Can you buy a commercial and residential house, can you buy a commercial and residential house

Legal Analysis: Yes. Commercial and residential houses can be bought, but you must think carefully before buying, the property rights of commercial and residential houses are generally only 40 or 50 years, and the water, electricity and property costs of commercial and residential houses are all commercial standards, much higher than residential projects, and various taxes and fees are also higher than ordinary residences.

There is no restriction on the purchase of commercial and residential houses, nor is it subject to mortgage restrictions, but this kind of house cannot enjoy the tax incentives of ordinary commercial housing. The loan term is generally not more than 10 years, the down payment is higher, about 50%, much higher than 30% of the first ordinary house, the loan interest rate is times that of the ordinary house, and you cannot apply for a provident fund loan. The most important point is that commercial and residential houses cannot be settled, and commercial and residential houses generally cannot be moved into the hukou, which means that even if there are good educational resources in the surrounding area, children cannot move in because of the hukou.

This has virtually caused inconvenience to the owner's life and study. When considering buying a commercial and residential property, you must consider it well, and if you live for a long time and have not settled down, it is not recommended to buy it.

Legal basis: Civil Code of the People's Republic of China

Article 464:A contract is an agreement between civil entities to establish, modify, or terminate a civil legal relationship. Marriage, adoption, guardianship, and other agreements related to status relationships shall be governed by the laws and regulations on such status relationships; Where there are no provisions, the provisions of this Part may be applied by reference on the basis of their nature.

Article 465:Contracts established in accordance with law are protected by law. A contract established in accordance with law shall only be legally binding on the parties, unless otherwise provided by law.

Not worth buying.

As long as there is a property right certificate for commercial and residential houses, it is still possible to register the sale and purchase under the registration of the housing sales management office. However, in terms of service life, the policies related to water and electricity charges are not very good compared with general commercial housing.

The term of commercial land is generally 40 years of property rights, residential land is 70 years, and commercial and residential houses are generally 40 years of property rights. Utility bills, commercial and residential houses are generally commercial water and electricity, which should be higher and increase your cost of living. Settling down and going to school to build a house on commercial land is itself an existence outside the legal line, so it is a big problem to settle down and go to school in the future, so it is not worth it.

If you want to live, it's better not to buy it.

"Commercial and residential", as the name suggests, is a house that can be used for both office and residence. The main concern of buyers is whether it can be used for residence?

In fact, "commercial and residential" is the concept of developers, and land use planning of this nature is generally comprehensive land, mainly for commercial and office purposes.

Some people think about buying this kind of house for living, it may seem that it is much cheaper than a residential house, because it is a commercial land, the cost of the developer to take the land is much lower, you must know that the developer will not do charity.

This kind of house is mainly built according to commercial use, so its living attributes are very poor, it is uncomfortable to live for a long time, there is often no gas, there is no balcony, the area of the suite is small, the partition is depressed, and the office environment is noisy.

This type of house property fee and water and electricity are calculated on a commercial basis, increasing the cost of use. If you are taking out a loan, the down payment is 50 percent, the loan term is up to 10 years, and you have to pay more taxes whether you buy or sell it. There are also those who do not support settling down, and buying such a house will not solve the problem of children's schooling.

In order to avoid false advertising by developers, it is best to go to the convenience window of the first place to apply to check the planning attributes of this kind of real estate, whether it is allowed to live, and be sure to see whether the basic attributes of the house are written in the basic attributes when signing the purchase contract, if not, no matter what the developer says, do not buy.

Commercial and residential houses can be bought, but the premise is that there must be independent property rights, divided into households, to facilitate subsequent transfers, and another point is the nature of the land of the house, followed by collective land, or through legal auction, the housing authority has the land for the record, and finally there is no pre-sale certificate, if these are available, you can consider. The only thing involved is the budget and use, if you plan to live in your own budget is enough, it is recommended to choose a residential community, compared to the residential community is used to live, the living environment, the crowd and so on are better, but if you buy it to do the company's office, the commercial and residential building is more suitable, so as to solve the work, you can also occasionally have a rest room, very good.

"The property rights of commercial and residential dual-use houses are generally only 40 or 50 years, and the water, electricity and property costs of commercial and residential dual-use houses are all commercial standards, much higher than residential projects, and various taxes and fees are also higher than ordinary residences. "Be cautious in your own situation.

There should be a problem, if you buy it yourself? If you don't think about selling it in the future, it won't have any impact, because such houses have big title deeds. It's more cumbersome to buy and sell.

According to the relevant provisions of the Interim Regulations on the Assignment and Transfer of Urban State-owned Land Use Rights revised in 2020, commercial and residential houses belong to comprehensive or other land uses, and their property rights are 50 years, so commercial and residential houses can be purchased, but the term is shorter than that of general residential land.

Legal basis: Article 12 of the Interim Regulations of the People's Republic of China on the Assignment and Transfer of Urban State-owned Land Use Rights The maximum term of land use right transfer shall be determined according to the following purposes: (1) 70 years for residential land; (2) 50 years of industrial land; (3) 50 years of land for education, science and technology, culture, health, and sports; (4) Commercial, tourism and entertainment land for 40 years; (5) Fifty years for comprehensive or other land use.

It is not recommended to buy a commercial and residential house, because there will be more problems in the later stage:

1. In terms of taxes and fees, the taxes and fees of residential buildings are different from those of commercial buildings, and the taxes and fees of commercial buildings will be more expensive.

2. If the water and electricity costs of the house are paid according to the commercial residence, then it is cheaper, and if it is charged according to the standard of commercial housing, it is much more expensive.

3. The surrounding environment of commercial buildings is not very good, some are on the side of the road, and some have many shops and warehouses below, and the noise will be very loud.

4. The environment of the community is definitely not as good as the environment of the pure residential community, and the public security conditions will not be better than that of the residential community.

Commercial and residential properties can be loaned. Commercial and residential dual-use housing can not apply for provident fund loans, can only apply for commercial loans, and the term of applying for loans is generally relatively short, is about ten years, and commercial and residential housing, the down payment that needs to be paid is relatively high, generally to pay a down payment of 50. When applying for a commercial loan for commercial and residential housing, you need to submit a written application to the bank and provide other information as needed, explaining the purpose and service life of the loan, and the bank will review the information, and evaluate the value of the house on the spot, and then apply for the loan approval and sign the contract.

The property rights of commercial and residential properties can be renewed after expiration, and a certain amount of land transfer fees need to be paid to extend the use period of the land. Ordinary residential nature of the house 70 years property rights, after the expiration of the automatic renewal, the commercial and residential type of housing property rights expire how to deal with, the law does not make detailed provisions, generally only need to apply to the relevant departments, after approval, pay the land transfer fee can continue the service life, the ownership of the house is permanent after the purchase, is not indefinite, after the purchase of permanent holding, with the expiration of the land use right.

1. Can I buy a commercial and residential house?

1. Commercial and residential houses can be bought. The property rights of commercial and residential buildings are generally only 40 or 50 years, and the water, electricity and property costs of commercial and residential buildings are all commercial standards, much higher than residential projects, and various taxes and fees are also higher than ordinary residences.

2. Legal basis: Article 221 of the Civil Code of the People's Republic of China.

If a party signs an agreement for the sale and purchase of a house or an agreement on other real estate rights, in order to ensure the realization of real rights in the future, it may apply to the registration authority for advance notice registration in accordance with the agreement. If, after the advance notice is registered, the immovable property is disposed of without the consent of the right holder of the advance notice registration, the real right shall not take effect.

After the advance notice is registered, if the creditor's right is extinguished or the application for registration is not made within 90 days from the date on which the immovable property can be registered, the advance notice registration shall become invalid.

2. How to apply for a real estate certificate.

The process of applying for a real estate certificate is as follows:

1. Forensics. Within 15 days after signing the purchase contract with the developer, the buyer shall send the contract to the real estate exchange for transaction verification and filing;

2. Registration. Within 3 months after using the purchased commercial house, the buyer shall go through the property right registration procedures at the housing property rights supervision office;

3. Payment. After 15 working days of registration, pay the registration fee, verification fee and other related fees at the housing property rights office;

4. Obtain the certificate. The owner of the house can receive the "House Ownership Certificate" with his ID card, private seal, receipt and receipt receipt.