What is the difference between commercial housing and fund raising housing?

Now there are many people who buy fund-raising housing, but everyone's understanding of fund-raising housing is actually not right, I believe that many people have heard of fund-raising housing, that is because the ** of fund-raising housing is often more than commercial housing, so what is the difference between fund-raising housing and the nature of commercial housing?

Generally, the state-owned units come forward to organize and provide their own state-owned allocated land for building land, and the state gives a reduction or exemption of part of the taxes and fees, and the employees who participate in the fund-raising partially or fully fund the construction, and the houses are returned to the employees after completion, and are not external. Property rights can also be shared by the unit and the employee, and after a period of time, the transition is made to the individual employee.

If the property right has been completely transferred to the hands of the employee and can be bought and sold, the seller needs to pay 1% more land transfer fee than the commercial house, so that the buyer will buy the commercial house. However, if the property right is not completely transferred to the employee, then the employee needs to negotiate with his or her employer to let the employee fully own the property right, otherwise the transfer shall not be allowed.

Fund-raising housing: small property rights housing, now the state has policies to buy and sell, the transaction is a commercial house, except for paying taxes, there is no difference.

1. Is the land allocated? If so, the developer wants to convert the land into land for transfer (to pay the land transfer fee) 2, the fund-raising housing does not need to pay tax, and the commercial housing has to pay tax. 3. The land is allocated and cannot be used for housing loans according to the requirements.

The difference between fund-raising housing and commercial housing is mainly whether the ownership certificate of the house is complete. The proof of ownership of the commercial house, such as the real estate certificate and the land use right certificate, is complete, and the fund-raising house may only have limited property rights, such as only the real estate certificate but not the land certificate.

[Legal basis].

Article 30 of the Measures for the Administration of Affordable Housing provides that buyers of affordable housing have limited property rights. If the buyer really needs to transfer the affordable housing for special reasons, it shall be repurchased according to the original and considering factors such as depreciation and price level. After purchasing affordable housing for 5 years, if the buyer goes on the market to transfer the affordable housing, he shall pay the land income and other relevant prices to ** according to a certain proportion of the difference between the price difference between the ordinary commercial housing and the affordable housing in the same area at that time, and the specific payment ratio shall be determined by the people of the city and county, and the ** can be repurchased first; The buyer can also obtain full property rights after paying the relevant price such as land income to ** in accordance with the standard set by **.

The above provisions should be set forth in the affordable housing purchase contract and the relevant liability for breach of contract should be clarified.

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Pooled housing is to change the system of housing construction contracted by the state and units, and implement the three aspects of the joint responsibility of **, units and individuals, and build houses by raising funds. 2. General commercial housing is a product independently developed by real estate developers, and then realizes its value and use value through the market buying and selling relationship, which is a complete market operation behavior. 3. The consumer groups of general commercial housing are wide and there are no special restrictions.

What is the process of compensation for the demolition of the house 1. The planning and management department shall notify the district and county authorities where the demolished houses are located after issuing the planning permit for construction land and determining the scope of demolition. 2. The district and county ** organs notify the public security organ where the house is located to control the moving in of residents' permanent residence and stop handling the procedures for dividing residents' permanent residence registration; The housing management department and the housing business unit shall stop handling the formalities of buying, selling, exchanging, disposing of property, dividing, donating, and dividing households; The demolished unit shall stop the reconstruction, expansion and decoration of buildings and crops; The local administrative department for industry and commerce shall stop issuing business licenses. The above-mentioned notice shall be published in the form of an announcement, and the period of suspension shall be 12 months, and if it is necessary to extend, it shall be submitted to the district or county real estate management bureau where the demolished house is located.

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Questions. In 2004, when the company applied for the real estate certificate, the company asked to pay yuan, and in 2004 I got the real estate certificate, and the land transfer fee was paid before the real estate certificate, otherwise I would not be able to apply for the real estate certificate. Before 2011, the company returned 30,000 yuan to employees, because I had left the company, negotiated with the company's leaders, and the company's leaders refused to return the money to me on the grounds of welfare housing, and in 2011, the company required employees to pay land transfer money for land certificates.

However, the company refused to apply for a land use right certificate for me on the grounds that I did not pay the land transfer fee. Whether the company is breaking the law by doing so. Illicit.

Legal analysis: There are the following differences between fund-raising housing and commercial housing: 1. Land use rights

Commercial housing is obtained by transferring land use rights, and the acquisition methods are mainly through bidding, auction, listing and market transfer. The fund-raising housing obtains the right to use the allocated land. Therefore, when the fund-raising housing is listed for trading, leasing, mortgage and inheritance, the land transfer fee should be paid to the relevant departments2. Procedures for application:

The real estate development company must have both. "Planning Land Permit", "Construction Planning Permit", "Commencement Permit", "Land Use Certificate", "Housing Sales Permit". The land for the fund-raising housing is mainly obtained through ** allocation, and the relevant taxes and fees are exempted.

Therefore, the handling of various procedures in the process of bidding for the construction of fund-raising housing is different from the process of general commercial housing development3. Whether there are restrictions on buying and selling: commercial housing is a kind of product, which is independently developed by real estate developers, and then realizes the value and use value through the market buying and selling relationship, which is a complete market operation behavior. Therefore, there is no special restriction on the consumer group.

Pooled housing is built through units, social organizations, and housing cooperatives, mainly to solve the housing problems of low- and middle-income families within the established scope of units and social organizations, and there is no relationship between buying and selling, and it is a non-market behavior.

Legal basis: Measures for the Administration of Affordable Housing

Article 2 The term "affordable housing" in these measures refers to the policy housing that provides preferential policies, limits the area of the set and sales, is built in accordance with reasonable standards, and is oriented to urban low-income families with housing difficulties.

The term "urban low-income housing difficult families" in these measures refers to the families whose family income and housing status meet the conditions stipulated by the city and county people within the scope of the town where the city and county people are located.

Article 3 The affordable housing system is an integral part of the policy system for solving the housing difficulties of low-income families in urban areas. The targets of affordable housing** should be linked to the recipients of low-rent housing. The construction, use, supervision and management of affordable housing shall comply with these measures.

Article 4: The development of affordable housing shall be under the guidance of the unified national policy, with all regions taking measures according to local conditions, leading the way, and with social participation. The people of the city and county shall, according to factors such as the level of local economic and social development, the housing status and income level of residents, reasonably determine the policy objectives, construction standards, scope and objects of affordable housing, and organize their implementation. The people of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for the work of affordable housing in their respective administrative regions, and shall implement the target responsibility system for the management of the people of the cities and counties under their jurisdiction.

1. What are the differences between fund-raising housing and commercial housing?

1. The differences between fund-raising housing and commercial housing are as follows:

1) The definition is different. Commercial housing is a product independently developed by real estate developers; Fund-raising housing is built by units, social organizations and other organizations;

2) Different land use rights. Commercial housing is obtained by transferring land use rights, and the acquisition methods are mainly through bidding, auction, listing and market transfer; The fund-raising housing obtains the right to use the allocated land; Therefore, when the fund-raising housing is listed for trading, leasing, mortgage and inheritance, the land transfer fee should be paid to the relevant departments

3) The application procedures are different. The land of commercial housing is mainly acquired by bidding, auction and other means; The land for the fund-raising housing is obtained through ** allocation, and the relevant taxes and fees are exempted;

4) Differences in buying and selling restrictions.

2. Legal basis: Article 347 of the Civil Code of the People's Republic of China.

The establishment of the right to use construction land may be carried out by means of transfer or allocation.

Industrial, commercial, tourism, entertainment and commercial residential and other business land, as well as the same land with two or more intending land uses, shall be transferred by means of bidding, auction and other public bidding.

Strictly restrict the establishment of the right to use construction land by way of allocation.

Article 353.

The holder of the right to use construction land has the right to transfer, exchange, contribute, donate or mortgage the right to use construction land, except as otherwise provided by law.

2. What is the nature of the fund-raising housing?

The nature of the pooled housing is as follows:

1. The housing built with funds is an integral part of affordable housing, and the construction standards, preferential policies, objects, and property rights relations shall be implemented in accordance with the provisions of affordable housing;

2. The fund-raising housing is managed according to the affordable housing, if the complete property rights are obtained after paying the corresponding amounts, the real estate certificate of the fund-raising housing belongs to the type of commercial housing, and if the complete property rights are not obtained, it belongs to affordable housing.