The right to dwelling, what is the right of residence

What is Residency? To put it simply, it means that the occupant has the right to occupy and use the owner's house in accordance with the agreement with the owner of the house to meet the needs of life and residence. Houses with the right of residence generally cannot be transferred, inherited or leased unless otherwise agreed by the parties.

There is no concept of the right of residence, the right of residence is actually included in the ownership, and the ownership includes the four powers of possession, use, income and disposal. The right of residence is similar to possession and use.

The legal definition of a residential property is as follows:

1. Ordinary housing is not the same as ordinary housing, and the two cannot be mixed. Ordinary dwelling generally refers to the entire building, while ordinary dwelling refers to a single dwelling. The following Legal Express will give you a detailed answer to the definition of ordinary housing in law;

2. Ordinary residential buildings refer to residential buildings built in accordance with the general civil residential building standards of the locality.

The differences between ordinary and non-ordinary houses are as follows:

1. Ordinary residential buildings: refers to residential houses built according to the general civil residential building standards of the locality. At present, most of them are multi-storey residential buildings and high-rise residential buildings.

Multi-storey residential buildings refer to buildings with 2-6 floors (including 6 floors); Gaoxiang high-rise residential buildings refer to buildings with more than 6 floors, and high-rise residential buildings are mostly equipped with elevators. The distinction between ordinary and non-ordinary residential buildings is due to the inconsistency in the definition of multi-storey and high-rise in various places, and the classification criteria can be determined according to the actual situation.

2. Non-ordinary residential: the building floor area ratio of the residential community is below (exclusive; (In addition to high-end villas, ordinary residential buildings are generally held in, and this can basically not be considered) a single set of construction area of more than 140 square meters (including 140 square meters).

Legal basisArticle 366 of the Civil Code.

The owner of the right of residence, Que Nianqing, has the right to occupy and use the usufruct of another person's residence in accordance with the contract, so as to meet the needs of life and residence.

A house with the right of occupancy refers to the de facto use of the house by the owner according to the performance of the house. The homeowner can rent the house to others to use the Kai Siang Cave without losing ownership of the house himself. The right to occupy a house is a kind of usufructuary right, which refers to the right to occupy and use the housing and its ancillary facilities owned by others.

The right of residence is established free of charge, and where the right of residence is established, an application for registration of the right of residence shall be made to the registration authority.

Article 368 of the Civil Code of the People's Republic of China: The right of residence is established free of charge, unless otherwise agreed by the parties. In the case of the establishment of the right of residence, an application for registration of the right of residence shall be made to the registration authority. The right of residence is established at the time of registration.

The right to housing is a personal right, and the inviolability of housing belongs to the right to personal liberty of our citizens.

Legal basis: Article 245 of the Criminal Law of the People's Republic of China Whoever illegally searches the body or residence of another person, or illegally trespasses into another person's residence, is sentenced to up to three years imprisonment or short-term detention.

Where judicial personnel abuse their authority and commit the crimes described in the preceding paragraph, they are to be given a heavier punishment.

The right of occupancy refers to the actual use of the house by the owner according to the performance of the house. Similarly, through certain legal contracts, non-owners of the house can also obtain the right to use the house. The homeowner rents the property to others and does not lose ownership of the property.

The right to occupy a house is a kind of usufructuary right, which refers to the right to occupy and use the housing and its ancillary facilities owned by others. The right of residence can be established according to a will or bequest, or it can be agreed in a contract.

Article 368 of the Civil Code provides that the right of residence shall be established free of charge, unless otherwise agreed by the parties. Where the right of residence is established, an application for registration of the right of residence shall be made to the registration authority. The right of residence is established at the time of registration. (The Civil Code will come into force on January 1, 2021).