Legally, does the relocation house belong to commercial housing?

If the demolition is a commercial house, the relocated house should naturally be a commercial house. The demolition is a private house on collective land, or an affordable house, and most of the relocated houses are not commercial houses.

Legal basis] Article 8 of the Judicial Interpretation of the Contract for the Sale and Purchase of Commodity Housing In any of the following circumstances, the purpose of the contract for the sale and purchase of commercial housing cannot be realized, the buyer who is unable to obtain the house may request to terminate the contract, return the purchase price and interest paid, compensate for losses, and may request the seller to bear the liability for compensation not exceeding one time of the purchase price paid

1) After the conclusion of the contract for the sale and purchase of commercial housing, the seller mortgages the house to a third party without informing the buyer;

2) After the contract for the sale and purchase of commercial housing is concluded, the seller sells the house to a third party.

According to the law, the relocation house is not a commercial house, and the relocation house only refers to the house that is relocated when the land is expropriated, and cannot be listed for sale like a commercial house.

Legal analysis

According to the law, the relocated house is not a commercial house, and the relocated house refers to the house that the developer pays to the relocated people when the land is expropriated; Commercial housing is the house of the developer himself. Every real estate basically has a relocation house, and the price of the relocation house is generally lower than the price of the commercial house. There are three main differences between relocated housing and commercial housing:

1. In terms of housing prices, there is a difference between commercial housing and demolition housing, which can be listed immediately and can be used as collateral in the bank for loans. The relocation house enjoys the preferential treatment of the national policy, excluding the land transfer fee, which is relatively low and has small property rights, so it does not enjoy the above rights of commercial housing. If the demolition party compensates the demolished person with the relocated house, the compensation house shall be approved by the relevant competent department of the city with reference to the affordable housing policy, and shall be managed in accordance with the affordable housing policy;

2. The relationship between the buyer and the seller of the commercial housing and the relocated housing is different, and the purchase basis of the commercial housing is the commercial housing sales contract signed by the developer and the buyer, and the price of the house is agreed in the contract. The basis for the purchase of demolition and resettlement houses is the demolition compensation agreement signed between the demolition unit and the person being demolished, which is stipulated in the agreement;

3. If the demolition is a commercial house, the relocated house should naturally be a commercial house. The demolition is a private house on collective land, or an affordable house, and the nature of the relocated house is generally not a commercial house. When buying a demolished house, you must find out the nature.

Affordable housing is not allowed to be bought or sold; In the case of a relocated house demolished on collective land, the nature of the land occupied by the relocated house is generally the income from allocation, and the land transfer fee has not been paid, and the land transfer fee needs to be paid when the transfer procedures are formally completed.

Legal basis

Law of the People's Republic of China on the Administration of Urban Real Estate Article 40 Where land use rights are obtained by way of allocation, the transfer of real estate shall be submitted to the people with the right of approval for examination and approval in accordance with the provisions of the 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.

Legal analysis: Legally speaking, the relocated houses on state-owned land belong to the old houses of commercial shops, and the relocated houses on collective land generally do not belong to commercial houses. The relocation house is the house built by the resettlement of the demolished households when the urban road construction and other letter cluster public facilities construction projects are carried out.

Legal basis: Article 40 of the Law of the People's Republic of China on the Administration of Urban Real Estate Article 40 If the land use right is obtained by way of allocation, the transfer of real estate shall be reported to the people with the right of approval for examination and approval in accordance with the provisions of the law. If the People's Government has the right to approve the transfer of the land, the transferee shall go through the formalities for the transfer of the land use right 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.

If the demolition is a commercial house, the relocated house should naturally be a commercial house. The demolition is the private house on the collective land, the hungry or affordable housing, and the nature of the relocated housing is mostly not commercial housing.

Article 8 of the Judicial Interpretation on the Contract for the Sale and Purchase of Commodity Housing shall have any of the following circumstances, resulting in the failure to achieve the purpose of the contract for the sale and purchase of the commercial house, the buyer who is unable to obtain the house may request to terminate the contract, return the purchase price and interest paid, compensate for losses, and may request the seller to bear the liability for compensation not exceeding one time of the purchase price paid: (1) After the contract for the purchase and sale of the commercial house is concluded, the seller mortgages the house to a third party without informing the buyer; 2) After the contract for the sale and purchase of commercial housing is concluded, the seller sells the house to a third party.

Legal analysis: If the demolition wheel is a commercial house, the relocated house should naturally be a commercial house. The demolition is a private house on collective land, or a house suitable for economic guessing, and most of the relocated houses are not commercial houses.

Legal basis: Judicial Interpretation of Commodity Housing Sales Contract Article 8 In any of the following circumstances, the purpose of the commercial housing sales contract cannot be realized; If the buyer is unable to obtain the house, it may request to rescind the contract, return the purchase price and interest paid, compensate for the loss of the suitong orange, and may request the seller to bear the liability for compensation not exceeding one time of the purchase price paid: (1) after the conclusion of the contract for the sale and purchase of the commercial house, the seller mortgages the house to a third party without informing the buyer; 2) After the contract for the sale and purchase of commercial housing is concluded, the seller sells the house to a third party.

If it is said that the relocation house on the state-owned land belongs to the commercial housing, if it is the house on the collective Qingmin land, it does not belong to the commercial housing, the so-called relocation housing refers to the house that the developer pays to the relocated households when the land is expropriated, so basically every real estate is in front of the circle is Hui collapsed with the relocation house, and the relocation house has been loved by many people because it is relatively cheap.

The difference between relocation housing and commercial housing:

1. The relocation house with different properties between the two is the house that is compensated to the demolition household, while the commercial housing is built by the developer to build its own house.

2. The gap between the two is also relatively large, and the commercial housing can be listed and traded after obtaining the property right certificate of the house, and it will be higher than the relocation house, but because it has the property right certificate of the house, it is possible to apply for a mortgage.

3. There is also a certain difference in the sales relationship between the two, the commercial housing is signed by the commercial housing sales contract, and the first of the housing will be agreed in the contract, while the demolition house is signed by the demolition compensation agreement. Jiwu real estate encyclopedia, more must know to buy a house.