitration with the court or the arbitration commission to safeguard their own legitimate rights and interests. Netizen: If we say that after checking in, we found that vehicles in the community at night, especially heavy trucks, caused excessive noise and exceeded the standard. Is it required to check out? Ms. Li: This reason is not very good, but it can be requested by the owner management committee to the property company, or they can directly make such a request to the property management company, because the property management company has the obligation and responsibility to maintain the tranquillity of the residential environment. . Renovation Q&A Netizen: When you submitted your house, you noticed a change in the color of the facade of the building. What should I do? Ms. Li: The color of the facade of the building has changed. The developer must change the facade of the building after soliciting the consent of the owner. When we bought the house, this was also a factor in our selection of the house. The owners' committee made such a request to the developer. Netizen: What if the color of the facade changes and no contract is signed at that time? Mr. Li: Did you have any description of the building books or the flyers? There must be some evidence, otherwise, in the future when it comes to litigation, arbitration or lack of evidence, it is more difficult to support our claims. Netizen: After staying for a while, how did you find the house seepage? Mr. Li: According to the house operating instructions and guarantees, the developer is required to provide maintenance and repair services. If it is a problem with the structure of the house, it belongs to a quality problem and it may file a claim with the developer. Netizen: According to the contract, if you find that the house you have purchased is short of space, or the other party did not deliver the key on time, then you have the right to refuse the purchase. The developer can refund you the first payment. Now the housing area has appeared. A small problem can be refused, but now the house has appreciated a lot. Should we not tolerate it?
Mr. Li: There is a range of plus or minus 3%. If it is within 3%, there is no right to request a check-out. If it exceeds 3%, there is a right to check out. Netizen: What is the difference between the purchase letter of intent and the purchase contract? Ms. Li: As a letter of intent to buy a house or a subscription book, it is only the two sides that have reached an agreement on whether or not to purchase the house. They have not included any specific issues for the housing, and they need to sign a formal sales contract before they can enter the law. Officially determined the establishment of a housing sales relationship. Netizen: I recently bought a commercial house near Niujie. After the renovation was completed, I found that the iron door of the household was deformed. The opening did not go smoothly. The developer had been repaired for several times and had not been repaired. Do you think I could check out? What? Li lawyer: This is the decoration company installed or provided by the developer? First of all, we must determine who is responsible for the problem. If there is a problem with the decoration company's installation, it is the responsibility of the decoration company. If it is provided by the developer, one is the quality of the door, and the second is the problem of the structure of the house. This leads to a kind of extrusion deformation of the door. Different conditions are handled differently, so please describe the problem in more detail. Moderator: If it is said that the deformation of the iron gate is such a problem, should the developer also bear some joint and several liability? Mr. Li: The problem of housing structure belongs to quality issues. Developers must take responsibility. Netizen: When making a room, what should the owners pay special attention to? Li: Special attention is paid to the fact that the developer must first provide a measured area table, and the second must require the developer to provide an acceptance record for the completion of the project. Only after the completion of the acceptance record table, the house has achieved comprehensive acceptance. The adopted standards can only be used by third parties. The third point is to look at the appearance of the house, including the main structure, the wall surface and the ground. There is no discrepancy with the decoration and decoration listed in the sales contract. If there is any discrepancy, it should be clearly listed and it is best for the developer to sign it. stamp. Netizen: When the developer collects the house, the owner must pay the deed tax to him. The key is not delivered. What measures should we take as the owner? Mr. Li: The payment of the delivery key and the deed tax is not a prerequisite for each other. The delivery of the key is an obligation of the developer. The deed tax is related to the application for the title certificate. The deed tax must also be submitted to the developer in the case of the developer’s agent. of. Netizen: Why does the paint fall off in the room? What is the solution? Ms. Li: It can be explained briefly that there are many factors affecting wall paint peeling off. One is the decoration company's renovation, but the quality of the decoration is not closed. There is also a possibility that the wall of the house itself has some problems in handling. This requires the separation of responsibilities and may need to identify what the reasons are. Netizen: Does the commercial housing have complete private property? Mr. Li: The commercial house is completely owned by you after you pay the full house purchase price. If it is a house purchased during the continuation of the spousal relationship, the house is of course in common with the spouse's house. This does not belong to the property that you own all the ownership. . Moderator: Do you still have to look at the form of property rights? Because many local property rights are not very standardized. Li lawyer: The property ownership certificate must be issued by the district and county level resource management department. Township property rights are strictly not legally recognized houses. The first is that the house cannot be transferred to your name, and it may still be illegal construction. There is a possibility of demolition in terms of planning. Netizen: When collecting the house, the property must collect 300 yuan of television network access fee for each household. Is this charge reasonable? Mr. Li: According to the sales contract at that time, if the sales contract specifically stipulated that the cost should be borne by the developer, then he should not be charged to the owner after his stay. If there is no clear definition, it is generally the owner. Paid. Netizen: Now that the owner has failed to pay property management fees in time for some reason, is the property right to terminate the household's water supply? Mr. Li: The property management fee, as well as the collection of electricity and gas costs, if you do not pay property management fees, but paid other fees, as a property management company is not entitled to water power, can be resolved through consultation, if not resolved, Complaints can be made to the hydropower management department. Netizen: At the time of check-in, the developer failed to promptly exit the acceptance record form. What should the owner do? Ms. Li: As the owner, he can refuse to accept the house. The responsibility for the postponement of the room will be borne by the developer.

Moderator: I would like to ask you a few questions. You have also represented a lot of cases with the owners. From the perspective of the cases you have come into contact with, what do you think is more impressive? To the majority of owners and recommended cases, can you tell us one or two? Li lawyer: Yes, but you need to hide the names of some necessary companies. In a case with deep impression, the owner found that when the community was first bought, the developer had promised that the community had a kindergarten. After the owner had been staying for several months, he found that the location of the kindergarten moved to the east, and the number of floors was also high. When the height was raised, the nature of the kindergarten changed and it became the nature of the street police station. The owner thought that it was the developer who violated the originally agreed behavior and was prepared to initiate a lawsuit with the developer. During the process of processing, it was discovered that the kindergarten plot was not owned by the developer, and the newspaper construction unit was not a developer. In this case, did the developer constitute the original contract fraud act, and the second was whether the developer had any The right to deal with this building because the owner is asking to demolish the building. After we had processed the land and verified it, it was true that the building unit and the land allocation unit at that time were all other units. It had nothing to do with the developer, but some of the owners had included this part in the contract. The developer does not have the problem of contract fraud, but there is a breach of contract, and the owner of this part of the contract received a certain amount of compensation. The owner who did not include it lost the case. What I want to say through this case is that at the same time as signing the contract, we must do a better job, and the terms of safeguarding our rights and interests should all be checked in, so as to avoid disputes after the stay, there is no reasonable basis. Moderator: You just said that owners who did not sign this part did not receive compensation, but the contract signed by the owner and the developer is very important. If it is not signed, his rights and interests will not be guaranteed. Is this? Li lawyer: This is the case. Moderator: Do you have a case in property management? Mr. Li: There are not many cases in property management. It often happens that owners are dissatisfied with the management company and refuse to pay property management fees. This way the property management company sues the owners. This situation is more common. From the property management company, the right to charge should be guaranteed, unless he is really at fault and fails to provide a qualified service for the owner. Under this premise, he has the right to sue. There are also landlords who want to check out and even the repayment of loans by the lending bank has all stopped. The consequence of this is actually adding some unnecessary expenses to the owners. After the lending bank sues, the industry mainly bears some default fees, including penalties. And so on, we must sort out the relationship. It is a relationship with the lending bank. It is a relationship with the property management company. It is another relationship with the developer. Don't confuse other relationships because of a problem in one relationship. . Moderator: You just said that during the owner’s lawsuit, for example, he was the owner of a loan, and the bank’s relationship. Did he also need to pay the bank a mortgage? Li lawyer: You are referring to the resident who checked out. He still has to pay the principal and interest to the bank. His relationship with the bank has not been terminated, nor has it been approved by the bank and can be stopped. After the settlement with the developer and the release of various relations with the bank, or when the prosecution is filed, this section is also sued and can be temporarily released. Netizen: If I want to buy second-hand housing, what procedures are needed? Mr. Li: First of all, we must determine the nature of the second-hand housing transactions, whether it is commercial housing, economic housing or housing reform, and then get the public housing sold in the market. There are different procedures for handling the need to sign a formal housing transfer with the housing sales. The agreement, to take their own identity documents, to the housing and land management department of the house to pay the transfer formalities, including deeds, personal income tax and other taxes and fees. Moderator: There are some netizens who have some problems with the listing of public housing. In the past, it was originally divided into units. It does not seem to be the case now. Mr. Li: The owner obtained full ownership. Unless there was a special agreement with the original property unit in the sales contract at that time, the property belonged to their personal property and could be disposed of freely. However, there was a provision for the sharing of benefits. , for example, the house 4,000 as a starting point, the turnover of less than 4,000, the unit does not receive any share from it, the range of 4,000 to 5,000 is about 20%, and more than 5,000 is 30%. Gradually accumulate the process. Netizen: I built a new house in my old house. Is this allowed? Mr. Li: It must obtain the permission of the land, followed by the permission of the planning department. If the procedures of both parts are completed, it is permissible.
Netizen: If it is said that the time of occupancy, after the relevant departments detected and found harmful objects exceeded, the owner how to do? Should the developer bear any responsibility? Ms. Li: First of all, I must get the legal basis for the environmental protection department to verify that the object is exceeding the standard. It is necessary to determine the source. If it is caused by the developer's supply of materials for the construction of the house, the developer must bear certain compensation liability. Exceeding his standard of normal residence, the right to check out can be exercised. Netizen: I live in the public housing of the unit. I have been paying for it for two years. The unit has not given a real estate license. How is this good? Li lawyer: If you buy at a cost price, after getting the unit’s payment voucher, he can ask the unit to handle property rights as soon as possible. If the unit has delays, you can complain to the housing department and ask the housing department to urge the unit to handle property rights. If this block is still in force, Unreasonable, you can sue the unit and ask him to perform the original sales contract. Netizen: Land is your own, but also apply? Li: Because apart from the land that the country expressly stipulates is collectively owned, the land is national. First of all, we must confirm what the nature of the land is, because even if it is the kind of private plots and residences in rural areas, it must go through certain approvals. Procedures can be built. Moderator: Some netizens are still confused about the payment of deed tax. Li lawyer: The latest standard of deed tax is that below 20 square meters is 1.5%, and 20 square meters or above is paid in accordance with 3%. After all, the construction of a house is not a private, arbitrary behavior. Moderator: Some time ago, lawyer Qin Bing proposed 204 supplementary agreements, but also caused an uproar, from your perspective, these 204 have his positive role? What is the main reason why he is not currently widely implemented in the capital? Mr. Li: First of all, I would like to stipulate the formation of Article 204 of Qin Bing’s lawyers. For all of my lawyer’s counterparts, I admire him very much. His professional knowledge is also very extensive and solid. Judging from the experience in our practice, there are 204 articles. Negotiating with developers, the support rate is very low. I also do some projects for developers. In terms of the specific contents of Section 204, there are some clauses that are too detailed and burdensome terms. If we practice them, we must achieve them. When the problem is mastered, when the big problem is controlled, if necessary, the two parties will make concessions and negotiate with each other. Netizen: I entered the work unit after the housing reform, can apply for it? Does the country have a corresponding policy? Li lawyer: You can apply for a purchase, as long as the property owner agrees to sell. This piece has a little bit of deviation from my profession. There is less room for house reform and sale. If necessary, you can check it again and make a detailed answer. Netizen: Residents of the A5 district in Wangjing West Park lived in the basement and were full of working people. Do they have the right to do so? How can we safeguard our rights and interests? Mr. Li: If it is a publicly owned property, it must win the owner’s consent. If it does not fall within the scope of the public pool, it affects the owner’s safe living environment. The owner also has the right to request correction. Moderator: Now there are some problems in the community, property companies privately allow a domestic company or small business hawkers to operate, is not to go through the owner's permission? Mr. Li: First of all, it depends on which piece of house he uses. If it is a public housing area, it belongs to the property of the owner and must pass the consent of the owner. If it is to provide a suitable service for the owner of the community, he should There is an advance notice from the landlord that the small business hawker is a prohibited area and must obtain the owner’s consent. If the owner does not agree to come in, the owner can ask the property management company to stop this behavior. Moderator: As far as property management is concerned, there are many problems in property management in Beijing. From the perspective of the community you are in contact with, is there a smooth communication between the property and the owner? What are the effective ways to implement it? Renovation Q&A network Li lawyer: If you do a better property management company, generally have regular communication with the owners. When something happens, they will consult with the owners in a timely manner beforehand, and treat the situation to the owner honestly. The way to report. Some property management companies can provide comprehensive and thoughtful services for some owners, for example, helping the owners to care for the elderly and children. In this case, the property management company and the owners can work together to make the community work in a peaceful and friendly atmosphere. Better. Moderator: Our owner's club has also opened a lot of owners' forums. There are also many residential areas where there are property owners and owners interacting online. What do you think about this form of communication?
Mr. Li: I think this form of communication is more positive and effective. Many things are said. After you have spoken out, you may have reached an effect of mutual communication and mutual understanding. If you do not say anything, take steps to avoid it. The attitude certainly cannot solve this problem. Netizen: Developers are required to pay deed tax at check-in. Is it necessary to change it? Li lawyer: This depends on whether you commissioned the developer to help you handle the property ownership certificate, and whether it is time for processing. If it is the time, you can give this part to the developer and he will promptly give you the property ownership certificate if you If you want to handle it yourself, you may not pay it to the developer. Moderator: You just mentioned that the owner can handle the property ownership certificate. He has no experience in this area. Can he talk about the specific procedures or what procedures are needed? Mr. Li: This procedure is relatively tedious. There is a precondition that documents and information must be submitted to the Bureau of Land Management. They must go through with the developers. The procedures are relatively cumbersome and the time is relatively long. Therefore, the approach is often taken by the developer to handle the subrogation. Or the developer commissioned an intermediary agency to handle it. This process is faster and the time is fast, which saves the owner a lot of energy. Moderator: Recently there have been many disputes due to the apportioned area. One source said that when a developer sold a house in the first installment, he found a share of the excess area, and returned the extra money to the owner when he handed it in the second period. How do you see this phenomenon? Attorney Lee: When the developer originally planned for housing, he should submit the scope and area of ​​assessment to the Housing and Land Management Bureau. They should also file records for them. When delivering the house, they can first ask to see the specific scope. The contract provides for comparison. If something goes wrong, it can be corrected by the developer. Does not rule out the existence of some illegal behavior of the developer.
Netizen: I would like to ask if the net height of a room is two-fifths, half is two-meter-four, and the middle is only two-meter-three. What should I do? Does it meet the building standards? Li lawyer: This is below the minimum standard of the building. Netizen: How should the owners represent? Mr. Li: According to some agreements in his contract, this meets the conditions for check-out. The developer can be required to pay compensation. If this house is already the case, first of all, look at the owner’s own ideas and whether the house still wants to continue living. If you do not want to continue living, you can ask the developer to check out. Netizens: Some districts have problems with random charges when they check in. The costs that should not have been borne by the owners have been added to the owners' heads. What are the fees that should be paid after the stay in the policy? Mr. Li: Actually it is the property management company that pays some property management fees, as well as the cost of making some door cards and door mirrors in the community. There are no other expenses besides this. Moderator: This is the end of the chat today. Thanks to Ms. Li for her brilliant explanation. See you next time. Li lawyer: Thank you, netizens, goodbye.
Don't forget to recommend this to friends posted on QQ/MSN (Jiangsu Construction Team, Xi'an 20 years experience in construction, consulting Q1057545818)

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