According to Item (1) of Article 10 of People's Republic of China (PRC) Real Estate Management Regulations, no matter how much the military real estate is transferred with the local government, its transfer and change must be approved by the General Logistics Department. In other words, the transfer of military production houses to local areas must be approved by the General Logistics Department in accordance with military laws and regulations. If a military house is approved by the General Logistics Department before it is sold or ratified by the General Logistics Department before the dispute is brought to court, the court shall consider that it has the right to dispose of it, and the contract for the sale of military houses is valid, otherwise it will be treated as unauthorized.
How to trade the military production room? Can we make a deal? What are the risks?
First, the military production house refers to the house where the army enjoys the ownership of the house (that is, the property right). According to Article 8 of the Detailed Rules for the Implementation of the Registration of Property Right Transfer and Housing Condition Change in Urban Garrison Barracks issued by the Real Estate Department of the Ministry of Construction of People's Republic of China (PRC) and the Infrastructure Barracks Department of the General Logistics Department of China, the property right of military houses belongs to the Military Commission and the headquarters, and the property right belongs to military production, and the "property right unit" is filled in the General Logistics Department. Second, the barracks change registration is entrusted to the residential unit (i.e. the real estate management unit) with full authority, and the seal of the residential unit is used. However, the approval documents of the General Logistics Department or large units such as military region, military service, national defense science and technology industry must be held in accordance with the real estate transfer and change approval authority stipulated in the Regulations on Real Estate Management of People's Republic of China (PRC). Do not meet the above requirements, the transfer of property rights is invalid, and no barracks change registration may be carried out. Third, at the same time, according to Article 15 of the Provisional Regulations on the Management of Military Real Estate Development, the development of military real estate, regardless of the quantity, should be reported to the General Logistics Department for approval. 4. Article 4 of the Administrative Measures for the Sale of Existing Military Housing (No.530 issued by the General Logistics Department [1999]) stipulates that the sale of existing military housing must be reviewed by military units, reported to the General Logistics Department for approval, and organized and implemented by the selling unit. 5. Based on the above Regulations on the Administration of Military Real Estate, the property unit of military production houses is the General Logistics Department, and the transfer of military property houses to local areas must be approved by the General Logistics Department, otherwise it is not authorized to transfer, and the transfer is invalid. 6. Military houses are houses owned by state military organs, and the owners registered on the house ownership certificate are military organs. Generally speaking, this house cannot become the property owned by citizens, and theoretically it may be expropriated. Soldiers generally only have the right to use military housing, but have no ownership.
Seven, if the military housing reform, has become the private property of the army, housing ownership certificate has been marked as private property of the army, such a house can only be listed and traded after the approval of the military organ, because such a house involves national military secrets and military security. Eight, military housing is the land granted by the state to military personnel, and it is generally paid in one lump sum. The military property certificate is a bit like a fund-raising house. It can't be mortgaged or loaned. Because the land belongs to the army, the local authorities have no right to interfere. Just change the name of the military office or management office, and some real estate licenses are provided by the military region. This kind of house can only be mortgaged with short-term loans when it is newly opened, and it is more difficult to mortgage second-hand transactions! Nine, the purchase of military housing needs to pay attention to the following two points:
1. Who is the owner registered on the house ownership certificate? If you only have the right to use it, it is recommended not to buy it;
2. If the house has been changed into private property, is there a written reply from the army agreeing to the listing transaction? X. Migration of military housing hukou: the problem of establishing hukou and moving with wife 1. I need to take my ID card, household registration book and real estate license and move directly to the police station where the property is located. 2. Couples who move in with their families must meet the following conditions: a. Husband and wife have been separated for two years; B those who apply to move in with their families must be unemployed and not belong to on-the-job cadres and workers. C.there is no super-living fact in this house. Eleven, military degree application to provide housing military production certificate or certificate issued by the military department (with payment receipt), and the actual residence certificate issued by the neighborhood Committee in the region.
Can I buy a military house?
You can. I asked the intermediary military production room downstairs, which is a very special form of real estate. Land is allocated by the administration to the army, and they build houses, most of which are for the army's own use, and some of them are put on the market. The natural price of this kind of land-free residential project is extremely low. However, this kind of property is not managed by the local government, so it is impossible to apply for a real estate license. Although the military production room cannot handle the real estate license, the army can handle the military production license. This property is also recognized as private property and can also be transferred. Although military housing cannot be used as collateral for other purposes, property rights are still guaranteed.
How many years is the property right of the military production room?
In 50 years, except for commercial housing, the rest are ordinary houses for 50 years, and the house can hardly live for 50 years, even if the comprehensive land price is paid after 50 years.
What are the risks of buying a military house?
Be optimistic about the military barracks. After negotiating the price, you must go to the military barracks section of the military barracks management before paying the deposit and ask if the house can be renamed, because many military barracks markets are built according to the nature of military barracks and cannot be bought or sold. If commercial housing can be bought and sold according to the nature, it must be issued by the barracks department of the office of veteran cadres, stipulating that this house has a certificate that the original owner monopolizes the prospective buyer. The sale of military housing must be approved by the military before it can be traded. If the army does not give this certificate of consent to sell the house, then the house is built according to the barracks and cannot be bought or sold. It is very likely that you will not own a house after you buy it. This is clearly stipulated in the military camp. For details, please refer to Article 8 of the Detailed Rules for the Implementation of Barracks Property Right Transfer and Housing Condition Change Registration in Urban Garrison: The property right of military houses belongs to the Military Commission and the headquarters, the property right belongs to military production, and the "property right unit" should be filled in the logistics department. The registration of barracks change is entrusted to the residential unit (i.e. the property management unit) with full authority, and the seal of the residential unit is used. However, it must be approved by the General Logistics Department or the military region, services and arms, the National Defense Science, Technology and Industry Committee and other units according to the examination and approval authority of real estate transfer and change stipulated in the Regulations of People's Republic of China (PRC) on Real Estate Management. Do not meet the above requirements, the transfer of property rights is invalid, and no barracks change registration may be carried out.
Before paying the deposit, you must go to the army barracks section to ask about the name change. Don't let the landlord accompany you. The landlord who lives in the military production room must know the people in the barracks department in case the landlord and the people in the barracks department are easy to discuss and deceive. If you can't change your name, you can't change your name normally after cheating the buyer into paying the money. If it cannot be renamed normally and legally, the army will not recognize it after it is renamed. As the saying goes, if you have problems in the future, you won't find these people. Even if we find them, what's the use? Things have gone wrong, and it is not the buyer himself who is worried. So be sure to ask the people in the barracks section of the cadre's home in person, so that the answer is the most real. It is most effective to go through the formalities of buying a house only for justified reasons.
Don't pay more for the deposit, so as to avoid any changes in the future, and everything is unpredictable.
When buying a second-hand military residence, you must go through more formalities. First of all, you need a certificate that the retired cadres agree to sell the house to you, and then sign a second-hand sale agreement for military housing. The content must be written in detail, because the house has no property right certificate, so as to avoid the landlord going back on his word and asking for the house from you after the house price rises in the future. Then the landlord's original purchase invoice should be renamed, and the house sales contract in the landlord's hand should also be renamed. It must be noted that the housing contract signed by the landlord and the cadre family is in duplicate and in triplicate. This should be asked before the deposit is paid, and every contract should be renamed, otherwise it can't be considered as a renaming procedure. In addition, there should also be housing management files in the offices of veteran cadres or military regions, which is equivalent to the household registration files of ordinary people. This is a house built by the army, and this file must be renamed, otherwise the army will not admit that this house is yours.
Finally, remember who helped you with these procedures in the barracks section of the home for retired cadres. It's best to keep evidence to prevent disputes from being resolved in the future, but there's nothing people can do if they change jobs. It's best to have a recording of the whole transaction as evidence, just in case. The second-hand transaction of military housing is complex and not protected by law. Generally, the military housing of retired cadres cannot be legally renamed in the army. It is very likely that after buying the house, it will not be yours, and there will be disputes. Property buyers spend money to buy a house, not for disputes and troubles. So in order to avoid unnecessary disputes, they still don't buy second-hand military houses. Generally, large second-hand housing agencies will not act as agents for the second-hand sale of military houses. Buyers must beware of being deceived and protect their legitimate rights and interests from infringement. Once there is a problem, the local court may not accept it because of a military house dispute. The second-hand sales contract of military houses cannot be notarized, and nothing can protect the rights and interests of buyers. The houses of retired cadres are built according to the barracks of the army, and they cannot be renamed without property rights. Why buy it?
How to buy and sell military housing?
A military residence belongs to a certain army. Generally speaking, it is not allowed to buy or sell, and you have to transfer troops.
Is it safe to buy second-hand military houses?
Don't buy second-hand houses for military products. A friend of mine was cheated when he bought the first floor of Changchun No.1 cadre rest home in Jilin Military Region. When he bought it, he said he could change his name. When my friend saw that the host didn't feel like a bad person, and he didn't go to the cadre retreat to check whether he could change his name, he believed it. As a result, he paid a deposit. After signing the contract, he went to the barracks section of the cadre retreat to ask what procedures were needed to change his name before handing over the house. As a result, the barracks department said that the property right of the home of retired cadres belongs to the provincial military region and cannot be renamed. Renaming must be approved by the General Logistics Department and a certificate of consent issued by the army, but this certificate cannot be issued. Later, this guy negotiated with the owner. As a result, the owner's house was sold for a long time because it was a military product, and now a fool bought it. Of course, he couldn't give up, so he began to play tricks on buyers. This happened not because he was actively trying to solve the problem of changing his name, but because he didn't see it and didn't answer the phone. On the date of the contract, he said that the buyer didn't pay the money and the landlord didn't care about the name change. This is a question of giving up. If he doesn't pay the money, the house won't belong to the old lady, but to her brother. His brother can't go back to America. It used to be his old man's house, and he wanted to sell it after he died. That's what he said anyway. Almost everyone in the cadre's home knows about it, saying that the seller is unreasonable, and the house is not famous and has to be solved, so it is dragged on.
So buying second-hand military houses is very dangerous. How can you be sure that the name of the house you handed in can be changed to yours in the provincial military real estate file? If it can't be changed, then whether the house belongs to the former owner or not, the interests of the buyer can't be guaranteed.
Can the "military production room" be inherited, transferred and traded?
Consulting case Mr. Zhou's father is a retired cadre of a certain army. In 2009, according to the relevant policies of the state and the army, he bought a set of "military housing" at the cost of military housing reform, and went through the formalities of property right registration. After his father died, Zhou and his brother had a dispute over inheriting the property left by his father. Because the real estate was originally a military residence, Mr. Zhou asked whether the real estate could be inherited and transferred and whether it could be traded. According to the analysis, the property has the nature of "military production", which makes it special in punishment. Military housing generally refers to the development and construction of houses owned by the army on the land used by the army. This kind of real estate land is designated as military land, and individuals only have the right to use real estate. The property rights of military houses belong to the military commission and the headquarters, and the property rights belong to military products. "Property unit" is the General Logistics Department. In order to further deepen the reform of the housing system of the state and military personnel, according to Article 4 of the Administrative Measures for the Sale of Existing Housing in the Army (No.530 issued by the General Logistics Department [1999]), the sale of existing housing in the army must be reviewed by military units, reported to the General Logistics Department for approval, and organized and implemented by the selling unit. For the housing built or purchased by retired military cadres who have been resettled, the ownership of the housing has been transferred from the military department to the personal name, which belongs to the personal property that can be inherited. Therefore, in this case, Mr. Zhou and his brother can inherit the "military production house" under their father's name according to law, and after determining the division and ownership of the house, go through the formalities for changing the ownership at the corresponding housing management ownership center.
Can military housing be transferred? What is the effectiveness of the military housing transfer contract?
First, can the military production room be transferred? According to Item (1) of Article 10 of People's Republic of China (PRC) Real Estate Management Regulations, no matter how much the military real estate is transferred with the local government, its transfer and change must be approved by the General Logistics Department. In addition, according to Article 8 of the Detailed Rules for the Implementation of Property Right Transfer and Housing Condition Change Registration in Urban Garrison Barracks issued by the Real Estate Department of the People's General Logistics Department of People's Republic of China (PRC) and China, if the property right of military houses belongs to the Military Commission and the headquarters, and the property right belongs to military products, the "property right unit" shall be filled in the General Logistics Department. The registration of barracks change is entrusted to the residential unit (i.e. the property management unit) with full authority, and the seal of the residential unit is used. However, it must be approved by the General Logistics Department or the military region, services and arms, the National Defense Science, Technology and Industry Committee and other units according to the examination and approval authority of real estate transfer and change stipulated in the Regulations of People's Republic of China (PRC) on Real Estate Management. Do not meet the above requirements, the transfer of property rights is invalid, and no barracks change registration may be carried out. At the same time, according to Article 15 of the Provisional Regulations on the Management of Military Real Estate Development, any military real estate development, regardless of the quantity, must be reported to the General Logistics Department for approval. Article 4 of the Administrative Measures for the Sale of Existing Housing in the Army (No.530 issued by the General Logistics Department [1999]) stipulates that the sale of existing housing in the army must be reviewed by the military unit, reported to the General Logistics Department for approval, and organized and implemented by the selling unit. Based on the above-mentioned Regulations on Military Real Estate Management, the property right unit of the military production room is the General Logistics Department. The transfer of military property houses to local areas must be approved by the General Logistics Department, otherwise it is not entitled to transfer, and the transfer is invalid. As for the application of law in the judgment, the author's opinion is that the provisions of Article 51 of the Contract Law should be applied: that is, "if the person who has no right to dispose of other people's property obtains the right to dispose of it after ratification by the obligee or the person who has no right to dispose of it signs a contract, the contract is valid". That is, the transfer of military production houses to local areas should be approved by the General Logistics Department in accordance with military regulations and rules. If a military house is approved by the General Logistics Department before being sold or ratified by the General Logistics Department before the dispute is brought to court, the court shall consider that it has the right to dispose of it, and the contract for the sale of military houses is valid. Otherwise, it shall be deemed as unauthorized, that is, it shall be deemed as an invalid contract according to Article 5 1 of the Contract Law. Second, what is the effectiveness of the transfer contract for military production houses? In real life, the sale of military housing is often carried out by selling military housing rights or residence rights, while local buyers obtain military residence permits by selling military housing. How to treat and evaluate the legal nature and contract effectiveness of the statement on buying and selling the right of residence or permanent use of military housing is a problem worthy of study and should be clarified as soon as possible by the authoritative department with legislative power. The author thinks that the legal nature of buying and selling the right of residence or permanent use of military housing is the purchase and sale of housing ownership. Without the approval of the General Logistics Department, the relevant purchase and sale or transfer contract is also invalid. The specific reasons are as follows: 1. Article 10 (1) of People's Republic of China (PRC) Real Estate Management Regulations: No matter how much the military real estate is transferred with the local government, its transfer and change must be approved by the General Logistics Department. The transfer of real estate in this regulation includes the so-called permanent use right transfer, that is to say, even if the real estate is transferred to the local area in the name of permanent use right, it must be approved by the General Logistics Department. 2. From the legal point of view, there is no legal concept of buying and selling the right to use the house except that the right to use the house in the local state-owned welfare house is allowed to be transferred (its essence is the paid transfer of the lease right). The legal relationship of buying and selling military housing in the name of buying and selling the right of residence or permanent use of military housing is either subletting or buying and selling. The legal essence of buying and selling the right to use is the paid transfer of the lease right, and according to Article 2 14 of the Contract Law, the essence of the right to use the house for sale is the indefinite transfer of the lease right, which is contrary to the legal agreement that the lease contract period should not exceed 20 years. Is invalid and infeasible. 3. The military house sales contract is also a contract, and the provisions of the People's Republic of China (PRC) Contract Law (hereinafter referred to as the Contract Law) on sales contracts shall be applied according to law. According to Article 130 of the Contract Law: "A sales contract is a contract in which the seller transfers the ownership of the subject matter to the buyer and the buyer pays the price." Paragraph 1 of Article 132 stipulates: "The subject matter sold belongs to the seller, or the seller has the right to dispose of it". Article 135 stipulates: "The seller shall perform the obligation to deliver the subject matter to the buyer or deliver the documents for accepting the subject matter, and transfer the ownership of the subject matter. ......
Ask experts for advice, can the military production room be transferred?
Military housing can not handle the transfer procedures, nor can it be bought and sold normally.
Military housing is the land owned by the army, which is essentially different from the state-owned land used by ordinary commercial houses and public houses. Military housing belongs to the army, not to the local housing management department (Housing Authority), and the local housing management department has no right to register military housing, nor is it responsible for handling the property right certificate of military housing. Therefore, it is impossible to go through the formalities of property right transfer through the * * * housing management department like ordinary commercial housing.
In addition, because all the military land is used by the military, before the land used by the general delivery room is made state-owned by the military and local governments through land replacement, the owner of the military delivery room can't get the land use certificate at all, so it can't be bought and sold through normal channels.
Of course, because of personal needs, relatives and friends with very close relationships and high trust can also buy and sell privately after reaching an agreement, but this kind of business is unconventional and belongs to private transactions, which is very risky.