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The difference between land ** and property rights. 1. The difference between property rights.
Many resettlement houses are not full property rights, that is, they have full ownership of the house, but they do not necessarily have full land use rights. The nature of the land for many resettlement houses is allocated land, that is, no transfer fee has been paid. The commercial house is full property rights, that is, complete house ownership and complete land use rights, and the nature of the land is transfer, that is, the land transfer fee has been paid.
Therefore, when the resettlement house is traded again in the future, it may be required to pay the land transfer fee. Of course, there is no requirement for resettlement housing transactions at present, but the law stipulates that it must be paid, so once the policy is introduced, it is likely to be paid.
2. Difference in quality.
Resettlement housing is often very limited in construction profits, so builders can often cut corners to increase profits. In addition, the supervision of functional departments is not effective or even colluded, resulting in the general quality of resettlement housing is not as good as that of commercial housing. Of course, there are also more responsible or demonstration projects and the like, and the quality of resettlement houses is relatively good, but there are not many, and it can be regarded as winning the lottery.
3. Restrictions on trading hours.
Many resettlement houses have a transaction time limit, which means that they cannot be listed for resale within a few years. There is no such regulation for commercial housing, as long as you buy an existing house that has been registered, it can be listed and traded. However, commercial off-plan properties are not allowed to be resold by law.
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The biggest difference between resettlement housing and ordinary commercial housing is that it is obtained according to the demolition of the house, and the other is purchased with the principal. The ownership of the house belongs to both people, but it cannot be illegally transferred in defiance of the law. If you don't want to live in the normal commercial house you purchased, you can sell it as a second-hand house, and the resettlement house cannot be sold and is not allowed to be put on the market.
The main thing is to protect the rights of those who have demolished their houses, and not let them enjoy some unequal contracts. If you want to buy a house, it is best to buy a commercial house, and all property rights belong to you. <>
There are two types of resettlement housing, the first is to demolish and relocate because of urban planning land development, and the second is to subsidize the original house by building a unified house. If you want to give it to someone else after you have resettlement housing, you must pay a fine. Because it is a house with a unified subsidy for demolition, ** and the cost are not the same.
Regardless of whether you have the right to operate or not, when you sell a house, you have to go through the law to make a legal transaction. The price of different houses is also different, and some resettlement houses are 1 ladder and 1 household, and the price will be more expensive in comparison. <>
If you want to buy a house, it is best to buy a commercial house, and never buy a resettlement house. Not only are there policy risks, but even some trading behaviors are not standardized enough. In some places, the price of resettlement houses has risen to hundreds of thousands or even millions, and the other party is not only required to pay in a lump sum or even without any contract.
When buying a house, there is a purchase contract for commercial housing, and it has also been notarized by law. With layers of protection, you can rely on the title certificate to rationalize the house. <>
In general, everyone's situation is different, and if you want to do business, you can try to buy a commercial house. Not only can you save rent, but you can even be handy when doing business. Resettlement houses can no longer be used for business, but can only be used for daily living.
Because resettlement houses are generally based on residential units, they cannot be separated. Be good at choosing not to buy a house that you regret.
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The difference is that the resettlement housing is relatively small and not allowed, while the ordinary commercial housing is relatively large and allowed, and the resettlement housing is given by the state, and the ordinary commercial housing is bought by itself and built by the enterprise.
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The so-called demolition and resettlement housing refers to the houses that are demolished and relocated to the demolished person or tenant for residential use due to urban planning, land development and other reasons. Because the resettlement target is a specific resettlement household, the purchase and sale of this type of house is not only regulated by laws and regulations, but also subject to the relevant local policies. Therefore, it is very different from the general commercial housing transaction.
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First of all, their quality is different, and usually the construction of resettlement houses is definitely a little worse than ordinary commercial housing. Based on economic profits, not a lot of good materials are used, so this will lead to such a situation. And their property rights restrictions will also be different, and the time of the transaction will also be different.
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The quality of the house is different, the material of the house is different, the property rights are different, the time of the transaction is different, and the ** is different.
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Houses for residential use by the person being demolished or the tenant.
The so-called resettlement housing refers to the housing built by the resettlement of the demolished households when the urban road construction and other public facilities construction projects are carried out, that is, the demolition is carried out due to urban planning, land development and other reasons, and the resettlement housing is the house for the demolished person or tenant to live in.
In accordance with the regulations of the relevant parties, if the resettled person obtains such supporting commercial housing, the property right of the house belongs to the individual, but it cannot be listed and traded within 5 years of obtaining the ownership.
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The differences between resettlement housing and commercial housing are:
1) Most of the resettlement housing is allocated and cannot be directly bought and sold, and the commercial housing can be directly listed and traded
2) Resettlement housing basically cannot be directly loaned, and it is relatively simple to apply for loans for commercial housing;
3) Compared with resettlement housing, commercial housing is higher, the number is also larger, and the choice is larger;
4) It is more difficult to re-trade resettlement housing, and it is easier to apply for property rights certificates for commercial housing and simpler for secondary transactions.
[Legal basis].Article 40 of the Law on the Administration of Urban Real Estate.
If the land use right is obtained by way of allocation, when transferring the real estate, it shall be reported to the people with the right of approval for examination and approval in accordance with the provisions of the first law. 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. If the land use right is obtained by way of allocation, when the transfer of real estate is submitted for approval, the people with the right to approve decide that they can not go through the formalities for the transfer of land use right in accordance with the provisions of the transfer, and the transferor shall, in accordance with the provisions of the transfer, hand over the land income from the transfer of real estate to the state or make other dispositions.
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1. Property rights are different.
Resettlement housing can also be called incomplete property right housing, that is, it has complete housing rights, but does not necessarily have complete land use rights, while commercial housing has both housing rights and land use rights.
2. Time trading is different.
In the process of housing sales and transactions, commercial housing is not limited by the transaction period, it can be directly carried out in the market, while resettlement housing is usually limited by the number of years, that is, commercial housing cannot be listed within a few years.
3. The transaction risk is different.
In terms of transactions, the purchase and sale of resettlement housing is riskier than that of commercial housing. If national laws and regulations stipulate that the house cannot be listed** and cannot be transferred, then the purchase contract signed by both parties cannot continue, and there is a very big risk.
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However, if the resettlement house has been registered and the house ownership certificate has been obtained, it can be listed and traded. Therefore, it depends on whether the developer registers the property rights of the resettlement housing.
Low return on investment for condominiums: It takes a long time for the pre-investment to pay for itself, and the property rights will be reduced. In addition, two issues with hotel hosting also stand out:
One is that during the renovation period, there is no rent; Second, after investment, the owner is anxious because he cannot see the benefits. From the perspective of trusteeship, because of the influence of factors such as location, passenger flow and off-peak season, there is no guarantee that the daily housing will be full, the occupancy rate is low, the benefit is not good, and the owner naturally has no return.
Low property rights: 30-50 years of property rights for general apartments, there is no official document for apartment property rights, and you may face the embarrassing scene of your house being repossessed when the property rights expire.
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The differences between resettlement housing and commercial housing are:
1. The quality of the two is different, although the commercial housing is high, the quality is better, and the safety of nuclear power is higher; Resettlement housing** is relatively low, so the profit is also low, and many developers will cut corners in order to save costs, so the quality of the housing is also low.
2. The property rights of the two are different, the commercial house is a complete property right, and the ownership and land use rights of the house are enjoyed after purchase; Resettlement houses are partial property rights and have the ownership of the house, but not necessarily the right to use the land.
3. The transaction time is different, and the commercial house can be bought and sold at any time after getting the real estate certificate; Resettlement housing needs to be lived in for five years before it can be listed for trading.
How to apply for real estate certificate for resettlement housing?
The process of applying for a real estate certificate for resettlement housing is as follows:
1. First of all, you must apply for a title investigation, the main purpose is to confirm the location, space and ownership of the house, which is the first step in applying for a real estate certificate.
2. Bring the information to the real estate registration center and apply for the real estate title investigation.
3. Go to the local taxation bureau where the property is located to issue a tax exemption certificate, generally the purchase and resettlement of Chunxiang house does not need to pay tax, and you can issue a tax exemption certificate with your ID card and related information.
4. After the process is completed, you can apply for the real estate certificate, and you need to go to the real estate registration center and provide relevant information to apply for it.
Is the private sale and purchase contract of resettlement housing valid?
1. The resettlement house cannot be listed and traded within 5 years, so some people will sign an agreement in private, if the resettlement house has obtained the real estate certificate, it can be traded freely in the market, and the agreement signed privately is valid as long as it complies with the relevant laws and regulations.
2. However, if the resettlement house has not yet obtained the real estate certificate, in principle, it cannot be traded in the market, so the signed agreement is invalid and does not have the property law property rights.
3. When you want to buy a resettlement house, it is best to understand the nature of the property rights of the resettlement house.
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There are differences in the definition of resettlement housing and commercial housing.
1. Resettlement housing refers to the houses built by the resettled households when they are carrying out urban road construction and other public facilities construction projects. In other words, it refers to the houses that are demolished for urban planning, land development, etc., and relocated for the residence of the demolition person or tenant. Most of the resettlement houses do not have full property rights, and more of the land is allocated in nature, that is, the land transfer fee has not been paid.
2. Commercial housing refers to all kinds of commercial housing that can be freely traded in the market according to laws, regulations and relevant regulations, and is not restricted by the first policy, including newly built commercial housing, second-hand housing (stock housing), etc. Commercial housing, on the contrary, is fully titled. The nature of the land of the commercial housing is transfer, and the land transfer fee has been paid.
If the resettlement house is to be re-traded in the future, it is very likely that the land transfer fee will need to be repaid.
Classification of resettlement housing
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 of Yanwang) 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.
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 the house, and there is no provision for restricting the rough appearance, or the period of restriction on transfer has expired, there is no difference between such a demolition and resettlement house and an ordinary commercial house, and such a resettlement house can be bought and sold.
The above content refers to Encyclopedia - Resettlement Housing.
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