What should I do if the area of the title deed is smaller than the area I bought?

If the area of the house exceeds 3%, you can choose to move out or change the house, and the developer will be responsible for compensating for the loss.

If the deed tax has been paid, apply for a refund at the deed tax collection department with the title certificate and contract.

The area of the title deed is not the same as the area used.

There are 3 areas on the real estate warrant. The first is the gross floor area. The second is the floor area of the suite. The third is the apportionment of the floor area.

The gross floor area is generally based on the data measured by the Survey and Mapping Institute under the Housing Authority. There is no physical measurement, so there are sometimes area errors. If you want to know the actual area of your property, you can ask a professional surveyor to measure it again according to the actual object.

In the signed "Real Estate Sales Contract", it is clearly stipulated that if there is an error between the actual area and the area agreed in the contract, the error shall not exceed 3%, (area error ratio = (actual valuation area - contract area) 100% of the contract agreed valuation area) shall be carried out in accordance with the principle of more refund and less compensation. If it exceeds 3%, the seller shall bear it, and the property rights shall belong to the buyer. Below, less or less, how much refunded.

You bought a 120-square-meter house, after measurement, found that the actual area is only 105 square meters, you think you have been cheated by the pit, but the developer has his statement, why the actual house area is smaller than the real estate certificate?

If the area of the real estate certificate is smaller than the actual area, the right holder or interested party may apply to the registration authority for correction of registration.

The area of the real estate certificate is smaller than the actual area, which can be caused by a variety of reasons. According to the provisions of the Civil Code of the People's Republic of China, the right holder may apply to the registration authority for correction of registration with relevant supporting materials. The interested party needs to obtain the written consent of the right holder to make the correction, or if there is evidence to prove that the registration is indeed wrong, the registration agency will make the correction.

If the right holder does not agree to the correction by the interested party, the interested party may apply for opposition registration. Note that if the interested party does not file a lawsuit within 15 days from the date of registration of the opposition, the registration of the opposition will become invalid. If the opposition is improperly registered and causes damage to the right holder, the right holder may claim damages from the interested party who made the application.

Therefore, interested parties must make reasonable use of the correction registration and opposition registration system. Don't miss the best time to defend your rights because you're afraid of trouble, and don't pay an extra amount of damages because you're smart.

Civil Code of the People's Republic of China

Article 220 Where the right holder or interested party believes that the matters recorded in the immovable property register are incorrect, they may apply for correction of the registration. Where the right holder recorded in the immovable property register agrees in writing to make the correction or there is evidence to prove that the registration is indeed in error, the registration authority shall make the correction.

If the right holder recorded in the immovable property register does not agree to the correction, the interested party may apply for registration of objection. If the registration authority registers the objection, and the applicant does not file a lawsuit within 15 days from the date of registration of the objection, the objection registration shall become invalid. If the opposition is improperly registered and causes damage to the right holder, the right holder may claim damages from the applicant.

The area on the real estate certificate is larger than the actual area, you should go to the window of the real estate bureau to go through the measurement procedures, and let the real estate bureau issue you a new real estate certificate after the measurement.

1.Once it is found that the scope of property rights is different from the actual one, it can be handled directly in accordance with the contract, and generally less than 3% can be settled according to the contract. 2.

When the actual area is greater than the contract and the error is less than 3%, the owner can pay the purchase price, but if the actual area is less than the contract, the house price can be refunded directly according to the actual area, and more than 3% can be asked to check out or refund.

The area of the real estate certificate generally has a shared area, which is larger than the actual room area, and each community has a common area, which is used by everyone, and it is also an area of land, so it can only be evenly distributed to the house area of each household in the community.

The area of the title deed is the result of the measurement of the housing management department.

If it does not match the actual area.

Corrections can be requested.

The area of the title deed is the sum of the actual area plus the shared area. If there is any doubt, you can apply to the local housing management department for reconsideration.

Legal analysis: in accordance with the contract.

Legal basis: "Measures for the Administration of the Sales of Commodity Housing" Article 20 If the price is calculated according to the construction area or construction area of the suite, the parties shall specify in the contract the handling of the error between the area agreed in the contract and the area of property right registration.

If the contract does not stipulate, the following principles shall be followed:

1) If the absolute value of the area error ratio is within 3% (including 3%), the house price shall be settled according to the facts;

2) If the area error exceeds 3% of the absolute value, the buyer has the right to move out. If the buyer moves out, the real estate development enterprise shall, within 30 days from the date on which the buyer proposes to move out, refund the price paid by the buyer to the buyer, and pay the interest on the price paid. If the buyer does not move out, if the registered area of the property right is greater than the area agreed in the contract, the buyer shall make up the price of the part of the house price within 3% (including 3%) of the area error ratio; The real estate development enterprise shall bear the part of the house price exceeding 3%, and the property right shall belong to the buyer.

When the registered area of the property right is less than the area agreed in the contract, the real estate development enterprise shall return the house price to the buyer if the absolute value of the area error ratio is within 3% (including 3%); The part of the house price exceeding 3% of the absolute value shall be returned to the buyer by the real estate development enterprise in double.

If the parties do not terminate the contract due to the difference in area caused by the change of planning and design provided for in Article 24 of these Measures, a supplementary agreement shall be signed.