The equipment platform is a space platform in a building designed for the operation of HVAC, air conditioning, plumbing, and electrical equipment and construction personnel. The structural form of the equipment platform is usually a space that is not connected with the interior, and the one that communicates with the interior is regarded as a balcony, and there are also situations where several adjacent households share an equipment platform.
According to the Beijing local standard "Technical Regulations for Measuring Housing Area" (DB11 T661-2009), the difference between the balcony and the platform is that regardless of whether the bottom plate is with the help of the lower roof or independent cantilever, and whether the bottom is a room or a balcony, the covered one above the platform is the balcony, and the uncovered one is regarded as the platform, and the fully enclosed balcony calculates the entire construction area according to its peripheral horizontal projection. Unenclosed balconies with a roof when the width of the balcony or the depth of the balcony is not less than 0At 60m, the balcony is not counted as floor area.
Therefore, the difference between the equipment platform and the balcony is generally divided into the above two aspects, one is whether it is connected with the interior;The second is whether there is a top cover. In the pre-sale or sale of commercial housing, there is a marketing method of transforming the equipment platform, increasing the area in the suite, and using the equipment platform as a "free area" to increase the attractiveness or competitiveness of the real estate. In the later stage, when the equipment platform is subject to administrative penalties by the regulatory authorities for rectification in terms of construction area calculation, housing price calculation, etc., and even the developer's marketing method, it is easy for buyers and developers to have disputes over the equipment platform.
1. Whether the equipment platform should be included in the construction area
State Bureau of Quality and Technical Supervision, "Code for Real Estate Surveying" (GBT 17986.).1-2000）8.2.3. The three provisions of "the operating platform, the loading platform and the platform that use the space of the building to place boxes and tanks" are not included in the scope of the construction area.
Article 3 of the Code for Calculating the Construction Area of Construction Projects (GBT50353-2013) issued by the Ministry of Housing and Urban-Rural Development0.Article 27 stipulates that the following items shall not be counted as floor area: ......5. The platform for the operating platform, the loading platform, the installation box and the tank in the building.
Ministry of Housing and Urban-Rural Development "Construction Area Calculation Standards for Construction Projects (Draft for Comments)" Article 32.24. Stipulate that the following buildings, building parts and structures shall not be counted as area: ......5. The equipment platform, operation platform, feeding platform of the building, the box and tank platform in the building;It is not included in the floor area.
According to the local situation, there are also relevant regulations on whether the construction area of the equipment platform should be calculated. For example, Article 4 of the Rules for Planning and Calculation of the Floor Area of Bay Windows, Equipment Platforms and Balconies in Tianjin (Gui Jian Zi No. 2009 No. 584, which has expired) stipulates that the equipment platform refers to the outdoor space that is open to the outside world for the shelving and maintenance of equipment such as air conditioning outdoor units and hot water units and is not connected with the internal space and balcony of the building. The equipment platform of household centralized refrigeration and hot water supply shall be determined according to the installation and use requirements, but the area shall be less than 4 square meters, and the area of the equipment platform for cooling and hot water shall be less than 1 square meter each, and the number shall not exceed the number of main building spaces.
If the above conditions are met, the equipment platform will not be counted as construction areaIf the above conditions are not met and the part exceeds the provisions, the construction area shall be calculated according to the horizontal projection area and included in the floor area ratio index.
Notice of Taizhou Municipal Construction Planning Bureau on Further Regulating the Setting of Building Bay Window and Equipment Platform (Taijian Gui 2011 No. 277) on equipment platform:
1) The equipment platform refers to the outdoor space that is open to the outside world for the shelving and maintenance of outdoor air conditioning units, hot water units and other equipment, and is not connected to the internal space and balcony of the building.
2) The setting of the equipment platform shall meet the following requirements: 1. The depth of the equipment platform shall not be greater than 21 m;2. The horizontal projection area of the equipment platform on each floor shall not be greater than the horizontal projection area of all balconies (including entrance platforms, verandahs, equipment platforms, etc.) on the floor 1 3;3. The equipment platform should be set up centrally. If it is truly necessary to disperse the setup, the number of installations shall not exceed the number of living rooms in the suite (referring to independent indoor living rooms such as bedrooms, living rooms, study rooms, and dining rooms).
3) The equipment platform that meets the above requirements shall not be included in the construction area;The equipment platform that does not meet the above setting requirements shall be calculated and included in the floor area ratio index according to the horizontal projection area of the equipment platform 1 2.
In summary, generally speaking, the equipment platform is an outdoor space that is not connected to the internal space and balcony of the building, and is not included in the construction area. However, it is also necessary to consider and pay attention to whether the device platform meets the standards of the national or local administrative departments for the identification of the device platform.
2. Whether the equipment platform is shared or exclusive by the owner
Paragraph 2 of Article 2 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over the Differentiated Ownership of Buildings stipulates that: "Terraces and other things that are planned exclusively for a specific house and which have been included in the sales contract of the specific house in accordance with the plan at the time of sale shall be deemed to be an integral part of the exclusive part referred to in the preceding paragraph." Therefore, to determine whether it is the exclusive part of the owner, it is necessary to look at: 1. It is exclusive to a specific house in terms of planning2. At the time of sale, it shall be included in the sales contract according to the plan. Generally speaking, the equipment platform is an outdoor space that is open to the outside world and is not connected to the balcony, which belongs to the owner. If the space is connected to the internal space of the building according to the plan, and the balcony with the construction area calculated according to the projected area, it belongs to the exclusive area of the owner. However, it should be further pointed out that if it is part of the exclusive part in the planning, it does not mean that the owner can carry out the renovation and construction at will. The owner shall not violate the original planning and design use of the equipment platform that belongs to the exclusive part, and obtain the approval of the relevant functional departments in advance before proceeding.
In the case of Su 0621 Min Chu No. 3243, according to the display of the as-built drawings of the seventh to 30th floors of the house involved in the case filed by the court ex officio with the Hai'an Housing and Urban-Rural Development Bureau, the north balcony and the west wall of the storage room of the defendant's house and the east wall of the plaintiff's house were marked as "equipment platforms", and the "K 2" air-conditioning reserved holes were marked on the above two walls (the air-conditioning holes were actually reserved for on-site investigation). Based on this, it can be confirmed that the equipment platform has a function shared by both owners. Through on-site investigation, the equipment platform originally had walls on three sides, and the north side was an open space, and its function had the function of placing air conditioning units for the owners, that is, the owners on both sides of the equipment platform had the right to use. Therefore, it was determined that the equipment platform belonged to the owners and did not belong to the exclusive area of the defendant.
3. The developer modifies the "free area" of the equipment platform without authorization
When the developer sells commercial housing, it attracts customers and publicizes the market with the marketing method of "area gift", increases the area of the house suite by giving away equipment platforms, balconies, etc., and displays it through brochures, sand tables, and sales staff introductions. This will increase the attractiveness and competitiveness of the property. However, whether such publicity constitutes an integral part of the contract and whether it is recognized as a contractual obligation of the developer needs to be comprehensively determined based on the sales of the project and the contract. Therefore, in the case of illegal renovations by the developer, there is a greater risk for the buyer.
Article 3 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Commercial Housing Sales Contracts (2020 Amendment) (Fa Shi 2020 No. 17) stipulates that the sales advertisements and promotional materials of commercial housing are invitations to make offers, but if the explanations and promises made by the seller on the houses and related facilities within the scope of the commercial housing development plan are specifically determined, and have a significant impact on the conclusion of the commercial housing sales contract and the determination of the housing **, it constitutes an offer. Even if the explanation and promise are not included in the contract for the sale and purchase of commercial housing, they should be the contents of the contract, and if the party violates it, it shall bear the liability for breach of contract.
In the case of Su 0621 Min Chu No. 3243 in 2018, the two defendants claimed that they had the right to use the equipment platform alone, and in order to prove their claim, they provided the court with a floor plan (photocopy) stamped with a special seal for the information of the housing construction unit, a screenshot of the poster and a "description of the donated area of the residence" (photocopy). In this regard, the court held that the floor plan of the house purchased by the two defendants in the poster issued by the shopping mall company to the owner when selling the real estate involved in the case did not indicate that the equipment platform was included in the scope of the house type, and in addition, the poster clearly stated: "This printed matter is only an invitation to make an offer, and the rights and obligations of the buyer and the seller shall be subject to the sales contract signed by both parties." In the contract for the sale and purchase of commercial housing provided by the defendant, the buyer and the seller did not stipulate in the contract that the right to use the equipment platform belonged to the two defendants. The two defendants held a copy of the "Explanation of the Donated Area of the Residence" issued to them by the shopping mall company, and asserted that they had the right to use the equipment platform involved in the case alone. Regardless of whether the "Statement of Facts" is authentic or not, as far as its content is concerned, its content involving the donated area is not legal, and the "Statement of Facts" has no probative effect on the two defendants' defense that they have the right to use the equipment platform alone.
In addition, it is particularly important to note that even if the developer's publicity about the equipment platform can be used as the content of the contract, if the publicity is inconsistent with the plan, the buyer cannot claim that the developer fulfills its contractual obligations or the exclusive right to the equipment platform, and can only require the developer to bear the corresponding liability for breach of contract. For example, according to the construction drawings approved by the Planning Bureau, the equipment platform of the real estate should be an enclosed space that is not connected to the interior, but in order to increase the selling point of publicity, the developer added windows on the exterior wall and opened the doors, transforming it into a space that communicates with the interior. If the developer modifies the equipment platform without authorization, resulting in the part being included in the construction area and included in the price of the house, the buyer may refuse to pay the price of the part of the house.
Fourth, the risk that may arise from the self-reconstruction of the equipment platform that belongs to the owner
After the developer delivers the house, the owner changes the planned use and structure of the equipment platform and closes the balcony by himself, which will not only infringe on the owner's co-ownership, but also need to bear tort liability to other co-owners, and there is also a risk of being subject to administrative penalties.
1. The risk of administrative penalties caused by the owner's self-closure of the equipment platform
The equipment platform is generally used to place the air conditioner outdoor unit, and the load-bearing standard is low, and it will be closed and transformed into indoor use after decoration, which will increase the load-bearing of the equipment platform and have potential safety hazards. In the case of Su 06 Xingzhong No. 192 (2018), the court held that Jiang's construction act was essentially to install aluminum alloy windows outside the hollow patio without planning permission, so as to enclose an enclosed space with the help of the walls of the legal building. The equipment platform belongs to the common part of the owner, and the closed equipment platform is integrated with Jiang's residence, which not only objectively increases the area of the private part, changes the original design and planning of the community and the original façade of the building, but also may cause potential safety hazards, which is an illegal construction behavior. Jiang's construction behavior does not belong to the situation where corrective measures can still be taken to eliminate the impact, so it should be demolished in accordance with law.
2. If the owner rebuilds the equipment platform by himself and infringes on the rights of others, he shall bear the corresponding tort liability
In the ninth of the top 10 typical cases released by the Jiaxing Intermediate People's Court to promote core values, the developer has set up an equipment platform for placing air conditioners on the corresponding exterior wall of the exclusive part of each house for the owners to use, which can meet their respective needs. The planning drawings indicate that only two air conditioners can be placed on the equipment platform involved in the case, and there are potential safety hazards when three units are placed. In order to expand his own exclusive space, the plaintiff, Mr. Wang, rebuilt the equipment platform by himself and occupied Ms. Ji's reasonable use of space, which should not be found to be an act of good faith and unfair. The Haining court held that the equipment platform at issue in this case belonged to the common part of the owner of the building, and the use of the common part was a reasonable extension of the exercise of the owner's exclusive right, but the premise of the owner's exercise of the right was reasonable use and did not harm the legitimate rights and interests of others.
To sum up, on the one hand, the illegal reconstruction of the equipment platform does not conform to the planning and design, and there are great potential safety hazards. If the developer reconstructs the equipment platform and sells it as a gift, once such a case is filed, it will mostly involve a group lawsuit by the buyer. When building, expanding and renovating commercial housing, the equipment platform should be implemented in accordance with the plan, which is conducive to the healthy development of the real estate market.