Can resettlement housing be bought and sold? Please tell me

It is not possible to generalize that demolition and resettlement houses can be bought and sold.

First, the explanation begins with the nature of the land.

1) Land can be divided into two categories according to ownership, one is state-owned land and the other is collective land.

2) There are two ways to obtain the right to use building land: allocation and transfer.

1. The transfer of state-owned land refers to the act of the state assigning the land use right to the land user within a certain period of time in the capacity of the land owner, and the land user pays the land use right transfer fee to the state. State-owned land allocation refers to the land used by state organs, military land, urban infrastructure land, public welfare land, energy, transportation, water conservancy and other infrastructure land supported by the state, other land used by laws and administrative regulations, etc., through various other ways other than the transfer of land use rights to obtain the state-owned land use rights in accordance with the law, and it is also a place for the state to continue to provide land users with production and operation sites free of charge for a certain period of time.

2. The methods of obtaining the use right of state-owned land through the transfer of state-owned land include agreement, bidding and auction. The acquisition of state-owned land use rights through state-owned land allocation needs to be obtained through land acquisition. The difference in cost composition between the acquisition of allocated land use rights and the acquisition of transferred land use rights lies in whether or not the transfer fee has been paid.

3. 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 legal provision, collective land use rights are not allowed to be assigned, transferred or leased in principle.

Resettlement houses can be bought and sold if they have a property ownership certificate, but they cannot be bought or sold without a property ownership certificate. Whether the demolition and resettlement house can be transferred mainly depends on whether the house is on collective land and whether the house ownership certificate has been obtained. Demolition and resettlement housing is a kind of housing replacement compensation for the relocated households, and if there is a property right certificate, it can be changed and registered.

[Legal basis].

Article 209 of the Civil Code.

The creation, alteration, transfer and extinction of immovable property rights shall take effect upon registration in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law.

The ownership of natural resources that belong to the State in accordance with the law may not be registered.

Article 214.

Where the creation, alteration, transfer or extinction of immovable property rights shall be registered in accordance with the provisions of law, they shall take effect when they are recorded in the immovable property register.

Article 215.

Unless otherwise provided by law or otherwise agreed by the parties, a contract between the parties relating to the creation, modification, transfer and extinction of immovable property rights shall take effect upon the conclusion of the contract; If the property right is not registered, the validity of the contract shall not be affected.

If the city wants to develop and build, then it is definitely necessary to demolish some of the more dilapidated houses in the city, and when these dilapidated houses are demolished, the new houses are usually compensated to the house owner, and the house owner gets the house that everyone often calls the resettlement house.

Resettlement houses can be bought and sold, but if buyers want to buy resettlement houses, then they must pay attention to the property rights of the resettlement houses when buying. Buyers must note that some resettlement houses belong to small property rights, that is, the land of the resettlement houses belongs to the collective land, and this type of property is not allowed to be listed for trading before it is allowed. In some places, resettlement houses are not allowed to be listed for sale until they have been completed for five years.

The purpose of this is to prevent the low price of resettlement housing, so resettlement housing generally cannot be listed and traded within a few years.

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Resettlement houses can be bought and sold after obtaining the property ownership certificate. Resettlement housing is a house built by rehousing the demolished households when urban road construction and other public facilities construction projects are carried out. The purchase and sale of resettlement houses should go through the transaction and transfer procedures after the original head of household has the real estate certificate is issued, or go to the notary office to notarize the corresponding transaction at the time of the transaction.

1. Can the names of two people be written in the demolition house?

The real estate certificate of the demolition and resettlement house can have the names of two people written on it.

Resettlement housing is a house built by rehousing the demolished households when urban road construction and other public facilities construction projects are carried out. That is, the house that is demolished for urban planning, land development and other reasons, and resettled to the demolished person or tenant for residential use. According to the provisions of Chinese law, the transfer transaction of resettlement housing can only be carried out after obtaining the real estate certificate of the resettlement house, and the transfer transaction at this time is no different from that of ordinary housing.

The targets of resettlement are urban residents who have been demolished, as well as rural households whose houses have been requisitioned and demolished. With the further acceleration of the pace of urban construction and development, it is urgent to build as many resettlement houses as possible to continuously meet the needs of the relocated households.

2. What is a directional resettlement house and what are the precautions?

Targeted resettlement houses are produced along with the demolition and resettlement work, and are houses that are resettled to the demolished people for residential use due to urban planning, land development and other reasons. Precautions include: the purchase of directional resettlement housing should be transferred after the real estate certificate is issued or notarized accordingly at the time of the transaction; The buyer should not pay the full amount at once, and agree on the time of transfer and delivery when signing the contract, so as to prevent the occurrence of "more than one house".

3. What is a resettlement house?

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. Because the resettlement target is a specific resettlement household, it is very different from the general commercial housing transaction. Resettlement housing is a house built by rehousing the demolished households when urban road construction and other public facilities construction projects are carried out.

According to the provisions of the law, the transfer transaction of resettlement housing needs to be carried out only after obtaining the property ownership certificate of the resettlement house, and the transfer transaction at this time is no different from that of ordinary housing. The targets of resettlement are urban residents who have been demolished, as well as rural households whose houses have been requisitioned and demolished.

Article 61 of the Law on the Administration of Urban Real Estate.

When real estate is transferred or changed, it shall apply to the local people's ** real estate management department at or above the county level for registration of real estate change, and apply to the people's ** land management department at the same level for registration of change of land use right with the changed house ownership certificate. Where the law provides otherwise, it is to be handled in accordance with the provisions of the relevant law.

Article 210 of the Civil Code.

The registration of immovable property shall be handled by the registration authority where the immovable property is located. The State implements a unified registration system for immovable property. The scope of unified registration, registration bodies, and registration methods shall be prescribed by laws and administrative regulations.

Legal Analysis: Resettlement housing refers to the houses built by the resettlement of the demolished households when urban road construction and other public facilities construction projects are carried out. Whether resettlement houses can be bought and sold depends on whether there is a real estate certificate, and only houses with real estate certificates can be traded.

Legal basis: Article 38 of the Law on the Management of Urban Real Estate stipulates that 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 in which laws and administrative regulations prohibit pure transfer in the line.

Of course, a licensed demolition and resettlement house can be bought and sold, and the transfer transaction of the resettlement house can only be carried out after obtaining the property ownership certificate of the resettlement house.

1. Demolition and resettlement housing can not be **.

Of course, licensed demolition and resettlement houses can be bought and sold, and the transaction is no different from ordinary houses; For unlicensed demolition and resettlement houses, it is necessary to distinguish the situation and pay attention to the following issues: (1) investigate the nature of property rights before demolition, if there is a property right certificate before demolition, the high index hall is just that the developer did not handle it in time after the demolition, if there is a demolition agreement, although it is troublesome, but it can still handle the property right certificate in the future; (2) Be sure to go through the notarization procedures to avoid disputes in the daily collection. (3) In order to increase income, some development enterprises can provide name change (transfer) services after the transaction of demolition and resettlement housing, and it is a better solution to charge some fees appropriately.

When can resettlement housing be bought and sold? It generally takes five years for a demolition and resettlement house to be listed and traded. Whether a house can be listed and traded can be judged simply according to the nature of the land, collective land is owned by the collective, and most of the townships and towns are of this land nature.

If it is state-owned land, you can apply for a real estate certificate, and you can be listed and traded, and some of them will never be able to get a real estate certificate, such as collective land, unless he changes the nature of the land. Some of them cannot be traded in a short period of time, such as some demolition and resettlement houses. The state has relevant regulations in this regard.

There are generally two certificates for real estate, real estate certificate and land certificate, the real estate certificate simply means that the house belongs to you, if the building is gone, you want to build on the original land, you must be approved by the relevant departments. The land certificate means that the land belongs to you, and no one else has the right to build on your land regardless of whether the building exists, which is a violation of your rights.

Civil Code of the People's Republic of China

Article 241:The owner has the right to create a usufructuary right and a security interest in his immovable or movable property. The exercise of rights by the usufructuary right holder or security right holder shall not harm the rights and interests of the owner.

Demolition and resettlement houses can be bought and sold, and if the contract is valid, the court will support it. However, if the house is less than 5 years old and does not meet the conditions for circulation, and the buyer requests the court to make a judgment that the house is transferred to his name, the court will not support it. At this time, you can apply to the court to seal and freeze the property, and make a judgment on the right to use the house, and the buyer can take possession of the house first.

As soon as you see whether the house is registered with the Housing Authority, if there is a registration record, it proves that it is a large property right house, and you can buy it.

2. Look at the nature of the house. The nature is a commercial house, as long as there is a house capital, there is no mortgage, and it can be traded at any time; Whether it is affordable housing or managed according to affordable housing or safe housing, Kangju housing, it takes 5 years before it can be listed and traded, and the comprehensive land premium needs to be paid at the time of transaction.

1. If the signed contract is an expression of the true intentions of both parties, the purchase contract is protected by law 2. According to relevant laws, brokerage agencies and brokers are prohibited from participating in or assisting in the transaction of real estate without property certificates, otherwise they will be severely punished by the Ministry of Housing and Urban-Rural Development and other authorities.

3. Taxes and fees are calculated based on the transfer price or the minimum transfer guide price of the local **, once the local transfer guide price is adjusted, or the tax policy is adjusted, it may bring great losses.

4. The current policy is that the five-year residence does not need to pay business tax, but the five-year non-only residence is subject to 20% of the difference in personal income tax, in addition, the current policy stipulates that the first listing of demolition and resettlement housing must pay 3% of the land transfer fee.

To sum up, it is advisable not to buy such properties as much as possible.

Can resettlement housing be bought and sold? What should I pay attention to when buying? Insiders answer your questions.

Whether the resettlement house can be bought or sold depends on whether the house has property rights.

If the demolition and resettlement house obtains the property right of the house, and there is no provision for the restriction on external **, or the period of restriction on transfer has expired, such a demolition and resettlement house is no different from the general commercial house, and can be bought and sold.

Demolition and resettlement houses without property rights certificates, or demolition and resettlement houses with draft or title certificates but restricted from transfer within 5 years, take a long time from signing the contract to handle the transfer of property rights in the future, and generally cannot be listed for trading.

Can the resettlement group house be bought and sold?

If the resettlement house has not yet obtained the real estate certificate, it cannot be transferred. According to the provisions of the Urban Real Estate Management Law of the People's Republic of China, 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 organs and 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.

How long can resettlement houses be bought and sold.

For those who have acquired resettlement houses due to land requisition and house demolition, buying and selling resettlement houses and cashing out them can improve the economy. After five years of resettlement housing, the resettlement housing can be changed to commercial housing after the land transfer fee is paid. After it becomes a commercial house, it can be listed for trading.

However, how to operate depends on the local land use index. Because some resettlement houses cannot be listed for trading even if they are more than five years old. According to the relevant laws and regulations, the compensation given to the expropriated person by the people at the city and county level who made the decision to expropriate the house includes:

1) Compensation for the value of the expropriated house;

2) Compensation for relocation and temporary resettlement caused by the expropriation of housing;

3) Compensation for the loss of production and business suspension caused by the expropriation of housing. The people at the municipal and county levels shall formulate subsidies and incentives to give subsidies and rewards to the expropriated persons.

[Legal basis].