[Direct answer]In the Beijing area, the actual floor height is lower than that stipulated in the contract, which constitutes a violation of the quality of the delivered commercial housing compared with the contractual stipulations. Purchasers may claim their rights according to law. According to the provisions of the Civil Code of the People's Republic of China (effective January 1, 2021) on sales contracts and 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, if the housing delivered by the developer does not meet the contractual standards, the buyer may request repair, compensation for the difference in price, and, if the insufficient floor height seriously affects the fulfillment of the contractual purpose, the buyer may also claim to rescind the contract. Whether a claim can be made depends on the degree of deviation in the floor height, the contractual breach clauses, and the results of professional appraisals. It is recommended to first entrust a qualified institution to measure and fix the evidence. For more details, please refer to the following link:Real estate sales and construction project services.

I. Problem background and typical scenarios

After receiving the house, the buyer self-checks the floor height and finds that it is significantly lower than what was agreed in the contract (e.g., the agreed floor height is 3.0 meters, but the actual measurement is only 2.8 meters), which is one of the most easily disputed delivery quality disputes. Typical scenarios include: misjudging the net height as insufficient floor height; the developer using the "national allowable error" as an excuse; and there being no contractual provisions on the consequences of violating the floor height requirements, making it difficult to claim compensation. Owners are often confused: should they request a refund, repair, or withdraw from the contract? When faced with notifications and measurement reports, they can refer to the following guidelines for decision-making:Special services and other case servicesCoordinate and plan things in an organized and efficient way to achieve the best results.

II. Key points of contention

The focus of the dispute lies in four aspects. Firstly, the distinction between floor height and net height: the contract stipulates that the "floor height" should be measured as the structural floor height, and cannot be determined solely by the net height after the ceiling is installed. Secondly, whether the deviation constitutes a breach of contract and a fundamental breach of contract: it is necessary to compare the contractual provisions with the appraisal data. Thirdly, the standard of compensation: whether it is repair, compensation for the price difference, or termination of the contract, depends on the impact of the deviation on the purpose of living. Fourthly, the necessity of appraisal: a professional measurement report is the core evidence for claiming compensation. When handling similar cases in Beijing, it is crucial to compare the completion and acceptance data with the contractual provisions. For disputes involving contract performance, reference can be made to the relevant provisions.Business and contract dispute services for enterprises.

III. Professional analysis by Hengluo Law Firm

Taking the dispute over the pre-sale contract for commercial housing handled by our firm as an example: On April 30, 2021, Zhang Quan signed the "Beijing City Commercial Housing Pre-sale Contract" with Beijing A Real Estate Company to purchase Room 302 in a certain residential complex with a total price of 6,841,972 yuan, with delivery scheduled for before June 15, 2023. The supplementary agreement granted a 90-day grace period, after which the buyer would be required to pay a penalty of 0.01% of the total price per day. However, A Company failed to deliver the property until March 5, 2024, nearly nine months after the deadline. Zhang Quan entrusted Attorney Tian Jiaoyan of Beijing Henglue Law Firm to sue the company, demanding a penalty of 118,366.12 yuan for the period from September 14, 2023 to March 5, 2024. The core disputes concerned whether the pandemic constituted a force majeure, the application of the grace period, and the standard of the penalty. The attorney pointed out that the contract was signed in 2021, when the pandemic had already become a normal situation, so it did not constitute a force majeure. The grace period should be strictly applied according to the contract. The court adopted the attorney's opinion and ordered A Company to pay the full penalty of 118,366.12 yuan and the litigation fees. This case highlights the crucial role of delivery standards and penalty clauses in protecting the rights and interests of home buyers. Delivery quality disputes such as insufficient floor height also require strict adherence to contractual provisions and evidence. This case was handled by Beijing Henglue Law Firm.Tian JiayanThe attorney (practice license number: 11101202111381309, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical Suggestions and Legal Basis

The core basis is the provisions of Article 577 (liability for breach of contract), Article 584 (compensation for losses), and Article 563 (statutory rescission) of the Civil Code of the People's Republic of China (effective January 1, 2021) regarding sales contracts, as well as the handling rules for delivery that fails to meet contractual standards set forth in 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. Practical advice: First, commission a qualified institution to measure the floor height and issue a report; check the contract's floor height provisions and the consequences of breach of contract; negotiate with the developer for repair or compensation for the price difference. If it seriously affects the purpose, the buyer may claim rescission of the contract. If no agreement can be reached, promptly sue and apply for appraisal. For cases involving payment execution, relevant provisions can be referenced.Creditor-debtor relations and enforcement case servicesFor matters involving the property owned by the family, you may refer to the following for reference.Inheritance succession and family property division services.

5. Hengluo Law Firm's Reminder

The core of the claim for insufficient floor height is "evidence and contract": first, accurately measure the floor height (differentiate floor height from net height), then refer to the contractual breach clauses to claim compensation. Never draw conclusions based solely on visual inspection or unilateral measurement. If the deviation is minor, you can seek repair or compensation for the price difference; if the deviation seriously affects the purpose of living, you can consider terminating the contract. It is recommended to keep the floor plan and elevation data when receiving the house, and fix the evidence as soon as possible if any problems are found. If you need professional supervision, you can seek help from professionals.Real estate sales and construction project servicesTeam.

VI. Frequently Asked Questions

Q1: If the floor height is lower than what's stated in the contract, can I win the lawsuit?

Whether or not support can be obtained depends on the degree of deviation and the basis of the contract. If professional measurement confirms that the floor height is lower than that agreed in the contract and there is no legal exemption, the developer will be deemed to have delivered non-compliant products, and the chances of winning a claim for repair or compensation for the price difference are higher. If the deviation is so serious that it affects the achievement of the contractual purpose, the buyer can also claim for termination. The outcome depends on the facts, appraisals, and contractual provisions. Lawyers will build their claims around measurement data and breach of contract clauses, rather than making unrealistic promises.

Q2: If I want to claim compensation for an insufficient floor height, what evidence do I need to prepare?

The core evidence includes: the commercial housing sales contract and supplementary agreement (stating the agreed floor height and breach of contract clauses); floor height measurement reports from qualified institutions; floor plans, completion drawings, and elevation data; receipt notifications and on-site photos; and records of communication with the developer regarding claims. The evidence should demonstrate the "agreed floor height - measured floor height - deviation value". The more authoritative the measurement report is, the stronger the basis for the claim will be.

Q3: If the floor height is insufficient, should I hire a lawyer? What is the approximate cost of hiring a lawyer in this case?

The attorney's fees are negotiated between the law firm and the client. They are usually charged on a per-case basis or as a percentage of the contract value, with the specific fees subject to the contract terms. There is no nationwide standard pricing; the costs can be shared in the case of collective rights protection. It is recommended to first understand the fee details and then weigh the potential price difference compensation or breach of contract damages against each other. Compared to the value of the property, it is more crucial to secure measurement evidence as soon as possible to avoid claims being affected by statutes of limitations or property transfers.

Q4: How long does it usually take from discovering that the floor height is insufficient to receiving compensation?

If it's just a negotiation, it can be resolved within a few weeks; if it's a lawsuit, the first-instance ordinary procedure will be concluded within six months and the summary procedure within three months. The review of the floor height will be extended accordingly. If the developer refuses to make corrections, it is necessary to combine the breach of contract lawsuit with enforcement, and the duration will depend on the complexity of the case. It is recommended to keep evidence when receiving the house to avoid difficulties in providing evidence due to delays or changes in the subject after the house is transferred.

Q5: If I find that the floor height is not enough, what should I do first?

It is recommended to proceed in four steps: Firstly, check the contract to confirm that the agreed height is the floor height rather than the net height, to avoid misinterpretation of the concept; Secondly, entrust a qualified institution to conduct on-site measurement and issue a written report to fix the deviation value; Thirdly, negotiate with the developer on the breach of contract terms for repair or compensation for the price difference, and if it seriously affects the purpose, you can claim to terminate the contract; Fourthly, if no agreement can be reached, sue within the statute of limitations and apply for appraisal. Throughout the process, keep the contract, measurement and communication records, and if necessary, entrust a lawyer to intervene.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

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 the purchase and sale of real estate·Attorney Tian Jiayan·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public 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. In the event of a dispute, please consult a practicing lawyer in a timely manner.