Can I buy a residential property in the nature of commercial land and live in it?

OK. Under the real estate market regulation policy, the overall level of land prices in 2012 did not fluctuate significantly, and the volume and price of real estate land showed a stable trend throughout the year, and the quarter-on-quarter growth rate of land prices was low and consolidated.

According to the results of land price monitoring released by the Ministry of Land and Resources, at the end of 2012, the overall level of land price in major monitored cities across the country was 3,129 yuan square meters, and the land prices for commercial services, residential and industrial land were 5,843 yuan square meters, 4,620 yuan square meters and 670 yuan square meters respectively.

Compared with the same period of the previous year, the growth rate of land prices for commercial, residential and industrial purposes was .70%, of which, the year-on-year growth rate of commercial and residential land prices is at the lowest level in the past decade, only slightly higher than in 2008.

In addition, the cumulative increase in residential land prices throughout the year is the lowest among the three types of land, which is also the first time in the past two rounds of market fluctuations. From the inversion of commercial and residential land prices since 2009, and the growth rate of residential land prices exceeding that of commercial services, to the current changes at almost the same speed as industrial land prices, the structural adjustment of land prices is emerging.

It can be purchased, but in accordance with the provisions of relevant laws and regulations, residential transactions built on commercial land pay taxes and fees according to commercial real estate, and the land premium needs to be paid according to commercial land when it expires, and there is only a 40-year period, which is different from the automatic extension of the 70-year period of residential land.

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

Article 359: [Renewal of the Right to Use Land for Construction Land] Where the term of the right to use land for residential construction expires, it shall be automatically renewed. The payment or reduction of renewal fees shall be handled in accordance with the provisions of laws and administrative regulations.

The renewal of the right to use land for non-residential construction after the expiration of the term shall be handled in accordance with the provisions of law. If there is an agreement on the ownership of houses and other immovable property on the land, it shall be in accordance with the agreement; Where there is no agreement or the agreement is not clear, it is to be handled in accordance with the provisions of laws and administrative regulations.

Legal Analysis: No, it is both commercial and residential land, so it should be a merger of the two, and it is a comprehensive land.

Legal basis: "Interim Regulations of the People's Republic of China on the Assignment and Transfer of Urban State-owned Land Use Rights" Article 12 The maximum term of land use right transfer shall be determined according to the following purposes:

1) Residential land for 70 years;

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.

Article 4 of the Land Management Law of the People's Republic of China The State implements a land use control system. The State prepares an overall land use plan, stipulates land use, and divides land into agricultural land, construction land and unused land. Strictly restrict the conversion of agricultural land into construction land, control the total amount of land used for construction, and implement special protection for cultivated land.

The term "agricultural land" as used in the preceding paragraph refers to land directly used for agricultural production, including cultivated land, forest land, grassland, farmland water use land, aquaculture water surface, etc.; Construction land refers to the land for the construction of buildings and structures, including urban and rural residential and public facilities, industrial and mining land, transportation and water conservancy facilities, tourism land, military facilities, etc.; Unused land refers to land other than agricultural land and construction land. Units and individuals using land must use land in strict accordance with the purposes determined in the overall land use plan.

Legal analysis: The difference between commercial land and residential land is as follows: 1. Service life: The life of commercial land is 40 years, and the life of residential land is 70 years.

2. Purchase and sale tax: 3% of the deed tax for commercial land and 1.5% for residential land.

3. Mortgage method: commercial land cannot be mortgaged, and residential land has 5 to 6 mortgages, with a maximum term of 10 years.

Residential land refers to the land occupied for the construction of residential houses. Commercial land refers to the places occupied for commercial, tourism and entertainment activities, such as land used for the construction of shops, grain stores, restaurants, parks, playgrounds, theaters and clubs.

The original planning nature of the land, such as commercial, comprehensive and residential, cannot be changed by the developer after signing the land use right contract.

However, due to the different needs of the market, developers can make products that are different from the original land use nature. For example, the construction of a property positioned as a residential property on commercial land, or the construction of a commercial property on residential land. Although the nature of the land used by the property owner is still the same as that of the original land use certificate, the buyer can use the property for other purposes.

Legal basis: The twelfth line of the Interim Regulations of the People's Republic of China on the Assignment and Transfer of Urban State-owned Land Use Rights stipulates that the maximum term of land use right transfer shall be determined according to the following purposes:

1) 70 years of residential land;

2) 50 years for industrial land;

3) 50 years of land for education, science and technology, culture, health and sports;

4) 40 years for commercial, tourism and recreational land;

5) 50 years for comprehensive or other land use. ”

Derivative question: What should I do if the property right expires?

If the term of the right to use land for residential construction expires, it shall be automatically renewed. If the land user needs to continue to use the land upon the expiration of the term of use agreed in the land use right transfer contract, it shall apply for renewal one year before the expiration of the term, and shall approve the resumption of the land unless it is necessary to recover the land in the public interest. If the renewal is approved, a new contract shall be signed and the land use right transfer fee shall be paid.

Where the term of use agreed in the land use right transfer contract expires, and the land user does not apply for renewal or applies for renewal but is not approved in accordance with the provisions of the preceding paragraph, the land use right shall be recovered by the state free of charge.