① The area is not suitable for business and suitable for living;
② The development of developers at this stage is also suitable for living, but not for business;
(3) The price after "commercial change to residence" is higher than the price used in the previous commercial period.
In a sense, the government's planning guidance has been divorced from the market for a long time, which has led to the emergence of' changing residence to business' and' changing business to residence'. In this environment, the transformation of developers from the market perspective has made up for the loopholes in planning in a certain sense.
However, it should be noted that it is illegal to "change business to live". Relevant laws stipulate that after the construction land is approved according to law, the land-using unit shall not change the original approved land use without authorization.
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Second, the case
In the early 1990s, the office market in Shenzhen was booming, and the turnover surged. The break of the balance between supply and demand has led to a long-term downturn in the market, and many uncompleted residential flats have appeared. At that time, in order to avoid risks, some approved office buildings were transformed into business apartments or hotel-style apartments. Nowadays, the prevalence of "business changing to living" in Beijing property market is also a signal that commercial real estate is overheating.
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Third, the disadvantages of changing business to living
The disadvantages of commercial housing reform, or the difference between commercial housing and housing, are mainly reflected in the following aspects:
1. Property rights of different years
Residential buildings can be used for 70 years and commercial buildings can only be used for 40 years. According to national regulations, the service life of commercial, tourism and entertainment land is 40 years, and the service life of residential land is 70 years.
At the same time, the property law stipulates that the right to use residential construction land will be automatically renewed after it expires. "Non-residential construction land use right" cannot be automatically renewed. If it is really necessary to continue to use the land, the land user shall apply one year before the expiration of the land use period. If the renewal is approved, the land use right transfer contract shall be re-signed and the land use right transfer fee shall be paid according to the regulations. If it is in the public interest, it is necessary to recover the land.
2. Different supporting facilities
Commercial housing reform can not move into the household registration, can not be enrolled nearby.
It is understood that commercial housing can not achieve a large number of public facilities such as transportation, education, medical and health care. This is mainly due to the different planning purposes of commercial housing and residential construction in the early stage. Moreover, the general commercial housing transfer project often does not have the qualification to move the household registration and study in a nearby school.
3. The floor area ratio is different from the area used for greening and public facilities.
Because commercial housing does not need to build supporting facilities for ordinary residential quarters, the floor area ratio of such buildings is very high. In other words, compared with residential buildings, the greening and public facilities of commercial buildings will be reduced.
4. Different security levels
The requirements for ventilation of commercial housing are relatively low, and there are certain hidden dangers in safety.
5. Property fees, management fees and transfer deed tax are different.
After business is changed to residence, water, electricity and property fees are charged according to commercial consumption. The water and electricity of commercial and residential projects are often charged according to commercial water and electricity, so the living cost is higher than that of ordinary houses. Secondly, the management fees of commercial and residential projects are generally higher than those of ordinary residential properties.
In addition, commercial and residential projects cannot pay deed tax according to residential standards. In the process of transfer, the relevant expenses are calculated according to commercial purposes, and the transfer deed tax is 4%, and the transfer deed tax of ordinary houses is 2% (not exceeding 144 square meters). At the same time, business tax and land value-added tax are also levied on commercial transfer.