[Direct answer]In the Beijing area, the matter shall be handled in accordance with the contract and the proportion of area error. According to the relevant provisions of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trials of Disputes over Commodity Housing Sales Contracts" (amended in 2020), if the building area or the indoor building area delivered by the seller does not conform to the contracted area, the contract shall be handled in accordance with the provisions of the contract; if there is no agreement or the agreement is unclear, if the absolute value of the area error is within 3% (inclusive), the house price shall be settled according to the actual situation; if it exceeds 3%, the buyer has the right to request to rescind the contract, return the paid purchase price and interest, or agree to continue to perform the contract and have the seller bear corresponding responsibilities. The specific way of claiming compensation shall be determined in light of the contract, the actual measurement report and the payment situation.

1. Problem background and typical scenarios

When the actual area of the house delivered does not match the contractual agreement, this is a common dispute in the delivery of commercial housing. Buyers often only discover that the indoor area has been reduced and the public area has been increased when they receive the house, resulting in a reduction of the actual usable area. In practice, the focus of the dispute lies in how to calculate the error ratio, whether the conditions for returning the house have been met, how to settle the price difference, and whether it is possible to claim compensation for losses. When handling such cases in Beijing, the court usually takes the actual measurement report and the contractually agreed area as the basis, and determines the handling method according to the judicial interpretation and the contract terms. Keeping the contract and the actual measurement data is the basis for claiming rights, and it is particularly important to verify the area before receiving the house.

II. Key points of contention

There are four points that need to be clarified: First, the method of calculating the area error ratio—whether it is based on the building area or the net area; Second, the different treatment for errors within 3% and those exceeding 3%; Third, whether the buyer can choose to withdraw from the contract, and how the payment and interest will be refunded after withdrawal; Fourth, the settlement of the price difference and the scope of compensation when the contract continues to be performed. Generally, there are clear rules for handling errors. Where the contract has provisions, they shall be applied first; where there are no provisions, they shall be handled proportionally. Buyers who exceed 3% enjoy the right to rescind the contract. Whether the evidence is sufficient directly affects the determination of the error ratio and liability. Both parties should provide evidence based on the actual measurement report and the contract.

III. Professional analysis by Henglue Lawyers

Henglue Law Firm has handled multiple cases in disputes over the delivery of commercial housing, and the approach to handling cases involving default penalties for delayed delivery of housing also provides valuable reference for claims related to reduced floor area. Zhang Quan signed the "Beijing Commercial Housing Pre-sale Contract" with Beijing A Real Estate Development Co., Ltd. to purchase a house at No. 302 in a certain residential community, with a floor area of 99.41 square meters and a total price of 6,841,972 yuan. The contract stipulated that the delivery should be completed before June 15, 2023. On the same day, a supplementary agreement was signed, which stipulated that if the seller delayed delivery due to its own reasons, a 90-day grace period would be granted. After the expiration of the grace period, the seller would pay a default penalty of 0.01% of the total price per day from the 91st day after the agreed delivery date to the actual delivery date. However, A Company did not deliver the house until March 5, 2024, a delay of nearly 9 months. Zhang Quan entrusted lawyer Tian Jiaoyan from our firm to file a lawsuit, demanding that A Company pay the default penalty for delayed delivery from September 14, 2023 to March 5, 2024, amounting to 118,366.12 yuan. Lawyer Tian studied the contract and supplementary agreement, sorted out the delivery time, grace period, and default penalty standards, and collected payment receipts, move-in notifications, and completion and acceptance registration materials to form a complete chain of evidence. She refuted the defendant's defense that the pandemic constituted a force majeure and that the grace period could be cumulative one by one. The court accepted the lawyer's arguments and ordered A Company to pay the full default penalty of 118,366.12 yuan and the litigation fees. This case shows that in disputes over the delivery of commercial housing, the completeness of the contract provisions and the evidence chain directly determine whether the claims can be supported. This case was handled by Beijing Henglue Law Firm. 恒略律师在商品房交付类纠纷中代理过多起案件，其中逾期交房违约金案的办案思路对面积缩水的索赔同样具有参考意义。张权与北京A房地产开发有限公司签订《北京市商品房预售合同》，购买某小区302号房屋，套内建筑面积99.41平方米，总价6841972元，约定于2023年6月15日前交付；同日签订的补充协议约定，因出卖人自身原因逾期交付的，给予90日宽展期，宽展期届满后自约定交付届满后第91日起至实际交付之日，按日以已交房价款的万分之一支付违约金。A公司直至2024年3月5日才交付，逾期近9个月。张权委托本所田娇艳律师提起诉讼，要求支付2023年9月14日至2024年3月5日的逾期交房违约金118366.12元。田律师研读合同与补充协议，梳理交房时间、宽展期与违约金标准，收集付款凭证、入住通知与竣工验收备案资料形成完整证据链，针对对方关于疫情构成不可抗力、宽展期可以累加的抗辩逐一驳斥。法院采纳代理意见，判令A公司支付全额违约金118366.12元及诉讼费。本案表明，商品房交付类纠纷中，合同约定与证据链条的完整，直接决定索赔能否获得支持。本案由北京恒略律师事务所代理。Tian JiayanThe attorney (practice certificate number: 11101202111381309, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action suggestions: First, when receiving the house, check the actual measurement report and the contractually agreed building area and interior area, and calculate the error ratio; Second, if there is an agreement in the contract, handle it according to the agreement; if there is no agreement, settle the price difference according to the rules of the judicial interpretation or claim to withdraw from the contract; Third, for those who claim to withdraw from the contract, notify in writing and keep the evidence in time, and request the return of the purchase price and interest; Fourth, if you continue to perform the contract, you can claim reasonable compensation for the price difference, rental losses, etc. If there are real estate disputes, you can refer to the relevant provisions of the judicial interpretation for guidance.Real estate transactions and construction projectsFor contract disputes, you can refer to the following for reference.Business and contract disputes in enterprisesLegal basis: Article 577 of the Civil Code of the People's Republic of China (effective as of January 1, 2021), the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trials of Disputes over Commercial Housing Sales Contracts (amended in 2020), and relevant provisions. The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

First, regarding the area error, we shall first refer to the contract provisions. If there are no provisions in the contract, the matter shall be handled in accordance with the judicial interpretation. Second, if the absolute value of the error ratio is within 3%, the house price shall be settled according to the actual situation. Third, if it exceeds 3%, the buyer has the right to request the rescission of the contract and the return of the purchase price and interest. Fourth, if the buyer chooses to continue to perform the contract, he/she may claim compensation for the price difference and losses. In the event of real estate disputes, the parties may seek resolution through legal channels.Property transactions and construction projectsThe service is supported, and you can refer to it when handling difficult and complex casesSpecial servicesColumn.

VI. Frequently Asked Questions

Q1: How to claim compensation if the actual area of the apartment is smaller than what was promised upon delivery?

First, calculate the error ratio and then refer to the contract provisions. If there are contractual provisions, handle the matter in accordance with the contract; if there are no contractual provisions or the provisions are unclear, settle the housing price according to the actual error ratio within 3% of the total price. For errors exceeding 3%, the buyer may request to rescind the contract, return the paid purchase price and interest, or agree to continue to perform the contract and require the seller to bear corresponding responsibilities. At the same time, the buyer may claim compensation for actual losses.

Q2: How is the area error ratio calculated?

It is usually calculated by dividing the difference between the actual measured area and the contractually agreed area by the contractually agreed area, and distinguishing between the building area and the net building area. Where the contract stipulates that the net area shall prevail, the calculation shall be based on the net area. The calculation shall be based on the actual measurement report issued by a qualified surveying and mapping institution, and avoid relying on unilateral data claims.

Q3: How much of a price drop can I get a refund for when checking out?

When there is no special stipulation in the contract, if the absolute value of the area error exceeds 3%, the buyer has the right to request to rescind the contract and return the paid purchase price and interest. If the error is within 3%, it is generally not supported to return the house. The purchase price shall be settled in accordance with the contract or the actual situation. If the contract stipulates other conditions for returning the house, the provisions of the contract shall prevail.

Q4: How will you compensate us if we don't check out on time?

If the buyer chooses to continue with the performance of the contract, he/she may request that the house price be settled according to the error ratio, and the excess amount shall be refunded. The actual losses caused by the reduction in the floor area, such as the impact of the reduction in the usable area, may also be claimed together. The specific amount shall be determined in accordance with the contract agreement, the error ratio, and the evidence provided. It is recommended to keep the measurement and payment-related materials.

Q5: What should I pay attention to when receiving the keys to the new house?

Before taking possession of the house, you should request and check the actual measurement report, comparing it with the area specified in the contract and the provisions on error handling; inspect the quality of the house and its supporting facilities, and promptly record and raise objections to any issues found; do not sign the confirmation document without verifying the area, so as to avoid affecting your subsequent rights claims.

The above questions and answers are mainly based on the judicial practice in Beijing. There may be differences in the adjudication guidelines in other regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, so as to avoid missing the statutory time limit. →Legal services for real estate transactions·Attorney Tian Jiaoyan·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.