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What is the nature of residential property?

Legal analysis:

Commercial housing refers to houses that are developed by real estate development and management companies (individuals and foreign companies) and leased to government agencies for 40, 50 and 70 years with the approval of relevant government departments. After completion, it was used for market sale and rental, including residential buildings, commercial housing and other buildings, which rose in China in the 1980s. Commercial housing is different from residential housing in the following aspects: (1) Different in nature: Commercial housing is a way of obtaining and a commodity exchange in the real estate market. When selling at the market price, buyers and sellers will bargain and trade in accordance with the economic environment stipulated by the state; Housing is only a kind of residential housing, and the state can divide the standards according to the prescribed policies, such as ordinary housing, high-grade housing, multi-storey housing, high-rise housing and so on. (2) Different property rights: Because commercial housing can only have the land use right of 50 years, it can apply to the state for extension after the expiration of the land use period. Pure residential houses have 70 years of property rights, pay a certain fee, and automatically renew the lease when it expires. (3) There are differences in ownership: commercial housing is sold within the policy scope stipulated by the state. Commercial housing is divided into export-oriented commercial housing and cut-in commercial housing. According to the after-sale function of commercial housing, commercial housing can be divided into residential and other uses. Therefore, the use of commercial housing is relatively extensive. The main function of housing is to provide people with a house for leisure living, which has no commercial use. Under normal circumstances, ordinary houses cannot be listed and traded. (4) The loan conditions are different: most commercial houses cannot apply for provident fund loans, but a few projects can be done through the efforts of developers. And the purchase of residential housing can use provident fund loans, you can get 50% or 60% mortgage.

Legal basis:

Measures for the administration of commercial housing sales

Seventh commercial housing sales shall meet the following conditions:

(1) The real estate development enterprise that sells commercial housing now shall have the Business License of Enterprise as a Legal Person and the Qualification Certificate of Real Estate Development Enterprise;

(2) Obtaining a land use right certificate or a land use approval document;

(3) Holding a construction project planning permit and a construction permit;

(4) It has passed the completion acceptance;

(five) the demolition and resettlement has been implemented;

(six) water supply, power supply, heating, gas, communications and other supporting infrastructure have delivery conditions, other supporting infrastructure and public facilities have delivery conditions or the construction progress and delivery date have been determined;

(seven) the property management plan has been implemented.

Eighth real estate development enterprises shall, before the sale of commercial housing, submit the real estate development project manual and relevant supporting documents that meet the conditions for the sale of commercial housing to the competent department of real estate development for the record.