Housing reform and demolition. My father has a remodeled house. Now, because of the need for demolition in the county construction, demolition is taken as compensation. But the conditions are very unfavorable,
List of housing reform policies
I. Need to know the listing of purchased public housing A. What is public housing? What is public housing listing?
Public housing refers to the public housing purchased by employees in accordance with the national housing system reform policy; The listing of public housing refers to the act of selling, exchanging and renting the purchased public housing according to law.
B. What conditions must the purchased public housing meet before it can be sold, exchanged and donated? If the purchased public housing meets the following conditions, it can be sold, exchanged or donated:
1. Has obtained the real estate ownership certificate;
2. At the time of sale, the mortgage price or cost price has been paid off;
3. In case of exchange or gift, the house price has been paid at the cost price;
4. Pay the assessed construction area price;
5. The transfer fee for the right to use state-owned land has been paid as required;
The purchased public housing has been paid at the standard price or cost price, and if the property right certificate is obtained, it can be mortgaged or rented.
C. What arrangements should be made for the sale, exchange and gift of the purchased undistributed public housing construction area?
1. When the purchased public housing with undistributed * * * construction area is sold, exchanged or given away, it must be calculated by Guangzhou Real Estate Surveying and Mapping Institute, which belongs to the shared * * * construction area of the housing;
2. For high-rise buildings with 10 floors or above (including10 floors), the shared * * * construction area shall be purchased by the property owner from the original property unit at 20% of the transaction evaluation price of the area;
3. For a multi-storey building with10 floor, the apportioned * * * building area shall be purchased by the property owner from the original property owner according to the transaction evaluation price of this area 10%;
4. If the original property unit has been revoked, the house payment shall be delivered to its superior competent department; If there is no superior competent department, it shall be delivered to Guangzhou Housing System Reform Office;
5. All the above income should be deposited in the special account of the employer's housing provident fund opened by the Guangzhou Housing System Reform Office in the bank for management;
6. The purchased public housing should share the measurement cost of * * * construction area, and the unit that collects the price of * * * construction area is responsible for it;
7. When the purchased public housing with * * * shared construction area is sold, exchanged or donated, the proceeds shall be returned to the original property owner in full.
D. What is the cost of selling, exchanging and donating purchased public housing?
Housing reform room 1, where the purchased public housing is sold, exchanged or donated, the property owner shall pay the transfer fee of state-owned land use right at 1% of the transaction evaluation price;
2. If the original property unit has paid the transfer fee for the right to use state-owned land, the property owner shall pay the transfer fee for the right to use state-owned land to the original property unit;
3. When the purchased public housing is listed, taxes and fees shall be levied in accordance with the relevant provisions of the state, province and city, but the business tax (and its additional urban construction tax and education surcharge, etc.). ) and exempt from land value-added tax when trading;
4. Those who have lived for more than 5 years shall be exempted from personal income tax.
E, what kind of public housing shall not be sold, exchanged and donated? The following purchased public housing shall not be listed:
1. The judicial organ or administrative organ has ruled or decided to seal up or restrict the real estate rights in other forms according to law;
2. Within the scope of the demolition announcement issued by the municipal housing demolition department;
3. Some houses have property rights, and some * * * do not agree to go public;
4. Violation of the agreement between the property owner and the original property unit;
5 national, provincial and municipal regulations can not be listed.
F. Matters needing attention in the sale, exchange and gift of purchased public housing:
1. Approved by Guangzhou Housing System Reform Office;
2. According to the relevant laws and regulations on sale, exchange, gift, mortgage and lease, handle the transaction transfer, property right registration and lease registration procedures;
3. When selling the purchased public housing purchased at the standard price, the seller shall, within 30 days after the transaction is confirmed, deposit part of the income of the original property right unit into a special fund account before handling the property right transfer registration;
4. When the purchased public housing is sold, both parties to the transaction shall truthfully declare the transaction price. Under the same conditions, the original property unit has the preemptive right;
5. The original property unit shall make a written reply within 10 days from the date of receiving the written notice from Guangzhou Real Estate Exchange, and handle the transaction procedures;
6. Failing to reply or go through the transaction formalities within the time limit shall be deemed as giving up the preemptive right;
7. The part of the purchased public housing that exceeds the allocation standard of my post housing area has been purchased at the market price, and the excess part is exempted from the transfer of state-owned land use right when it is sold;
8. When the purchased public housing is sold, the property owner originally purchased it at the cost price, and all the value-added parts are owned by individuals;
9. If purchased at the standard price, 80% of the value-added part belongs to the individual and 20% belongs to the original property right unit, and it is included in the housing fund management provided by the employer's special account opened by the Guangzhou Housing System Reform Office in the bank;
10. If purchased public houses are exchanged with each other, or with commercial houses or private houses, they shall be priced according to the appraised price of Guangzhou Real Estate Exchange, and relevant transaction taxes shall be paid as required;
1 1. After the purchased public housing is listed, the original property owner and his/her spouse may no longer enjoy the allocation, rental or purchase of public housing according to the preferential welfare policy.
G, the purchase and sale procedures of housing reform:
1. Before the house is sold, exchanged or donated, it is necessary to truthfully fill out the Approval Form for Guangzhou Employees to Purchase Public Housing, and the original property right unit will check whether there is any violation of the house purchase agreement. For sale, the original property unit shall add opinions on whether to purchase, and submit the following materials to the Municipal Housing Reform Office for listing approval procedures;
(1), "Guangzhou employees have purchased public housing listing approval form" in six copies;
② Property ownership certificate or house ownership certificate and state-owned land use certificate. Exchanges and gifts must be paid at cost;
③ Guangzhou Public Housing Purchase and Sale Agreement;
(4) the identity card of the property owner. 2, the sale and exchange procedures:
(1) If the attached drawings of the real estate license, the house ownership certificate and the state-owned land use certificate are not equipped with the construction area, go through the entrusted measurement procedures at the Municipal Real Estate Surveying and Mapping Office and calculate the * * * construction area;
(2) Go through the transaction transfer formalities at the Municipal Real Estate Exchange with the approval of the Guangzhou Municipal Housing Reform Office, the real estate license or house ownership certificate, and the state-owned land use certificate;
(III) The property owner shall, within 30 days from the date when the notice of transaction transfer is issued by the municipal real estate exchange, pay the relevant taxes and fees and the transfer fee of the right to use state-owned land, and deposit the income of the original property unit into the special account for housing funds provided by the employer. After being approved and issued by the Municipal Housing Reform Office, go through the transaction transfer formalities at the Municipal Real Estate Exchange, go through the registration of house property right transfer at the Municipal Real Estate Registry, and receive the "Real Estate Certificate";
3. Gift program
(1), with the attached drawings of Property Ownership Certificate or House Ownership Certificate and State-owned Land Use Certificate, go to the Municipal Real Estate Surveying and Mapping Office for entrusted measurement and calculate the allocated ×××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××
(2) After the notary office issues the appraisal letter of introduction, it will go to the city real estate appraisal office for appraisal with the appraisal letter of introduction, real estate license or property ownership certificate and state-owned land use certificate, and it will go to the notary office for gift notarization with the relevant information issued by the city real estate appraisal office;
(3) With the approval of the Municipal Housing Reform Office, the Approval Form for the Listing of Public Housing Purchased by Guangzhou Employees and notarized documents shall be registered at the Municipal Real Estate Registry, relevant taxes and fees shall be paid, the right to use state-owned land shall be transferred and the construction area price shall be shared;
4. Mortgage procedure
With the "Guangzhou Public Housing Listing Approval Form" approved by the Municipal Housing Reform Office, apply to the Municipal Real Estate Registration Office for mortgage registration procedures such as filling in the form, filing, income payment, confirmation, certification and certification.
housing reform
5. Lease procedures
(1), with the approval of the Municipal Housing Reform Office, go to the housing lease management department to handle the house ownership certificate with the Approval Form for the Listing of Public Housing Purchased by Guangzhou Employees;
(2) After the listing of housing reform houses is approved by Guangzhou Housing Reform Office, relevant procedures such as transaction transfer, property right registration, mortgage registration and lease registration shall be handled according to relevant laws and regulations such as sale, exchange, gift, mortgage and lease. H. Mortgage arrangement after purchasing public housing?
1. If the purchased public housing is mortgaged, the mortgage amount shall be set after deducting various taxes and fees in accordance with relevant regulations, and the mortgage registration shall be handled in accordance with regulations;
2. When the purchased public housing is mortgaged, it was originally purchased at the cost price, and it shall be handled in accordance with Articles 6 and 7 of the Regulations on Listing and Trading of Public Housing in Guangzhou. After deducting relevant taxes and fees, the mortgagee may be compensated according to law;
3. When the purchased public housing is mortgaged, it was originally purchased at the standard price, and it shall be handled in accordance with Articles 6, 7 and 12 of the Provisions of Guangzhou Municipality on the Listing and Trading of Purchased Public Housing. After deducting relevant taxes and fees, the mortgagee may be compensated according to law.
Two. List of listing fees for housing reform houses
The sale of purchased public housing is taxable:
Seller:
1. Pay the transaction fee at 0.5% of the house selling price;
2. Pay stamp duty at 0.05% of the house price;
3. Pay the transfer fee of state-owned land according to the transaction evaluation price 1%;
4. Pay personal income tax according to regulations (exempt from personal income tax if you live for more than 5 years).
Buyer:
1. Pay the transaction fee at 0.3% of the house selling price;
2. Charge a transaction fee of 0.05% of the house price;
3. Pay deed tax at 3% of the house price.