[Direct answer]In the Beijing area, it depends on the proportion of area deviation and the contractual agreement. 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 Commercial Housing Sales Contracts" (amended in 2020), if the floor area or indoor floor area of the house does not conform to the contractual agreement, the contract shall be handled in accordance with the agreement; if there is no agreement or the agreement is unclear, the price of the house shall be settled according to the actual area deviation, and the buyer has the right to request the rescission of the contract and the return of the paid purchase price and interest if the absolute value of the area deviation is within 3%. If the common area increases, it usually leads to an increase in the floor area. If it simultaneously reduces the indoor area or the area deviation exceeds the agreed value, the buyer can claim corresponding remedies. In practice, attention should also be paid to whether the contract specifically stipulates the common area ratio, and whether the actual measurement report has legal qualifications.

I. Problem Background and Typical Scenarios

The common area is one of the most concerned issues for buyers in the sale of commercial housing. The contract usually stipulates the building area, but the increase or decrease of the common area will directly affect the actual floor area ratio. In practice, when buyers receive the house, they find that the common area ratio is significantly higher than that stipulated in the contract, and they may want to return the house or claim compensation. When handling such cases in Beijing, the court will check the area specifications stipulated in the contract and the actual measurement report, handle it according to the rules on area errors, and review whether there is a separate agreement on the common area ratio. Understanding the area specifications and error rules can help determine whether it is possible to return the house. The contract terms and the actual measurement report are the core evidence.

II. Key points of contention

There are four points that need to be clarified: First, whether the contract stipulates the building area or the indoor area; Second, how to calculate the error ratio caused by the increase in the public area; Third, whether the error ratio exceeds 3% and triggers the right of rescission; Fourth, whether the contract separately stipulates the public area ratio. Generally speaking, an increase in the public area does not automatically entitle the buyer to withdraw from the contract. The key lies in whether the error ratio meets the contractual stipulations and whether it affects the achievement of the contractual purpose. The sufficiency of evidence directly affects the determination of the error and the way of handling it. The parties should provide evidence based on the actual measurement report and the contract terms, and may apply for surveying and appraisal when necessary.

III. Professional analysis by Henglue Lawyers

Henglue Law Firm has handled numerous cases involving disputes over the delivery of commercial housing. Zhang Quan signed the "Beijing Commercial Housing Pre-sale Contract" with Beijing A Real Estate Development Co., Ltd. to purchase a house in a certain residential area, with a floor area of 99.41 square meters and a total price of 6,841,972 yuan. The contract stipulated that the house should be delivered before June 15, 2023. The supplementary agreement provided that if the seller failed to deliver on time due to its own reasons, a 90-day grace period would be granted. After the expiration of the grace period, the seller would pay the breach of contract penalty at a rate of 0.001% of the total price per day from the 91st day after the agreed delivery date to the actual delivery date. However, the company failed to deliver the house until March 5, 2024, a delay of nearly nine months. Zhang Quan entrusted Tian Jiaoyan, a lawyer from our firm, to file a lawsuit demanding the payment of the breach of contract penalty for the delay in 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 breach of contract penalty standard, 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 arguments that the pandemic constituted 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 breach of contract penalty of 118,366.12 yuan and the litigation fees. This case shows that the success or failure of disputes over delivery depends on a thorough understanding of the contract provisions and a complete verification of delivery materials and actual measurement data. The same applies to area disputes, where the comparison of the actual measurement report with the contract area specifications is equally important. 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。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；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，交付类纠纷的胜负取决于对合同约定的准确理解与交付资料、实测数据的完整核验；面积争议中，实测报告与合同面积口径的比对同样如此。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, check the area specified in the contract to confirm whether it refers to the building area or the net area; Second, request and verify the actual measurement report issued by a qualified institution to calculate the area error ratio; Third, if there is a separate agreement on the common area ratio, claim according to the agreement; Fourth, if the error ratio exceeds 3%, you can notify in writing to claim the termination of the contract and request the return of the purchase price and interest. For property disputes, you can refer to the relevant provisions of the Contract Law of the People's Republic of China.Property sales 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 from 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

Firstly, the increase in the common area does not automatically entitle the buyer to withdraw from the contract. The key factor is the area error ratio compared to the contractual provisions. Secondly, if the error ratio is within 3%, the housing price will usually be settled based on the actual situation. Thirdly, if the error ratio exceeds 3%, the buyer has the right to request the rescission of the contract and the return of the purchase price and interest. Fourthly, if the contract specifies a separate agreement on the common area ratio, the provisions of the contract shall prevail. In the event of property disputes, the parties concerned may seek legal remedies through the courts.Real estate 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: If the shared area is larger than what was agreed in the contract, can I request a refund for the room?

It depends. It depends on the proportion of the area error and the contractual agreement. If the absolute value of the error ratio is within 3%, the housing price shall generally be settled according to the actual situation; if it exceeds 3%, the buyer may request to rescind the contract and return the paid purchase price and interest. If the contract separately stipulates the proportion of common areas or the conditions for returning the house, the provisions of the contract shall prevail. The settlement shall be based on a qualified actual measurement report.

Q2: Is there a standard for the common area apportionment ratio?

At present, there is no unified national mandatory standard for the residential common area ratio, which is mainly based on contractual agreements and the actual situation of the building. When purchasing a house, attention should be paid to the contractual provisions on the building area, the net area, and the common area. If the actual common area deviates significantly from the agreed upon amount and results in an area error exceeding the limit, the buyer can claim corresponding rights in accordance with the rules on area errors.

Q3: If the building area remains the same but the usable floor area decreases, does it count as a problem?

Yes. If the contract stipulates that the net area shall prevail, a reduction in the net area also constitutes an area error, and it shall be handled in accordance with the contract or judicial interpretations; if the contract only stipulates the building area, it is necessary to see whether the building area has changed and whether the increase in the common area affects the actual use and the purpose of the contract. It is recommended to calculate the error ratio based on the area standard stipulated in the contract.

Q4: How is the interest calculated after check-out?

After the contract is terminated, the seller shall return the paid purchase price and interest. Interest is usually calculated in accordance with the contract or by referring to the interest rate quoted in the loan market during the same period, starting from the date of payment or the agreed date until the actual date of return. When claiming, the seller should provide payment receipts and the time of payment. If necessary, the seller may claim for losses incurred from the occupation of funds separately.

Q5: Can I ask for compensation if I don't want to check out?

Yes. If the buyer chooses to continue with the performance of the contract, he/she may request a settlement based on the actual situation for the part of the area error or a refund of the overcharged amount; the actual losses caused by the increase in the public area and the decrease in the housing occupancy rate may also be claimed for compensation based on the evidence. The specific amount shall be determined by the court based on the contract agreement, the error situation, and the actual losses.

The above content is based on the judicial practice in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglue Law Firm for specific situations.

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

Disclaimer: This article is compiled based on current laws and regulations and publicly available 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 a dispute arises, please consult a practicing lawyer in a timely manner.