How many affordable housing property rights do individuals own?

"* * * Personal payment under property fees or property rights"

The drafter Shen stressed that the housing security law "* * * has property rights" is still under discussion, and tenants can buy all property rights.

Yesterday morning, Shen, vice president of Tsinghua University Law School, received a phone call. A resident of affordable housing nervously asked him if his house would become "* * * with property rights" in the future.

Shen, one of the drafters of the expert proposal draft of the Housing Security Law, which is currently under heated discussion, said that "affordable housing is shared by the government and individuals" and is the focus of attention in the proposal draft.

The discussion draft is placed on Shen's desk, and the top right corner reads "Internal Information", which is marked with a pen. Shen said that the model of property rights has been piloted in Huai 'an, Gansu and Jilin. Theoretically speaking, it is consistent with rights and obligations, which makes the protected object enjoy the fruits of development, cracks down on speculation and makes the government recover part of the funds. It is a practical way.

However, Shen especially hopes to clarify through the media that this draft is only an expert's suggestion at present, and its content still needs to be discussed and revised before it can take shape.

Drafting process

The expert's suggestion took more than a year to write.

Beijing News: I have been talking about the Housing Security Law before, but this discussion draft is the Basic Housing Security Law. What is the significance of renaming?

Shen: The theoretical and practical versions of the Housing Security Law have been integrated and reported to the Housing Security Department of the Ministry of Housing and Urban-Rural Development. Of course, the name has not been decided yet. However, I want to clarify an understanding that the Housing Security Law is "wide coverage and basic protection", and the core solution is still low-and middle-income families, not eyebrows and beards.

Article 1 of the Bill proposes to guarantee everyone's right to live and meet the basic housing needs of urban and rural residents. As far as "wide coverage" is concerned, we hope to cover as many income groups as possible, not just a few people; As far as "basic guarantee" is concerned, it mainly refers to the guarantee of basic housing, including housing area, basic supporting facilities, quality and safety standards, lots, etc., in order to solve the basic housing needs of low-income people. If you want to get a better living standard, you need to solve it through the commercial housing market.

Beijing News: To what extent has the drafting work progressed?

Shen: In 2008, when the Housing Security Law was first included in the legislative plan, the Ministry of Housing and Urban-Rural Development found Tsinghua University. It took us more than a year to draw up a theoretical version, during which we conducted research and absorbed foreign experience.

In June 2009, 165438+ 10, we held a closed-door meeting for 12 days, which was integrated with the practical version of Shenzhen Real Estate Research Institute. At present, the discussion draft has been submitted to the Ministry of Housing and Urban-Rural Development, which has been discussed three times before and after, and there is also an international seminar.

On June 28th, 2009, 165438+ Zhejiang Jiaxing affordable housing selection site, each applicant has only one chance. If the expert's proposal finally enters the law, the house they choose will be "owned by the government and individuals". Information picture

If you rent affordable housing, you should quit.

management by supervision

Beijing News: Many people think that to change the chaos of affordable housing, we must first strictly control the examination and approval?

Shen: When we were drafting the law, many experts suggested canceling affordable housing, but I personally think it should be viewed objectively, but it really should be changed, mainly because it has room for speculation.

Through the "* * * property right", on the one hand, it greatly suppressed the profit margin, and at the same time, when waiting for affordable housing, if someone practices fraud and engages in malpractices for personal gain, they will be investigated for administrative responsibility, and in serious cases, criminal responsibility.

Beijing News: What about fraudulent purchases?

Shen: For example, you can't apply for several years. If the circumstances are serious enough to constitute a crime, criminal responsibility shall also be investigated.

Beijing News: What should I do if the affordable housing is used for rent?

Shen: There are rules. We will also suggest that affordable housing should not be rented. Low-rent housing is definitely not for rent. If it is rented, it will be removed, as will affordable housing.

Beijing News: "Affordable housing sold for five years" was also written into the discussion draft?

Shen: I haven't decided yet. I don't even know how many years I can sell it. It's hard to say.

Beijing News: Can affordable housing with "* * * property rights" be inherited?

Shen: If the decedent is rich and no longer the object of protection, it involves an exit mechanism. Of course, it can be inherited, but it does not belong to the protected object. One way is to take back the house and the government will give you money. Another way is that you buy all the property rights of the house and recycle them into 100% property rights at the market price.

It's not just heredity that will cause this problem. For example, when someone just bought it, he met the qualification of the insured, but after a while, he made money again, so he should quit and buy a house at the market price or the house was recycled by the government.

Housing security law indirectly affects housing prices.

market influence

Beijing News: Besides low-income people, how can other groups be protected?

Shen: Different income groups are divided into different types to ensure their right to live. For example, the poorer classes use low-rent housing to solve the problem, the better conditions use affordable housing to solve the problem, and the better conditions can buy price-limited housing; No matter how good the conditions are, there is also housing provident fund protection.

Beijing News: You once said, how practical is it to use the housing provident fund to maintain the housing security of the "sandwich layer" of the city?

Shen: Provident funds are really available to people who work normally. In addition, if affordable housing is realized, I personally think that the application threshold of affordable housing can be lowered and the "sandwich layer" can be included. Of course, the waiting list must first meet the needs of low-income families.

Beijing News: If the Housing Security Law is promulgated, will it affect the current housing prices?

Shen: I don't think it is directly related, but if it is done well, it will have an indirect impact.

These security objects basically can't afford to buy commercial housing. Without this law to enforce the affordable housing system, they can only buy commercial housing in the market. If this law works well, they will apply for low-rent housing and buy affordable housing, which will certainly reduce the demand for commercial housing, thus indirectly affecting the real estate market.

However, I think its influence is not the law, but the local government's enforcement of housing security. If the national planning can be effectively completed, it will have an impact on the housing market.