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Resettlement houses are generally divided into two main 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 market price) 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. Compared with ordinary commercial housing, this type of commercial housing is no different, it belongs to the private property of the resettled, there is no restriction on the transfer period, and it can be freely listed and traded.
Resettlement houses are titled, but they can't be listed for sale until five years later.
The following is the interpretation of the case: Can the resettlement house be traded after five years? Is there a title deed and title deed?
1.If there is a title deed and a state-owned land deed, there is no restriction on buying and selling a house.
2.If you have a title deed and a collective land deed, you must be a resident of the same village before you can buy or sell.
3.The process of handling the sale and purchase of resettlement houses is as follows: bring the demolition agreement, house plan, demolition permit, power of attorney of the demolition unit, large property right certificate of the demolition unit, initial registration form of the demolition house, my ID card, and the housing registration application form of the demolition unit stamped with the official seal of the demolition unit to the real estate affairs center.
Demolition and resettlement houses need to sign the "Housing Demolition Compensation Agreement" with the relocation department, and after signing the agreement, it will be handed over to the company undertaking the demolition, and then the real estate certificate can be processed.
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Generally, it is counted from the time on the title deed.
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Legal Analysis: Yes. If, when the seller concludes a contract for the sale and purchase of commercial housing, it deliberately conceals the fact that the house sold has been sold to a third party or resettles the house for demolition compensation, resulting in the contract being invalid or revoked or dissolved, the buyer may request a refund of the purchase price and interest paid and compensation for losses, and may request the seller to bear the liability for compensation not exceeding one time of the purchase price paid.
Legal basis: Measures of the People's Republic of China for Housing Registration
Article 4 Housing registration shall be handled by the housing registration agency where the house is located.
Article 13 The co-owners shall jointly apply for registration of a co-owned house. The registration of a change in the ownership of a co-owned house may be applied for by the relevant co-owners, but if the application for housing registration is due to a change in the nature of the co-ownership or the share of the co-owners, the co-owners shall jointly apply for it.
Article 33 To apply for registration of the transfer of ownership of a house, the following materials shall be submitted: (1) an application for registration; (2) Proof of the applicant's identity; (3) The certificate of ownership or real estate right of the house assigned to the property; (4) Materials proving that the ownership of the house has been transferred; (5) Other necessary materials. The materials in item (4) of the preceding paragraph may be sales contracts, exchange contracts, gift contracts, bequest certificates, inheritance certificates, division agreements, merger agreements, legal documents effective by the people's courts or arbitration commissions, or other materials proving the transfer of ownership of the house.
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Hello, the transaction after 5 years after getting the house refers to the transaction after getting the property right, that is, after 5 years, the buyer can obtain the property right of the purchased house and complete the transaction of the house. During this period, the buyer can use the house normally, but he does not have full ownership of the house and will not be able to obtain it until 5 years later. Secondly, after the transaction?
The transaction after 5 years of resettlement housing refers to the transaction after obtaining the property rights. After the expiration of the 5-year resettlement period, the resettlement house becomes the property of the buyer, and the buyer and the seller can enjoy the ownership of the house after completing the formalities in abiding by the "Housing Sales Contract", and can freely own, use, mortgage or transfer.
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Summary. In fact, it is possible to transfer the ownership in less than five years, as long as you get the certificate, but the individual income tax is 6.6 percent, and after five years, it is 1 percent, and the real estate certificate and land certificate are down together.
Hello, the transaction after 5 years of resettlement housing refers to five years after taking the property rights. Resettlement houses can only be traded after 5 years, although there is a difference between resettlement houses and Mingshang Blind Luye houses, but if the real estate certificate of the resettlement house is down, it can be traded after five years. As soon as the five-year period expires, you can pay the corresponding land transfer fee and deed tax and other taxes, and after applying for the real estate certificate and land certificate, you can freely buy and sell and transfer.
Grinding shouts. Generally speaking, your return to the old age can be based on the time agreed in the sales contract. The sales contract will record the specific time before the resettlement house obtains the property ownership certificate, and the specific date and time limit and date will be omitted as scheduled.
In fact, it is possible to transfer ownership in less than five years, as long as you get the certificate, but the individual income tax is 6.6 percent with beams, and after five years, it is 1 percent, and the real estate certificate and the land certificate of Suixing limbs are down together.
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Resettlement housing less than five years of buying and selling sellers is not necessarily illegal, demolition and resettlement housing is different from general commercial housing, whether the resettlement housing can be bought and sold first depends on whether the house has obtained property rights, in addition, it is also necessary to see whether there are local restrictions on resettlement housing. 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 housing, and there is no provision for restricting the external world, or the period of restriction on transfer has expired, such demolition and resettlement housing is no different from ordinary commercial housing, and such resettlement housing can be bought and sold.
There is a fee to be paid for the transfer of resettlement housing.
1. Transaction procedure service fee: 6 yuan square meter for residential housing (half charged for housing reform housing, affordable housing, and safe housing: 3 yuan square meter); Non-residential 10 yuan square meter. The buyer and seller each bear half of the burden.
2. Registration fee: 80 yuan for ordinary second-hand housing and residential buildings, and the buyer shall bear it.
3. Absolute land income (collection): Collected when housing reform housing, affordable housing, and housing projects are sold and transferred, and are levied at 2% of the normal transaction price of the house. Seller's assumptions.
4. Verification fee: 50 yuan.
5. Deed tax: the tax rate is 3%, which is levied according to the normal transaction transaction**; The deed tax rate of ordinary residential buildings purchased by individuals for self-use (construction area below 144 square meters, floor area ratio above You Hongye, transaction ** 4290 square meters) shall be halved and levied; If the demolition residents repurchase a second-hand house due to demolition, the part equivalent to the demolition compensation shall be exempted from deed tax, and if the transaction exceeds the demolition compensation, the deed tax shall be levied on the excess part. Buyer assumes.
6. Stamp duty: the tax rate is 1, which is levied according to the normal transaction transaction, and both parties to the transaction bear half of it.
Business tax and surcharge: If an individual purchases a non-ordinary house for less than two years and sells it externally, the business tax will be levied in full; If an individual purchases a non-ordinary house for more than two years (including two years) or sells an ordinary house for less than two years, the business tax shall be levied on the difference between the income from the sale of goods and goods minus the price of the purchased house; Individuals who purchase ordinary housing for more than two years (including two years) and sell it to the outside world are exempt from business tax.
Legal basis: Article 63 of the Land Management Law stipulates that "the right to use land owned by peasant collectives shall not be assigned, transferred or leased for non-agricultural construction; However, enterprises that conform to the overall land use plan and have obtained construction land in accordance with the law, except for the transfer of land use rights due to bankruptcy, merger, or other circumstances.
According to this law, collective land use rights are not allowed to be assigned, transferred or leased in principle.
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Legal Analysis: The policy that resettlement housing shall not be traded within five years is stipulated in the Administrative Measures for Affordable Housing.
Legal basis: "Measures for the Administration of Affordable Housing" Article 30 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 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 pay the relevant price such as land income and leakage, and the specific payment ratio shall be determined by the people of the city and county, and the first 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 liability for breach of contract should be clarified.
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Answer: Normal situation is no, no real estate certificate means that the current house does not belong to you in essence, that is, there is only the right to use, no property rights. For example, like a mortgage loan, you can't get a loan without a title deed. It's the same with trading.
The above is normal. Abnormal situations cannot be said to be absolutely possible, but it is possible. 1. It depends on the relationship between you and the buyer.
2. It depends on the relationship between you and the current housing manager. As long as one of the above two situations is true, it can be traded.
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After obtaining the property ownership certificate, the resettlement house can be traded directly.
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The date stated in the title deed shall prevail.
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From the moment you get your title deed.
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Calculated by the date of the title deed!
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