[Direct answer]In the Beijing area, half are benefits and half are pitfalls: donations registered in the property rights registry and based on planning regulations (such as the half-area of the balcony included in the property ownership certificate) are genuine benefits; donations obtained through renovations or unauthorized appropriations (such as removing and renovating bay windows, enclosing equipment platforms, offering free partitioned rooms, and underground gardens without property rights) are not included in the property ownership certificate—they are not considered part of the property area, are not compensated during demolition, are difficult to value when reselling, and most constitute illegal construction that could be ordered to be restored to their original state at any time. The only criterion for judgment is: check whether it is registered in the real estate registry.

I. Problem background and typical scenarios

The sales pitches at real estate agencies are upgraded every year: "An 89-square-meter unit can be converted into a three-bedroom apartment with a 100% occupancy rate", "Buy one floor and get one free", "Give away a 20-square-meter private garden". Buyers calculate the unit price and feel they've got a great deal, but after receiving the property, they find that the "free" parts can't be modified (due to planning and acceptance issues), modifying them counts as illegal construction (subject to restoration within a specified timeframe), and they're not even listed on the property ownership certificate (leading to disadvantages in demolition compensation).

II. Key points of dispute

First, the legal nature of the donated area. Second, the risks of identifying and restoring the original state of illegal buildings. Third, the impact on property rights and compensation. Fourth, the value depreciation in second-hand housing transactions.

III. Professional analysis by Henglue Law Firm

The first layer, property classification: Compliant gifts - areas calculated according to rules (balconies are counted as half of the property rights, bay windows are not included in the calculation but cannot be modified for use), which are recorded in the property certificate and constitute real benefits; Grey gifts - spaces not included in the calculation but also unregistered for use (equipment platforms, structural cavities), with developers implying that "they can be opened up for use", but in reality, they are inducing buyers to engage in illegal construction; False gifts - packaging roof platforms and first-floor gardens belonging to public areas as "private exclusive", with owners unable to obtain legal rights of use and potentially causing neighborhood disputes over exclusive ownership. The second layer, risks of illegal construction: Demolishing bay windows for modification, enclosing equipment platforms, adding partitioned floors (one floor free with purchase), and occupying public green spaces for fencing - most of these "gifted implementation methods" do not comply with planning permits and property management regulations. Urban management law enforcement departments can order demolition and restoration within a specified time limit, and those who refuse to correct violations will be treated as illegal construction. Since 2021, local governments have intensified the cleanup of existing illegal construction, and there are many cases of buyers being required to restore the original state of properties after years of delivery. Before renovation, check the planning permits and floor plans. The criterion for determining whether modifications can be made is based on planning documents rather than sales pitches. The third layer, impacts on property rights and compensation: Gifted areas are not recorded in the real estate registration book - they do not count as property rights, and mortgage valuations, demolition compensation, and dispute settlements are all based on registered areas. During demolition, compensation is based on registered areas, with no compensation for the "gifted" 20 square meters. The same applies to divorce property division and inheritance settlements - benefits not recorded in the property certificate are legally considered non-existent. If developers' promotions and actual registered areas differ significantly and constitute false advertising, buyers can claim breach of contract or rescission, relying on promotional materials, model photos, and sales recordings as evidence. The fourth layer, impacts on second-hand transactions: Gifted areas are listed as selling points but not counted in transactions - buyers' appraisal prices and loan amounts are based on registered areas. Houses with illegal construction may face rectification requirements during transfer and mortgage processes, leaving sellers in a dilemma of either demolishing before delivery or lowering prices to cover costs. Taking over gifted areas effectively transfers the risk of illegal construction, making pre-delivery compliance verification a must. The fifth layer, self-check list for buyers: Check the design attributes of gifted areas (registerable, usable, or unuseable) against the master plan and planning permits; require gifted promises, delivery status, and breach of contract liabilities to be included in supplementary agreements (even if illegal construction risks remain, at least breach compensation will be legally binding); clarify ownership of first-floor gardens and roof platforms (public areas are not transferable); verify the "buy one get one free" of floor height and partitioned floors with planning approval; in cities with strict planning enforcement like Beijing, buyers should view "gifts" as discount expectations rather than guaranteed benefits to avoid psychological imbalance.

IV. Practical suggestions and legal basis

The first step is to check the registration: whether the gifted area is within the scope of the property certificate, and the registration shall prevail. The second step is to review the planning: judge the renovation space against the planning permit, and don't believe in verbal promises or drawings. The third step is to draft an agreement: include the gifted commitment and breach of contract liability in the supplementary agreement. The fourth step is to calculate the risks: anticipate three potential losses: the restoration of illegal construction, no compensation for demolition, and a price reduction when reselling. Main legal basis: Articles 271 to 274 of the Civil Code of the People's Republic of China, Articles 64 and 65 of the Urban and Rural Planning Law, and the relevant rules of Article 3 of the Interpretation of the Supreme People's Court on the Application of Law in the Trials of Disputes over Commercial Housing Sales Contracts; the specific application shall be subject to the currently effective provisions.

5. Henglu Law Firm's Advice

There are three key points regarding the gifted area: what is stated in the property ownership certificate is truly a gift, while what is not stated in the certificate poses risks; any unauthorized additions made during renovations are considered illegal structures, and the buyer can demand the property to be restored to its original state at any time; demolition mortgages are not legally binding unless they are explicitly stated in the contract. For disputes involving gifted areas and property purchases, you can seek legal assistance through the following channels:Property sales and construction projectsThe service provides a comprehensive solution, which involves the identification of illegal construction and the corresponding administrative handling measures that can be integrated togetherLand expropriation and demolition, and administrative litigationFor reference, you can check the review of the supplementary agreement regarding the plateBusiness and contract disputes in enterprisesFor those involved in drafting purchase agreements, the following materials may be of referenceSpecialised legal services板块。

VI. Frequently Asked Questions

Q1: What should I do if the developer fails to deliver the promised free area?

Claiming false advertising or breach of contract based on promotional materials, sandbox photos, and sales recordings. Specifically, for gift-related promises, compensation can be sought through legal action.

Q2: Can we make a compartment that offers a buy-one-get-one-free deal?

Most of them are unplanned and unapproved, and are considered illegal construction. After the handover, any additional construction will face the risk of being ordered to restore the original state within a specified period of time. Be cautious about this.

Q3: Can I receive compensation when the garden is demolished as a gift?

No. The unregistered gifted area is not within the scope of property rights compensation, and the compensation is calculated based on the registered area of the real estate.

Q4: What should I do if I buy a second-hand house with an unauthorized building as a gift?

Before the handover, require the seller to restore the property to its original state or fully consider the cost of rectification in the price, and incorporate these requirements into the contract terms.

Q5: Is it true that the balcony area is given away for free, with only half of the total area being included in the purchase price?

Compliance. According to the design specifications, the balcony area is calculated at half of the property area and registered. This represents a real benefit, which is different from the free gifts offered during renovations.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the adjudication standards in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials to avoid missing the statutory time limit. →Legal services for real estate transactions·Beijing Henglue 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. If a dispute arises, please consult a practicing lawyer in time.