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Some affordable housing that can obtain full property rights is allowed to be bought and sold. Affordable housing includes low-rent housing, public rental housing, affordable housing, and price-limited housing, and the purchase of affordable commercial housing is not allowed to be directly listed for trading for less than five years.
[Legal basis].Article 30 of the Measures for the Administration of Affordable Housing.
Affordable housing buyers 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 the land income and other relevant prices to ** according to 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 the specific payment ratio shall be determined by the people of the city and county, and the ** 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 **.
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Affordable housing cannot be bought or sold. Affordable housing is generally composed of low-rent housing, affordable housing, and policy-based rental housing. Affordable housing is a unified planning and overall planning, for low- and middle-income families with housing difficulties, the construction standards, sales, rent standards, etc. have been limited.
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Legal Analysis: Yes, affordable housing is composed of low-rent housing, policy-based rental housing and affordable housing. The first two of these are leased and cannot be bought, while affordable housing can be acquired and subsequently transferred.
However, due to the unified planning and overall planning of affordable housing, it is provided to a specific group of people for use, and the affordable housing cannot be listed and traded within five years of purchase.
Legal basis: "Implementation Measures of the People's Republic of China for the Administration of Affordable Housing" Those who have purchased affordable housing for less than 5 years shall not be directly listed and traded. If the buyer transfers the affordable housing for special reasons, it shall be repurchased by the designated department in accordance with the original and taking into account factors such as depreciation and price level.
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Whether affordable housing can be bought and sold depends on the situation:
1. Affordable housing is generally divided into two types, one is affordable rental housing, which can never be bought and sold;
2. The other is affordable commercial housing, which only needs to meet the requirements of having a local urban hukou; The family income meets the income standard of low-income families delineated by the people of the city and county**; can be bought and sold.
Affordable housing includes, low-rent housing is the first to provide social security housing to families who meet the minimum living security standards of urban residents and have housing difficulties in the form of rent subsidies or rent allocation in kind. The distribution of low-rent housing is mainly in the form of rent subsidies, supplemented by rent allocation in kind and rent reduction and reduction. Public rental housing is a product that solves the housing difficulties of sandwich groups such as newly employed workers.
With a lower than market price or the tenant's affordability, it is rented to newly employed workers, including some new college graduates, and some groups who have migrated to the city from other places to work. Affordable housing is a social security housing funded and supported by the state and a policy arrangement made to solve the housing problem for low-income people. Such low-income families have a certain ability to pay or have the expected ability to pay, and the person who buys a house has a limited property right.
[Legal basis].Article 19 of the Measures for the Administration of Affordable Housing.
Urban families, individuals and migrant workers who apply for affordable housing or housing rental subsidies shall submit an application to the sub-district office (community) or the town people**. Migrant workers are encouraged to apply to the sub-district office (community) or the people of Fuxing Town by the employer. The applicant shall truthfully declare the status of housing, population, income and property, and shall not conceal, falsely report or forge it, and agree in writing to the review authority to verify the application information.
The review organs shall verify the applicant's housing, population, income and property status, etc., and the relevant units and individuals shall provide facilitation, issue relevant supporting materials in accordance with regulations, and be responsible for the authenticity of the materials issued.
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It is understood that affordable housing in some areas can be bought and sold, but it needs to meet certain conditions, such as meeting the number of years of listing and trading, paying land transfer fees, etc., as follows:
1. Meet the conditions for buying and selling
Whether you want to buy first-hand affordable housing or second-hand affordable housing, first of all, the identity of the purchaser needs to meet the standard, and the conditions for buying and selling need to be met, because the affordable housing is a welfare housing built for the people with housing difficulties, and the conditions for applying for affordable housing rental or buying affordable housing need to meet the conditions of the applicant, and the person who buys the affordable housing needs to be a low-income family or a person who meets the indicators of buying affordable housing.
2. The trading period has been met
For those who want to buy their own affordable housing, if they want to be listed and traded, they need to meet the listing and trading time stipulated by the local policy, if it is less than the time limit, it is not possible to list and trade, and the general time limit is 2 years or 5 years.
3. The land transfer fee has been paid
For those who have purchased affordable housing, if they want to trade the affordable housing in their hands, in addition to meeting the above conditions, they must also purchase part of the property rights held by **, and may have to pay certain taxes and fees, such as land transfer fees.
4. The right of first refusal is not infringed
For affordable housing, its ownership is in the hands of the local government, at the moment of the transaction of affordable housing, there is the right of priority to repurchase, if it is to give up the repurchase of affordable housing, you can be listed for trading, but the right of first refusal shall not be violated, and do not privately carry out the purchase and sale of affordable housing, otherwise there may be no transfer and so on.
5. The real estate certificate has been obtained
If you want to list and trade affordable housing, you need to have a real estate certificate, otherwise a house with unclear property rights, without any supporting documents and any special circumstances, no one will buy it, and it is not recommended to buy a house without a real estate certificate, otherwise there will be a series of problems in the later stage.
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Affordable housing can be bought and sold, but there is a time limit.
If the buyer really needs to transfer the affordable commercial housing for special reasons, the Municipal Housing Office shall repurchase it according to the original ** and considering factors such as depreciation and price level.
After purchasing affordable commercial housing for five years, if the buyer is listed and transfers the affordable commercial housing, he shall pay 60% of the difference between the original purchase ** and the listing and trading guidance of the affordable commercial housing in the corresponding lot at that time to ** and other relevant prices to **, and the Municipal Housing Office can give priority to repurchase.
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Affordable housing cannot be bought or sold. 1. Its affordable housing is composed of low-rent housing, affordable housing and policy-based rental housing. It usually refers to the unified planning, co-ordination, and provision of housing for specific groups of people in accordance with national policies and laws and regulations, and the construction standards and sales standards or rent standards of this type of housing are limited, and the housing that plays a role in social security cannot be traded.
2. For the purchase of affordable commercial housing for less than five years, it is not allowed to be directly listed and traded, and if the buyer really needs to transfer the affordable commercial housing for special reasons, the Municipal Housing Office shall repurchase it according to the original ** and considering factors such as depreciation and price level.
3. If we have purchased affordable commercial housing for five years, and the buyer is listed and transferred the affordable commercial housing, he shall pay the land income and other relevant prices to ** according to 60% of the difference between the original purchase ** and the listing and trading guidance of the affordable commercial housing in the corresponding lot at that time, and the Municipal Housing Office can give priority to repurchase.
4. The time for restricted listing and trading shall be calculated from the date of registration of ownership in the real estate register.
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Housing with social security functions generally cannot be used for trading and selling
According to the regulations, the purchase of affordable commercial housing is less than five years, shall not be directly listed for trading, buyers for special reasons do need to transfer affordable commercial housing, by the Municipal Housing Office according to the original and consider depreciation and price level and other factors for repurchase.
After purchasing affordable commercial housing for five years, if the buyer is listed and transfers the affordable commercial housing, he shall pay 60% of the difference between the original purchase ** and the listing and trading guidance of the affordable commercial housing in the corresponding lot at that time to ** and other relevant prices to **, and the Municipal Housing Office can give priority to repurchase.
Note that the restricted listing period is calculated from the date of registration of the title in the immovable property register
Data Extensions
Affordable housing refers to the housing with limited standards, limited standards or rents provided for low- and middle-income families with housing difficulties, and is generally composed of low-rent housing, affordable housing, policy-based rental housing, and targeted resettlement housing. This type of housing is different from commercial housing, which is completely formed by the market. China has vigorously strengthened the construction of affordable housing, further improved the living conditions of the people, and promoted the healthy development of the real estate market.
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Affordable housing in affordable housing is allowed, but it must meet the corresponding conditions. According to Article 30 of the Measures for the Administration of Affordable Housing, 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 the land income and other relevant prices to ** according to 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 the specific payment ratio shall be determined by the people of the city and county, and the ** 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 relevant liability for breach of contract should be clarified.
1. What are the classifications of affordable housing?
1. Affordable housing.
Affordable housing is to provide land in the form of allocation, exempt from urban infrastructure supporting fees and other business fees and regulations, and implement preferential tax policies to low-income families with housing difficulties who have a certain ability to pay. Such low-income families have a certain or expected ability to pay, and the buyers have limited property rights.
Affordable housing is a commercial housing with the nature of social security, which has the dual characteristics of economy and applicability. Economy refers to the fact that the housing ** is relatively moderate relative to the market ** and can adapt to the affordability of low- and middle-income families; Applicability refers to the emphasis on the use of housing in the design of housing and its construction standards, rather than building standards.
2. Low-rent housing.
Low-rent housing is owned by ** or institutions and leased to low-income families at the approved low rent. Low-income families do not have property rights to low-rent housing, and it is non-property rights of affordable housing.
Low-rent housing is rented but not sold, and is rented to low- and middle-income urban residents. In the context of soaring housing prices, affordable housing in distress, and people's difficulty in housing, low-rent housing has become the focus of social attention and can become a "life-saving grass" for low-income family housing.
3. Public rental housing.
Public rental housing refers to the provision of rentable housing to low- and middle-income families with housing difficulties at market rental prices through ** or ** entrusted institutions, and at the same time, ** pays the corresponding standard of rental subsidies to tenant families on a monthly basis. The aim is to address the housing difficulties of low-income families whose household income is higher than the standard for low-rent housing and who cannot afford to buy affordable housing. This concept is precisely framed in the newly released "rental affordable housing".
Affordable housing is rented for sale, which can be said to turn affordable housing into an "expanded version of low-rent housing".
4. Directional resettlement housing.
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 targets of resettlement are urban residents who have been demolished, as well as rural households whose houses have been requisitioned and demolished.
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