References:
Shenzhen real estate agent has no training materials.
You can refer to the following information, but each earthwork is different. Two years and five years generally refers to an economical and practical house. At present, there are no clear laws and regulations on how to deal with fund-raising houses.
1. What is a fund-raising house? What's the difference between it and cooperative housing?
Wang Feng: At present, raising funds to build houses in Shenzhen means raising funds to build houses cooperatively. In the past, in a short time, there were houses funded by the state, units and individuals in Shenzhen. After a period of time, the property right belongs to the unit employees to raise funds to build houses, but after the 1990s, this kind of fund-raising housing disappeared, and the government's housing security system solved the housing for employees.
Xu Lin: The nature of fund-raising housing and cooperative housing is basically the same, and the land use right holders lack funds. After obtaining the approval of the government, he will sign a cooperative housing contract with one or more parties that provide funds.
Nan Li: The fund-raising house is sold to internal employees. It is used to solve the housing problem of internal employees, not to create profits, and cannot be bought or sold externally. If you buy or sell, you need to pay the land price, and apply for the red-skin Property Ownership Certificate with the approval of the government.
2. Is the fund-raising house legal or illegal? How to judge?
Wang Feng: Judging whether the fund-raising house is legal or not depends on whether there are legal construction application procedures: 1, and whether it has been built outside the red line; 2. See if it has been approved by the government, and if so, show relevant certificates; 3. See if it exceeds the approval criteria. Generally, legitimate fund-raising houses will have land transfer contracts, construction land permits, and construction project planning permits. If they have, they will be legal; If they don't do this, they will be illegal.
In reality, fund-raising houses are generally finished houses and stock houses. Therefore, whether it is legal or not depends on whether there is a real estate license. Whether there is a property right certificate depends on whether there is a corresponding land transfer contract, whether there are legal construction application procedures and whether there are corresponding completion acceptance procedures. Only in this way can we prove qualified and be listed and circulated. If the buyer promises to get the title certificate within 1-2 years in the process of purchasing the fund-raising house, there are many black holes in it, and the developer is dragging the buyer's back to a great extent.
3. Can the fund-raising house be listed for sale? Can I apply for a title certificate?
Cities and villages: It is legal to do so. Before the Shenzhen Municipal Government issued Order No.200 10/00, the Regulations on the Administration of Shenzhen Land Exchange Market stipulated that your cooperative housing would not be approved until it was approved by the Bureau of Land and Resources (the government will no longer approve cooperative housing after August 6, 200010). After paying the land price, it became a commercial house and went public. After the promulgation of Order 100, it must be listed in the trading center before it can be built and listed.
Wang Feng: According to Decree No.94 issued by the municipal government on July 6, 20001,the real estate that cannot enter the market after the original administration allocated land and historical land and agreed to transfer the land to units and individuals that have completed the acceptance inspection can enter the market after paying a certain market premium.
Nan Li: The fund-raising houses that have been submitted for construction can be turned red, but the fund-raising houses that have not been submitted for construction must be reviewed according to two regulations. If it can be transformed into a legal building, you can issue a blue leather real estate license, but you can't buy or sell it. As for whether the blue-skinned real estate license can turn red in the future, there is no specific regulation yet. But the fund-raising house that can't be legalized, the blue "Property Certificate" can't be done.
4. What are the laws and regulations applicable to fund-raising houses at present?
Wang Feng: Illegal buildings are dealt with according to two regulations. One is the Decision on Resolutely Investigating and Punishing Illegal Buildings issued by the Municipal People's Congress in February199, and the other is the Provisions of Shenzhen Special Economic Zone on Handling Illegal Private Houses Left over from History issued by the Municipal People's Congress in February106, which came into effect in March 2002. The latter clearly stipulates that for 65433,
Li Nan: The fund-raising houses in Li Nan have basically not been built, and most of them are illegal buildings. According to the above two provisions, for illegal buildings (including fund-raising houses, of course) built within the original red line of rural land before 1999, without the approval of the land department, the land department will impose corresponding fines and confirm the property rights. Illegal buildings that do not meet the above four requirements must be resolutely investigated. As for the illegal buildings that appeared after March 5, 1999, we will resolutely stop them.
City and county: the disposal of the former fund-raising house, if it is a legal fund-raising house, can be converted into commercial housing after paying the land price; Illegal fund-raising houses should be specifically verified to see if there is any conflict with the overall planning. If there is a conflict, it is an illegal building and may be demolished.
Xu Lin: The fund-raising house is not a commercial house and is not protected by laws and policies related to commercial houses.
5. Is the service life of the fund-raising house 70 years?
Wang Feng: The term of fund-raising house is finally stipulated in the land transfer contract. The previous fund-raising house and land transfer contract must be reissued. If you are an illegal fund-raising house, you say it is 70 years, and even the land transfer contract has not been signed. Who can trust you?
6. Why don't banks apply for mortgage loans from fund-raising houses?
Xu Lin: The risks taken by banks are too great, and the property rights of fund-raising houses are unclear. In case of relevant demolition, the relevant legal evaluation and reasonable compensation may not be obtained, and even if it is auctioned, the corresponding commercial housing price may not be obtained, so the bank will not mortgage the fund-raising house.
7. Does the village committee have real estate development qualification?
Xu Lin: Village committees certainly don't have the conditions for development, but at present, many village committees have set up joint-stock cooperative companies. Those with real estate development qualifications can develop; If you don't have the development qualification, you must cooperate with a company with real estate development qualification. However, since August 6, 20001year, government departments stopped approving cooperative housing construction.
Nan Li: The village committee has no development qualification. You can leave the land (the land must be legal) and be developed by a qualified development unit. At the same time, the "House Use Certificate" issued by it is also illegal, not issued by the land department.
8. What is the main certificate for buyers to buy fund-raising houses?
Nan Li: The fund-raising house is for self-occupation. If the original construction application procedures have been completed, after paying the land price, it can be turned into red (for red real estate license) and can be listed and circulated. Therefore, when the fund-raising house turns red, it will be operated as a commercial house. The buyer must first see the seller's red real estate license. At present, there are a large number of fund-raising houses in Li Nan market, many of which have not been built. Property buyers must first look at the land use procedures of the land department, which ensures the legitimacy of the land. Secondly, it depends on whether there are any construction procedures. If there are construction application procedures, the land department will issue a planning and construction permit, and the construction department will also issue a construction permit. Generally speaking, with the construction application procedures of the land department, land is legal. If the land is illegal, there is no construction application link.
Xu Lin: If it is not sold, see its initial registration; Before buying the completed fund-raising house, you must see the legal real estate license.
9. Can the owner get compensation for policy demolition?
Wang Feng: Policy demolition is a legal act. For legal buildings, the government will give compensation, but for illegal buildings, it will be demolished. Most developers who illegally build fund-raising houses have no development qualifications and are in jeopardy. Once there is demolition in the future, although the owner can sue the developer, the developer may not be able to compensate.
10. What do you think of the owner buying a fund-raising house?
Wang Feng: We made a survey of private houses in rural areas in Shenzhen. At present, there are more than 80 million square meters of rural private houses in the city, which are basically illegal private houses. Most of them are fund-raising houses, some are legally built for self-occupation and some are for sale. These fund-raising houses have no legal procedures for construction, and the degree of illegality varies. This kind of fund-raising house is a black hole in the market, and it is easy to deceive low-income small owners.
Nan Li: As far as the land department is concerned, it is illegal to build a fund-raising house without applying for construction, that is, it is illegal to build it. At the policy level, the land department did not give any protection. Buyers have to bear their own risks when they buy it.