What is the difference between resettlement commercial housing and commercial housing?

Briefly explain the difference between relocation housing and commercial housing.

The difference between land ** and property rights. 1. The difference between property rights.

Many resettlement houses are not full property rights, that is, they have full ownership of the house, but they do not necessarily have full land use rights. The nature of the land for many resettlement houses is allocated land, that is, no transfer fee has been paid. The commercial house is full property rights, that is, complete house ownership and complete land use rights, and the nature of the land is transfer, that is, the land transfer fee has been paid.

Therefore, when the resettlement house is traded again in the future, it may be required to pay the land transfer fee. Of course, there is no requirement for resettlement housing transactions at present, but the law stipulates that it must be paid, so once the policy is introduced, it is likely to be paid.

2. Difference in quality.

Resettlement housing is often very limited in construction profits, so builders can often cut corners to increase profits. In addition, the supervision of functional departments is not effective or even colluded, resulting in the general quality of resettlement housing is not as good as that of commercial housing. Of course, there are also more responsible or demonstration projects and the like, and the quality of resettlement houses is relatively good, but there are not many, and it can be regarded as winning the lottery.

3. Restrictions on trading hours.

Many resettlement houses have a transaction time limit, which means that they cannot be listed for resale within a few years. There is no such regulation for commercial housing, as long as you buy an existing house that has been registered, it can be listed and traded. However, commercial off-plan properties are not allowed to be resold by law.

2) Distinction of property rights. Many resettlement houses do not have full property rights, with full house ownership, but not necessarily full land use rights. Commercial housing is with full property rights, full house ownership and complete land use rights.

3) Quality difference. Resettlement housing often has limited construction profits, so the construction of resettlement housing is generally not as good as that of commercial housing.

4) Restrictions on trading hours. Many resettlement houses have transaction time restrictions, that is, they are not allowed to be put on the market for sale for several years. There is no such provision for commercial housing.

5) Differences in Trading Restrictions. Because the resettlement object is a specific resettlement household, the purchase and sale of this type of house is not only regulated by laws and regulations, but also subject to the relevant local policies.

Legal basis: "Land Management Law of the People's Republic of China" Article 47 Where land is expropriated, compensation shall be given in accordance with the original use of the expropriated land. The compensation fee for the expropriation of cultivated land includes land compensation fee, resettlement subsidy fee, and compensation fee for ground attachments and seedlings.

The land compensation fee for the expropriated cultivated land shall be 6 to 10 times the average annual output value of the cultivated land in the three years preceding the expropriation. The subsidy for the resettlement of cultivated land shall be calculated according to the number of agricultural population to be resettled. The number of agricultural population to be resettled shall be calculated by dividing the amount of cultivated land expropriated by the average amount of cultivated land occupied by the expropriated units before land requisition.

The standard of resettlement subsidy for each agricultural population to be resettled shall be four to six times the average annual output value of the cultivated land in the three years preceding the expropriation. However, the resettlement subsidy per hectare of expropriated cultivated land shall not exceed 15 times the average annual output value of the three years preceding the expropriation. The standards for land compensation and resettlement subsidies for the expropriation of other land shall be prescribed by the provinces, autonomous regions and municipalities directly under the Central Government with reference to the standards for land compensation and resettlement subsidies for the expropriation of cultivated land.

The compensation standards for attachments and seedlings on the expropriated land shall be prescribed by the provinces, autonomous regions and municipalities directly under the Central Government. To expropriate vegetable land in the suburbs of the city, the land-using unit shall pay for the development and construction of new vegetable land in accordance with the relevant provisions of the State. In accordance with the provisions of the second paragraph of this article, the payment of land compensation fees and resettlement subsidies cannot enable the peasants who need to be resettled to maintain their original living standards, and the resettlement subsidies may be increased with the approval of the people of the provinces, autonomous regions, and municipalities directly under the Central Government.

However, the sum of the land compensation fee and the resettlement subsidy shall not exceed 30 times the average annual output value of the land in the three years preceding the expropriation. According to the level of social and economic development, under special circumstances, the standards of land compensation and resettlement subsidies for cultivated land may be raised.

Legal analysis: the difference between commercial housing and resettlement housing: 1. Resettlement housing refers to resettlement and demolition housing, and the land occupied is generally allocated land, and commercial housing is generally built on the transferred land; 2. Some resettlement houses cannot be freely transferred without complete property rights, while commercial houses can be freely transferred; 3. Some resettlement houses do not have property rights certificates, and commercial houses have property rights certificates.

Legal basis: Land Management Law of the People's Republic of China

Article 9 Land in rural areas and suburbs of cities shall be owned by peasant collectives, except as provided by law and owned by the State; Homesteads, self-cultivated land, and self-cultivated mountains belong to peasant collectives.

Article 11 The land owned by the peasant collectives belongs to the village peasant collectives in accordance with the law, and shall be operated and managed by the village collective economic organizations or villagers' committees; Where a farmer's collective is already owned by two or more rural collective economic organizations in the village, it shall be operated and managed by each of the rural collective economic organizations or villagers' groups in the village; Those that are already owned by township (town) peasant collectives shall be operated and managed by township (town) rural collective economic organizations.

Houses for residential use by the person being demolished or the tenant.

The so-called resettlement housing refers to the housing built by the resettlement of the demolished households when the urban road construction and other public facilities construction projects are carried out, that is, the demolition is carried out due to urban planning, land development and other reasons, and the resettlement housing is the house for the demolished person or tenant to live in.

In accordance with the regulations of the relevant parties, if the resettled person obtains such supporting commercial housing, the property right of the house belongs to the individual, but it cannot be listed and traded within 5 years of obtaining the ownership.

1. The difference in the nature of the land: the land nature of the resettlement house is completely different from the commercial house, the resettlement house is generally compensated to the demolition households, the land nature is the allocated land, and the commercial housing is the land obtained by the developer through the transfer of the land, and there is a certain difference between the two. However, if the property rights of the demolition and resettlement houses have been registered and the housing right certificate has been obtained, they can also be listed and traded.

2. The difference between property rights: the property rights of resettlement houses and commercial houses are different, resettlement houses can also be called incomplete property rights houses, housing rights are complete, but land use rights are not necessarily complete, and commercial houses have both, both complete housing rights and land use rights. In the sale and purchase transaction, the resettlement house may have to pay this part of the land transfer fee.

3. The difference in the quality of housing: the quality of resettlement housing is generally not as good as the quality of commercial housing, and commercial housing is still more important in terms of the amount of quality and liquid delay, and there is usually no major problem after purchase, on the contrary, resettlement housing will cut corners in order to reduce costs, which is the tofu slag project we talked about.

What to pay attention to in resettlement housing.

1. Look at the policy: Resettlement housing is the product of policy development, so not all resettlement housing can be bought and sold. If it is a resettlement house without a property right certificate, it is not allowed to be listed and traded in accordance with national regulations.

The buyer cannot buy, and even if it is bound by contract, it is mostly invalid and not protected by law.

2. Look at the time: some resettlement houses have property rights certificates, but they are not easy to buy, buyers need to pay attention to whether the resettlement houses are in transaction restrictions, and some resettlement houses are only allowed to be listed and traded after living for five years, and they also need to pay land transfer fees and other fees.

3. Look at the value: the resettlement house is low, the location is not too good, and the appreciation space is relatively small. Therefore, even resettlement houses that can be bought and sold should be purchased with caution.

It's also easy to lose money when reselling. Ordinary home buyers have too urgent housing needs and are willing to accept more complicated procedures to buy resettlement housing, and it is not cost-effective to buy it back, so real estate investors should not choose resettlement housing, and they will regret it when they buy it back.

The difference between commercial housing and resettlement housing:

1. Different definitions;

2. The land is different: the land for resettlement houses is allocated, so it is different from the normal commercial housing purchased. However, if the resettlement house has been registered and the house ownership certificate has been obtained, it can be listed and traded.

Therefore, it depends on whether the developer registers the property rights of the resettlement housing.

[Legal basis].

Article 2 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Disputes over Contracts for the Sale and Purchase of Commercial Housing.

If the seller has not obtained a certificate of pre-sale of commercial housing, the contract for the pre-sale of commercial housing concluded with the buyer shall be found to be invalid, but if the seller obtains a certificate of pre-sale license for commercial housing before filing a lawsuit, it may be found to be valid.

Article 6. Where a party requests confirmation of the invalidity of a commercial housing pre-sale contract on the grounds that it has not gone through the registration and filing formalities in accordance with laws and administrative regulations, it will not be supported.

If the parties agree that the registration and filing formalities shall be the condition for the pre-sale contract of commercial housing to take effect, the agreement shall prevail, unless one of the parties has fulfilled its main obligations and the other party has accepted it.

1. Property rights are different

There is a clear difference in property rights between resettlement houses and commercial houses, and most of the resettlement houses are not actually full property rights, which can be understood as having complete housing rights, but not necessarily complete land use rights. The nature of the land for many resettlement houses is allocated land, that is, the transfer fee has not been paid for the fiber destruction.

The commercial housing has full property rights, and the high-rise collapse means that it has complete housing rights and complete land use rights, and the nature of the land is to transfer the land, that is, to pay the land transfer fee. Therefore, when the resettlement house is traded again in the future, it may be necessary to pay the land transfer fee.

2. Transactions are limited by time

There are many restrictions on the transaction of resettlement houses, and many resettlement houses have great restrictions on the number of years of transactions, and resettlement houses are generally not allowed to be listed for resale within a few years. There is no such provision for commercial housing, as long as it is an existing house that has been registered, then it can be listed and traded, and it can be sold and sold. However, commercial housing is a ruined idea of off-plan housing, and resale is not allowed by law.

3. The quality of the house is different

The quality of commercial housing is generally not a major problem, but because the construction profits of resettlement housing are limited, construction businessmen usually cut corners and increase their own profits through these operations. As a result, the quality of resettlement housing is generally relatively poor.

There are differences in the definition of resettlement housing and commercial housing.

1. Resettlement housing refers to the houses built by the resettled households when they are carrying out urban road construction and other public facilities construction projects. In other words, it refers to the houses that are demolished for urban planning, land development, etc., and relocated for the residence of the demolition person or tenant. Most of the resettlement houses do not have full property rights, and more of the land is allocated in nature, that is, the land transfer fee has not been paid.

2. Commercial housing refers to all kinds of commercial housing that can be freely traded in the market according to laws, regulations and relevant regulations, and is not restricted by the first policy, including newly built commercial housing, second-hand housing (stock housing), etc. Commercial housing, on the contrary, is fully titled. The nature of the land of the commercial housing is transfer, and the land transfer fee has been paid.

If the resettlement house is to be re-traded in the future, it is very likely that the land transfer fee will need to be repaid.

Classification of resettlement housing

The first category is the supporting commercial housing built due to the relocation of residents due to major municipal projects or the low- and medium-priced commercial housing purchased. For example, the demolition of the World Expo on both sides of the Huangpu River. According to the regulations of the relevant parties, if the resettled person obtains this kind of supporting commercial housing, the property right of the house belongs to the individual, but it cannot be listed and traded within five years of obtaining the ownership.

The other type is the low- and medium-priced commercial housing (compared with the market price of Yanwang) that is demolished and relocated due to real estate development and other factors, and the demolition company resettles or purchases it on behalf of the resettler.

Because the resettlement object is a specific resettlement household, the purchase and sale of this type of housing is not only regulated by laws and regulations, but also subject to local policies, so it is very different from general commercial housing transactions. However, if the demolition and resettlement housing obtains the right to the house, and there is no provision for restricting the rough appearance, or the period of restriction on transfer has expired, there is no difference between such a demolition and resettlement house and an ordinary commercial house, and such a resettlement house can be bought and sold.

The above content refers to Encyclopedia - Resettlement Housing.