The nature of the land for the resettlement house 10, the nature of the land for the resettlement ho

Generally, it is a state-owned return land, and you can also use reserved land or returned land to build resettlement houses for you, mainly depending on the land has a land acquisition approval document, or you can see if it says collective land use right certificate or state-owned land use right certificate after you get the real estate certificate or land certificate. Whether it is collective or state-owned, resettlement housing seems to be allocated, that is, if you want to sell, you have to pay the land premium before you can transfer the ownership.

Transfer. It belongs to state-owned land.

Allocation refers to the state-owned land use right obtained by the people at or above the county level in accordance with the law, after the land user pays compensation, resettlement and other fees, or the state-owned land use right obtained free of charge after the approval of the people at or above the county level in accordance with the law.

There is no specific service life for land acquired by way of allocation, and as long as the above-ground objects are not destroyed and the state does not expropriate them, the land use right exists. However, when the houses on the allocated land are transferred, they need to go to the land and resources management department to go through the transfer approval procedures and pay the land transfer fee. At present, such situations are all policy-based housing such as housing reform housing, fund-raising housing, poverty relief housing, and resettlement housing.

Most are; If it is done by real estate developers, the nature of the land can be changed; It is better if it is pulled out by the state, and it can be listed and traded after paying the land tax, but it will be 5 years later; For details, you can ask the local demolition office;

It shouldn't be, you can check it out with the land management department.

Resettlement houses have the right to use the land. Demolition and resettlement houses are houses built by the resettlement of demolished households when urban road construction and other public facilities construction projects are carried out. Resettlement housing, like commercial housing, also has the right to use land.

In addition, in addition to land compensation, a certain amount of resettlement subsidies will also be paid for land expropriation, so as to protect the right of rural villagers to live and their legitimate rights and interests in housing property.

Article 48 of the Land Management Law shall provide fair and reasonable compensation for land expropriation to ensure that the original living standards of land-expropriated farmers are not reduced and their long-term livelihood is guaranteed. Land expropriation shall be paid in full in accordance with the law and at the time of sliding, land compensation, resettlement subsidies and compensation for rural villagers' houses, other above-ground attachments and seedlings, etc., and social security expenses for the land-expropriated farmers shall be arranged. The standards for land compensation and resettlement subsidies for the expropriation of agricultural land shall be determined by the provinces, autonomous regions and municipalities directly under the Central Government through the formulation and publication of comprehensive land prices for the districts.

The formulation of comprehensive land prices for areas shall comprehensively consider factors such as the original use of land, land resource conditions, land output value, land location, land supply and demand, population, and economic and social development level, and shall be adjusted or re-published at least once every three years. The compensation standards for expropriation of land other than agricultural land, above-ground attachments and seedlings shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government. For the houses of rural villagers, the wishes of the rural villagers shall be respected in accordance with the principle of compensation before relocation and improvement of living conditions, and fair and reasonable compensation shall be given by means such as rearranging homestead land for construction, providing resettlement housing, or monetary compensation, and compensating for the costs of relocation and temporary resettlement caused by expropriation, so as to protect the rural villagers' right to live and their lawful rights and interests in housing property.

Local people at or above the county level shall include land-expropriated farmers in the corresponding social security systems such as old-age pensions. The social security expenses of land-expropriated farmers are mainly used for social insurance payment subsidies such as pension insurance for eligible land-expropriated farmers. Measures for the collection, management and use of social security expenses for land-expropriated farmers shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government.

The types of land for resettlement housing include collective land, state-owned land, and state-owned allocated land. Resettlement houses on collective land cannot be listed and traded, resettlement houses on state-owned land can only be listed and traded after obtaining real estate certificates, and resettlement houses on state-owned allocated land can be listed and traded after paying the land transfer money.

Article 39 of the Law on the Administration of Urban Real Estate Zheng Feng, who obtains the land use right by way of transfer, shall meet the following conditions when transferring real estate: (1) In accordance with the transfer contract, all the land use right transfer fees have been paid and the land use right certificate has been obtained; (2) In accordance with the provisions of the transfer contract, if the investment and development is carried out, it is a housing construction project, and more than 25% of the total development investment is completed, and if it belongs to a piece of development land, it is an industrial land or other construction land condition. Article 40 Where land use rights are obtained by way of allocation, the transfer of real estate shall be reported to the people with the right of approval for examination and approval in accordance with the provisions of the People's Republic of China.

If the people who have the right to approve approve the transfer are approved, the transferee shall go through the formalities for the transfer of land use rights and pay the land use right transfer fee in accordance with the relevant provisions of the state.

The resettlement house can be issued with the real estate certificate when the five certificates are complete, the community supporting facilities and the community itself are qualified. Resettlement housing refers to the houses that are demolished for urban planning, land development and other reasons, and relocated to the demolished persons or tenants for residential use. It is usually in the process of demolishing and rebuilding the land allocated by the people for the implementation of land reserves, the construction of non-operating public welfare projects, the construction of urban infrastructure and the construction of military facilities, etc., and the residential houses that are sold to the demolished people with the urban household registration (including agricultural occupations) of the city are determined and set in area.

The nature of the resettlement real estate right is characterized as affordable housing, but it is not subject to the restriction of "five years of prohibition on sale" of ordinary affordable housing, and the buyer shall pay the land transfer fee according to 3 of the transaction amount for listing transactions.

The policy stipulates that the property rights of the resettlement houses in the functional core areas of the capital that are acquired by way of allocation and used to resettle and relieve residents shall be the right to accept the poor and suitable real estate. However, these resettlement houses are not subject to the restrictions of ordinary affordable housing transactions. Ordinary affordable housing purchased for less than 5 years shall not be listed and traded; After 5 years, according to the policy of "new housing new methods, old housing old methods", the land income shall be paid, and the maximum amount of 70 yuan shall be paid for the difference in the housing price of similar commodities in the same location.

There is no limit to the transaction time of the resettlement houses in Xindongcheng and Xinxicheng, and the purchaser only needs to pay the land transfer fee according to 3% of the transaction amount.

1. What are the classifications of resettlement housing?

Demolition and resettlement houses are generally divided into two categories:

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 price of the city's sedan car) that is demolished due to real estate development and other factors, and the demolition company resettles or purchases it on behalf of the resettler.

2. What are the main advantages of resettlement housing?

1. It is an existing house, and some of the early resettlement houses are strategically located and the community is more complete;

2. The house type is moderate, mainly small two-bedroom, small three-bedroom, and partial-middle three-bedroom, that is, the vast majority of the units with a construction area of 120 square meters are numerous, and most of them are multi-storey buildings.

3. The quality of the unified housing is relatively stable;

4. Relying on the geographical advantages and community supporting advantages, the appreciation rate of resettlement housing is consistent with the economic growth cycle, and the growth rate is relatively fast.

What's more, if these resettlement houses do not have property rights, they will generally be lower than the market price.

Of course, there is another objective reason, the owners of resettlement houses often enjoy multiple sets of **, so that they have the best needs and possibilities.

Demolition and resettlement houses are divided into three types according to the nature of land: demolition and resettlement houses in the nature of collective land, demolition and resettlement houses in the nature of state-owned land transfer, and demolition and resettlement houses in the nature of state-owned allocated land. Legal basis:

Law of the People's Republic of China on the Management of Urban Real Estate Article 23 The allocation of land use rights refers to the act of handing over the land to the land users after paying compensation, resettlement and other expenses after the approval of the people's governments at or above the county level in accordance with the law, or the delivery of land use rights to land users free of charge.

Legal Analysis: Demolition and resettlement houses are divided into three types due to the nature of land: demolition and resettlement houses in the nature of collective land, demolition and resettlement houses in the nature of state-owned land, and demolition and resettlement houses in the nature of state-owned allocated land.

Legal basis: "Law of the People's Republic of China on the Management of Urban Real Estate" Article 23 The allocation of land use rights refers to the act of handing over the land to the land users after paying compensation, resettlement and other expenses after the people at or above the county level approve the law, or deliver the land use rights to the land users free of charge.