LOFT Apartment Construction Dispute Handling Research

Loft is a etymology coming from the western countries, means the upper floors of the old factory or warehouse. In the Oxford English dictionary, “LOFT” means "floor, top floor". LOFT house type was produced by the early western artists, they transformed the old factories into LOFT architectures, which had the characters of large spatial scale, flexible, rich and complete functions, and the artists could use as their art creative studio. This way of building slowly spread throughout the world, including China. Combined with the characters of LOFT architecture and domestic small apartment, the Chinese real estate developers created the "small area but large space" LOFT house type. This house type and skip-floor house type are very similar, just the skip-floor house type has clearer and stricter requirements in structure and property rights of ownership, so the loft apartment commonly known as "small skip-floor house" in China. In the opinion of the writer, the loft house type refers to the apartment which the height between floors in 6 meters, and housing area between 30-70 square meters. Its most important feature is that one layer can be divided into two layers, similar to the attic, but the owner has one floor property rights. And the second floor need to be set up separately, which could be identified as "interior decoration" by the housing and construction authorities. LOFT house type are more and more common in China because of the low residential cost but high use of large areas, these advantages win the majority of young people. Although this, it do not mean that all the LOFT house type apartment legal. It is legal if the LOFT house type existed as the indoor decoration, but once the public part or housing structure be changed, the situation will be illegal and giving rise to related interests disputes.This paper is based on a real LOFT house type illegal construction case with the interest disputes arising, expound and analysis the illegal situation of the LOFT house type decoration, seek the interests of disputes resolutions. A state-owned nature of the real estate developers(hereinafter referred to as developers) evade all loft building liabilities and risks to its marketing planning company(hereinafter referred to as the marketing company) and the property buyers through various agreements and terms, but the marketing company has no ability to repay, so how to get developers also bear the corresponding responsibility to repay is the focus and problem of this paper. And there are mainly three parts of this paper:The first part is to explain the illegal situation of the case, analysis the legal issues of which. For examples, the responsibilities division of the exclusive sale agreement and consignment agreement, the existences of false advertising, contract fraud and other circumstances.The second part is to analyze the problems and find the solutions. Such as civil way, administrative way, criminal and civil administration way, and the combination of civil and administrative methods, and choose the best interests of both parties to maximize the same time with the actual operability of the method.The third part is to in expound the risks and problems that may exist in the process of practice.