Do I have to pay property fees if I fall in love with renting a house?

202 1 1 working day, maybe we should not immerse ourselves in the festive atmosphere and continue to be dizzy.

Since 65438+ 10/,the civil code has been officially implemented. In this 65438+ million-word long article, many new regulations are closely related to our life and buying a house. Before the festival, "Yang Ma" and the China Banking Regulatory Commission issued a notice on the establishment of a centralized management system for real estate loans of banking financial institutions, which also came into effect on 1.

It is illegal to ask for a bride price in the countryside, and it is also illegal for a father to pay his husband's debts and a wife's debts. Does this end some people's life problems?

How will these new policies affect everyone's housing and life? He Xun real estate for readers to sort out one by one.

How many clauses in the Civil Code affect real estate?

Concern one

Interest in renting a house

If the landlord sells the house during the lease contract period, he can continue to live; Tenants also have the priority to buy rental housing.

In 2020, there were many negative news about renting houses.

As a newcomer to the workplace, you finally rented a satisfactory house and settled down. After not staying for two days, the landlord broke the contract and forced you to move out on the grounds of selling the house. Civil law says no.

The Civil Code stipulates that if the ownership of the leased property changes during the lessee's possession according to the lease contract, the validity of the lease contract will not be affected;

At the expiration of the lease term, under the same conditions, the lessee has the priority to lease.

Where the lessor sells the leased house, it shall notify the lessee within a reasonable period before the sale, and the lessee has the preemptive right under the same conditions.

If the lessor fails to notify the lessee or there are other circumstances that prevent the lessee from exercising the preemptive right, the lessee may request the lessor to bear the liability for compensation.

House and love

Is the house bought by one parent the same property before marriage?

According to the Civil Code, both men and women can agree that the property acquired during the marriage relationship and the property before marriage belong to themselves, all or part of them, and part of them. The agreement shall be in writing. If there is no agreement or the agreement is unclear, it shall be deemed that the property owned by only one party in the pre-marital property, will or gift contract is the personal property of the husband and wife.

In a word, the name on the room book is very important. If there is no written or public written agreement with the child, then after marriage, the man will add the woman's name to the household registration book, and the so-called common property of both parties will be divided equally; But if the woman's name is not added to the room, it belongs to personal property, and vice versa.

In addition, "it is forbidden to ask for property by marriage." It's time to ban the feudal bad habit of bride price.

House and marriage

Calm down for 30 days before buying a house after divorce, and be careful with the money bag in your pocket when there is a mistake in your marriage.

Divorce and buy a house? Need to calm down for 30 days first

In terms of divorce, the Civil Code stipulates a "cooling-off period" of 30 days. Within 30 days after the marriage registration office receives the application for divorce registration, if either party is unwilling to divorce, it may withdraw the application for divorce registration from the marriage registration office. It should be noted that in case of domestic violence, you can go directly to the court for divorce without waiting for the other party's consent.

During the marriage relationship, if one party conceals, transfers, sells, damages or squanders the joint property of the husband and wife or forges the debts of the husband and wife, which seriously damages the interests of the joint property of the husband and wife, one of the husband and wife may request the people's court to divide the joint property:

The Civil Code also strengthens the protection of the innocent party in marriage, stipulating that if the other party has serious faults such as bigamy, domestic violence and maltreatment of family members, the innocent party has the right to claim damages.

Houses and intermediaries

The seller wants to skip the order and trade privately? You still have to pay the agency fee.

According to Article 964 of the Civil Law, if the broker fails to facilitate the conclusion of the contract, the client shall pay the broker the necessary expenses for engaging in intermediary activities as agreed.

Because the agency contract can be terminated at any time, and the housing agency fee is very expensive, the agency fee for a 6.5438+million house in first-tier cities is as high as 200,000 to 300,000.

Sometimes it is inevitable that buyers will deliberately refuse the intermediary service that the intermediary has completed in order to avoid the obligation of paying remuneration, and then conclude a contract with a third person they know because of the intermediary. This is what we often say.

Article 965 of the Civil Code stipulates that, after accepting the services of an intermediary, the client shall pay remuneration to the intermediary if he uses the trading opportunities or media services provided by the intermediary to bypass the intermediary and directly conclude a contract.

House and property

Elevator advertising revenue should be made public, and it is not possible to urge the property to pay the property fee by means of water and electricity cuts.

Article 274 of the Civil Law stipulates that the roads within the building area belong to the owner, except those belonging to urban roads. Other public places, public facilities and property services within the building division are owned by the owner.

Article 283 stipulates that if there is an agreement on matters such as cost sharing and income distribution of buildings and their ancillary facilities, such agreement shall prevail; If there is no agreement or the agreement is unclear, it shall be determined according to the proportion of the owner's exclusive area.

In other words, the elevator belongs to the public facilities of the community and belongs to the property owned by the owner. After deducting reasonable expenses, it belongs to the owner. As for the destination of elevator advertising and other income in residential areas, the Civil Code clearly stipulates that property service providers should regularly disclose part of the business and income of the owners to the owners in a reasonable way, and report to the owners' assembly and owners' committee.

Article 284 stipulates that the owner may manage the building and its ancillary facilities by himself, or entrust the management to the realty service enterprise or other managers. The owner has the right to replace the realty service enterprise or other managers selected by the construction unit according to law.

In addition, you refused to pay the property fee because you were dissatisfied with the property service, and as a result, you were threatened by water and electricity cuts? Such "barbaric service" will be prohibited by the Civil Code.

According to the provisions of the Civil Law, property service providers shall not stop power supply, water supply, heat supply and gas supply to demand payment of property fees.

House property right

Automatic renewal of 70-year residential property rights

The land of residential real estate can be automatically renewed when it expires, but the renewal fee needs to be paid in accordance with laws and regulations. Real estate can not only be transferred as a whole, but also have the right of residence and ownership for up to 70 years.

However, there is no definition of commercial real estate with property rights of 40 or 50 years. I wonder if the store promotion activities of a leading real estate enterprise are related to this policy?

The "right of residence" of the house

"Cai Genhua" may be able to live permanently and legally in Sujia.

Article 366 of the Civil Code stipulates that the obligee has the right to occupy and use the usufructuary right of other people's houses in accordance with the agreement to meet the needs of living and living.

The establishment of the right of residence is free, unless otherwise agreed by both parties. Where the right of residence is established, it shall apply to the registration authority for registration of the right of residence. The right of residence is established when registering. The right of residence expires or the owner of the right of residence dies, and the right of residence is extinguished.

In other words, "Su Daqiang" only needs to apply for Cai Genhua's residence registration right for his own property like a registration agency, and Cai Genhua can live in this house until his death.

Some insiders have explained that after the formal implementation of the right of abode law, a residential property will have two rooms, one is the ownership room and the other is the right of abode room, and it will be registered at the real estate registration center. The two families are independent and interdependent, and they can fight or live.

The insiders also reminded that when buying second-hand houses, you should be careful not to buy properties with residency rights.

When the house becomes an inheritance

Fetuses also have the right to inherit.

The Civil Code keeps pace with the times, further expanding and defining the scope of heirs.

Due to the high single rate and dink family data, many properties may face the situation of no inheritance, so it is obvious that the following people can inherit the inheritance.

1. Married daughters have equal inheritance rights;

2. The fetus has the right of inheritance and retains the share of inheritance;

3. Children with urban hukou can inherit the house of their parents with rural hukou.

House and debt

The house can be transferred during the mortgage period.

The mortgaged house can be directly transferred without releasing the mortgage, but it must be signed and approved by the creditor; Mortgaged property can be directly transferred, and there is no need to cancel the mortgage.

Usually, buying a house usually requires a loan from a bank, and the bank will ask for a mortgage on the property. When the owner pays off the bank's money, the bank can cancel the mortgage for us, and the property can also be listed for sale.

Article 406 of the Civil Code stipulates that the house has been mortgaged, and the mortgagor, the property owner, can still sell the house. A house with a mortgage can be sold, and the mortgage can go with the house, which means it can be sold together with the mortgage.

Some insiders predict that the transaction volume of second-hand houses in the future will definitely increase substantially because of this provision.

The new policy of the central bank restricts home buyers' loans?

Focus 2

On June 5438+February 3, 2020/KLOC-0, the People's Bank of China and the China Banking Regulatory Commission jointly issued the Notice on Establishing a Centralized Management System for Real Estate Loans of Banking Financial Institutions. The circular requires that the loan concentration of banking financial institutions, that is, the ratio of real estate loans to individual housing loans, should meet the management requirements of the People's Bank of China and the China Banking Regulatory Commission.

The People's Bank of China and the China Banking Regulatory Commission classify the concentration of real estate loans into five levels according to the asset size and institution type of different banks. These five grades include large Chinese banks, medium-sized Chinese banks, small Chinese banks and non-county agricultural cooperative institutions, county agricultural cooperative institutions and village banks. Among them, the first large Chinese bank's real estate loan ceiling is 40%.

This notice is the proportion of real estate loans and personal housing loans given by the regulatory authorities to banks, and a "red line" has been set up respectively. These two ratios of banks must meet the requirements and shall not be higher than the upper limit set by the regulatory authorities. For banks that do not meet the requirements, the regulatory authorities have set a transition period.

Image source: National Business Daily

According to brokerage statistics, the proportion of real estate loans of listed banks is far from the upper limit. On the whole, most domestic banks, especially the first-class banks, have far from reaching the upper limit of 40% in real estate loans, while Bank of Communications (60 1328, stock bar) has only 26%. Looking at personal mortgages alone, only CCB and Postal Savings slightly exceed. Generally speaking, according to the current ratio, the mortgage will not be affected.

Zhang Dawei, chief analyst of Zhongyuan Real Estate, proposed

In the first gear, the proportion of personal housing loans of China Construction Bank (60 1939) and Postal Savings Bank slightly exceeded the red line of 32.5%, and the transition period of business adjustment was two years. In the second tranche, four banks "exceeded the standard", namely China Merchants Bank (600036, stock bar), Industrial Bank (601kloc-0/66), Shanghai Pudong Development Bank (600000, stock bar) and Ping An Bank (0000 1, stock bar). In the fourth tranche, Chengdu Bank, Bank of Zhengzhou Bank, Qingdao Bank (002948, shares bar) and Qingnong Commercial Bank (002958, shares bar) all have a transition period of four years.

In other words, the central bank's policy restrictions are only prevention, not tightening. Most banks have not reached the ceiling, and there is still room for lending.

According to the financing amount of real estate enterprises and the land market transactions, Zhang Dawei believes that the credit data is the real control data, and unless the credit data is reduced, the market will not turn completely.

It's easier to settle in Beijing?

Concern three

In fact, it is to solve the problem of "empty hanging households"

On June 5438+February 3, 20201day, Beijing Public Security Bureau issued "Working Opinions on Establishing Gong Hu" (draft for comments), proposing to promote the establishment of "Gong Hu" in Beijing's overall household registration police station, and eligible personnel can apply to settle in "Gong Hu".

The so-called "empty hanging households" refers to the phenomenon that after the property right of commercial housing changes, residents move, but their accounts remain in their original places of residence. Some property buyers spend a lot of money to buy real estate, but they encounter the problem that the original owner has been slow to move out of the account, forming an "empty hanging household". When the house is transferred again, the house price will be much lower than the market price and it will be difficult to sell it. Property buyers can only bear the losses caused by the depreciation of houses, which is also a long-standing trading difficulty in the second-hand housing market in Beijing.

Some analysts pointed out that the introduction of this policy will greatly change the long-standing problem of "empty hanging households" in the second-hand housing market in Beijing, which is conducive to the establishment of the second-hand housing market order and can avoid various housing contradictions and disputes such as demolition funds.