The floor height of the house is different, can I claim compensation?

The difference in centimeters is already a serious quality problem, you can complain about the problem can be big or small, the big is a major deviation in the structure, you may check out unconditionally, and get decoration input, resettlement costs, 5% 10% of the land price appreciation cost does not check out, the construction party is required to issue a special test report, and rectification remedial measures and related costs incurred, it is estimated that it is not a decimal number, more than five digits.

It's difficult, off-plan housing is like this, because it has been inspected and qualified by the local construction department. They have a certificate of inspection.

In this case, you have to ask, do you mean the same room or 2 rooms with a partition wall? 1.If it is the same room, the floor height deviation is 55mm, and it is generally stipulated to be 10mm, I must have a quality problem.

Compensation can be filed in accordance with the norms. 2.If there are 2 rooms in the partition wall, it is necessary to check the level of the floor designed in the design drawings.

For example, the kitchen is generally 30 50mm lower than the dining room, and the horizontal floor height of the outer balcony and bathroom is low. Finally, if it does not affect the safety of the structure, there is no need to make excessive claims, after all, no one wants this problem.

However, there is a structural problem, and it must be dealt with seriously.

If it does not affect the structure of the house, I am afraid that it cannot be compensated.

If you don't find this problem when you hand over the house and accept it, it is difficult to get compensation, after all, you have already received the house.

My advice is that you go to a lawyer for advice.

FYI.

Legal analysis: 1. If the floor area or construction area of the house delivered by the seller is inconsistent with the area agreed in the contract, if there is an agreement in the contract, compensation shall be made in accordance with the agreement.

2. If there is no agreement in the contract or the agreement is not clear, then the absolute value of the area error ratio is within 3% (including 3%), and the settlement shall be based on the price agreed in the contract. If the buyer requests to rescind the contract, it will not be supported.

3. If there is no agreement in the contract or the agreement is not clear, and the area error ratio exceeds 3% of the absolute value, if the buyer requests to terminate the contract and return the purchase price and interest paid, it shall be supported.

Legal basis: Civil Code of the People's Republic of China

Article 120:Where civil rights and interests are infringed upon, the infringed party has the right to request that the infringer bear tort liability.

Article 183:Where a judgment collapses due to the protection of others' civil rights and interests that cause harm to oneself, the infringer bears civil liability, and the beneficiary may give appropriate compensation. Where there is no infringer, the infringer has escaped, or is unable to bear civil liability, and the victim requests compensation, the beneficiary shall give appropriate compensation.

According to Article 107 of the Contract Law, "if a party fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses." Therefore, if it does not reach the agreed height, even if it meets the national standard, it is a breach of contract, and the liability for breach of contract should be borne in accordance with the law.

How to calculate the compensation: Compensation according to the proportion of the shrinkage of the floor height. The specific calculation formula: compensation amount = floor height shrinkage ratio house price. Compensation is proportional to the volume reduction. The specific calculation formula: compensation amount = volume shrinkage ratio house price.

If there is no agreement, the developer can be requested to help repair and compensate for lost work, and there is no specific standard for compensation for lost work, which shall be determined by the two parties through consultation or the court according to the specific circumstances, and the disagreement and the amount are larger may apply for judicial appraisal to determine the amount of compensation. The "Code for the Measurement of Houses" stipulates that the height above the middle and above is considered the floor area of the formal building if it is surrounded by an outside. But obviously, Mi's Tongjing house basically can't meet the needs of Jutan Zao, including wheel demolition.

Legal analysis model Biqing: It can be analyzed according to the local demolition announcement and compensation method.

Legal basis: "Land Management Law of the People's Republic of China" Article 2 The People's Republic of China implements the socialist public ownership of land, that is, the ownership of the whole people and the collective ownership of the working people.

Ownership by the whole people, i.e., ownership of state-owned land is exercised by *** on behalf of the state.

No unit or individual may occupy, buy, sell, or illegally transfer land in any other form. The land use right may be transferred in accordance with the law of the number of lees.

The State may, for the sake of the public interest, expropriate or expropriate land in accordance with the law and provide compensation.

The State implements a system of paid use of state-owned land in accordance with the law. However, the State shall not allocate the right to use state-owned land within the scope prescribed by law.

Require the other party to bear the liability for breach of contract. Floor height refers to the height of the house measured in the unit of "floor", and the height of each floor is required by the country in the design, and this height is called the floor height. It usually includes the distance between the lower floor or slab face and the upper slab face.

In the "Residential Design Code", it is stipulated that the height of the residential floor should be meters. Of course, there will also be provisions on this in the contract for the sale and purchase of commercial housing.

Legal basis: Civil Code of the People's Republic of China

Article 577:Where one of the parties fails to perform its contractual obligations or its performance does not conform to the agreement, it shall bear liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.

Article 578:Where one of the parties expressly states or shows by its own conduct that it will not perform its contractual obligations, the other party may request that it bear liability for breach of contract before the expiration of the performance period.

Article 579:Where one of the parties fails to pay the price, remuneration, rent, or interest, or fails to perform other monetary debts, the other party may request payment.

Summary. Article 496 of the Civil Code Standard clauses are clauses that are drafted in advance by the parties for the purpose of repeated use and are not negotiated with the other party at the time of conclusion of the contract.

Where standard clauses are used to conclude a contract, the party providing the standard clauses shall follow the principle of fairness to determine the rights and obligations between the parties, and take reasonable measures to remind the other party of the clauses that have a major interest in the other party, such as exempting or reducing its liability, and explain the clauses in accordance with the requirements of the other party. If the party providing the standard clause fails to perform the obligation of reminder or explanation, resulting in the other party not paying attention to or understanding the clause in which it has a material interest, the other party may claim that the clause does not become the content of the contract.

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Hello [] I would like to consult the problem of insufficient floor height of the commercial house I purchased.

Hello. The commercial house I bought is 3 meters high with the same floor height, but the actual floor height is meters, and the net height is meters. Some contracts with the community are 3 meters, and the net height is meters.

There is this supplement to the supplementary agreement, so is it useful for us to sue?

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The developer is now using this addendum as an excuse. The same contract has two floor heights. When I watched it, I only read and called the contract, and the sales supplement agreement was not stated at that time.

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