Is it legal not to trade a new home for five years?

The staff of Hejian City, Hebei Province confirmed to reporters that the city issued a new policy for real estate regulation, which stipulates that the city's household registration households are limited to two sets of ordinary housing, and new housing purchases are not allowed to be traded within five years.

The new policy stipulates that the housing purchase restriction policy will be implemented in the main urban area of Hejian City, and households with household registration in the city who already own two or more houses in the main urban area are temporarily prohibited from purchasing ordinary commercial housing (144 square meters and below). Strict pre-sale management of commercial housing. Newly purchased housing (including newly built commercial housing and second-hand housing) shall not be traded within five years.

The starting time shall be subject to the online filing time of the commercial housing sales contract, and the transaction can only be made after five years from the date of online filing of the commercial housing sales contract and the real estate registration ownership certificate is obtained.

The new policy clarifies that the differentiated housing credit policy will be implemented, the down payment ratio of housing provident fund loans will be adjusted, and the acceptance of non-local personal housing loans of the housing provident fund will be suspended. Strictly control the bidding for commercial housing land, reasonably arrange the timing, scale and area of land according to the city's demand for commercial housing land, start the land work in a timely manner, and stabilize market expectations.

It is understood that Hejian City is close to Gaoyang and Renqiu, bordering Xiong'an New Area, adjacent to Xian County in the south, located in the center of the Beijing, Tianjin, Shi (Shijiazhuang) triangle, 189 kilometers away from Beijing in the northeast, and 183 kilometers away from Tianjin.

Effectively stop speculation.

The news comes from NetEase News.

This local policy is different, the local government has the authority to regulate the housing market, if the sale is restricted, the corresponding regulations should be introduced. You can use the restricted sales regulations of your location, subject to the regulations.

Legal analysis: Newly bought houses can be traded as long as the real estate certificate is issued and there is no bank mortgage, but because the housing less than five years old needs to pay business tax, many people sell it after 5 years after the real estate certificate is processed, but on October 30, 2017, the business tax was abolished and replaced by value-added tax.

Legal basis: Law of the People's Republic of China on the Administration of Urban Real Estate

Article 38 The following real estate shall not be transferred:

1) Where the land use right is obtained by way of transfer, it does not meet the conditions provided for in Article 39 of this Law;

2) Where judicial or administrative organs make rulings or decide to seal up or otherwise restrict real estate rights in accordance with law;

3) recovering the right to use land in accordance with law;

4) Co-ownership of real estate, without the written consent of the other co-owners;

5) the ownership is disputed;

Article 39 Where land use rights are obtained by way of transfer, the following conditions shall be met when transferring real estate:

A) in accordance with the transfer contract has paid all the land use right transfer fees, and obtained the land use right certificate;

2) In accordance with the provisions of the transfer contract for investment and development, if it is a housing construction project, more than 25% of the total development investment shall be completed, and if it belongs to a piece of development land, it shall form industrial land or other construction land conditions.

If the house has been completed at the time of the transfer of real estate, the house ownership certificate shall also be held.

6) Failure to register and receive a certificate of ownership in accordance with law;

7) Other circumstances where laws or administrative regulations prohibit transfer.

Legal analysis: General commercial housing is not allowed to be traded within five years, but business tax must be paid within five years, which has been changed to two years. The buyer needs to pay deed tax and stamp duty.

Legal basis: Article 38 of the Law of the People's Republic of China on the Management of Urban Real Estate The following real estate shall not be transferred:

1) Where the land use right is obtained by way of transfer, it does not meet the conditions provided for in Article 39 of this Law;

2) Where judicial or administrative organs make rulings or decide to seal up or otherwise restrict real estate rights in accordance with law;

3) recovering the right to use land in accordance with law;

4) Co-ownership of real estate, without the written consent of the other co-owners;

5) the ownership is disputed;

6) Failure to register and receive a certificate of ownership in accordance with law;

7) Other circumstances where laws or administrative regulations prohibit transfer.

Analysis of the law of the law:

Generally, commercial housing is not allowed to be traded within five years, but business tax is payable within five years, which has been changed to two years. The buyer needs to pay deed tax and stamp duty.

Legal basis: Article 38 of the Law of the People's Republic of China on the Management of Urban Real Estate The following real estate shall not be transferred:

1) Where the land use right is obtained by way of transfer, it does not meet the conditions provided for in Article 39 of this Law;

2) Judicial organs or administrative organs have made rulings or decisions to seal up or otherwise restrict real estate rights in accordance with law;

3) recovering the right to use land in accordance with law;

4) Co-ownership of real estate, without the written consent of the other co-owners;

5) the ownership is disputed;

6) Failure to register and receive a certificate of ownership in accordance with law;

7) Other circumstances where laws or administrative regulations prohibit transfer.