Second, how to inquire about the property rights of second-hand houses?
"Second-hand housing" transaction is generally a buying and selling behavior between individuals, so it may be more difficult to deal with the complexity of commercial housing sold by developers. Especially for the understanding of property rights, only through the housing management department and the understanding of the identity of the seller can the buyers get real information. The following will introduce the property rights and procedures of investigating "second-hand houses".
In order to understand the property right of the house, the first step for the buyer is to ask the seller to provide legal documents, including property right certificate, identity certificate, qualification certificate and other documents.
The title certificate refers to the Property Ownership Certificate and the Land Use Right Certificate. Identity documents refer to identity cards, work permits and household registration books. Qualification certificate refers to checking the subject qualification of both parties to the transaction. For example: commercial housing sales should check the seller's housing development and operation qualification certificate; The agent shall check whether the power of attorney is valid; * * * There is a house for sale, and other * * * consent certificates are needed. Other documents refer to: lease the property, and check the agreement or proof that the lessee waives the preemptive right; * * * If there is any real estate, you need to check the agreement or proof that * * * someone gave up the preemptive right; Winning property, to check the winning notice and the corresponding certificate.
The second step is to inquire about the property right source of the purchased property from the relevant property management department. The specific inspection method is:
Check the property rights records. Including:
1. Who is the owner? If * * * owns property, we should pay attention to the proportion of property rights and ownership forms of each * * *; 2. Document number, that is, the document number of the transaction. If the inquirer wants to get the whole document, he can use this number to get a copy of the document from the relevant parties; 3. Registration date, that is, the signing date of the transaction; 4. Transaction price, that is, the transaction transaction price. Inquirers should note that if the transaction price is marked as "partial transaction price", it means that the transaction price includes not only houses, but also other real estate products; 5. Other contents, such as the floor plan of the house.
The third step is to check whether the house has a debt burden. Housing property records only register the authenticity of the owner's property rights and the original transaction facts. As for the debts and liabilities arising from the housing operation, you must check the relevant supporting documents. Including: mortgage contract, lease, etc. , but also to learn more about the loan amount and repayment amount, interest and rent amount, so as to have a deeper understanding of the property. In addition, buyers also need to know whether the house is mortgaged and whether the house is sealed up by the court. Finally, it is necessary to remind property buyers that when buying second-hand houses, it is especially necessary to find out whether the source of the purchased houses belongs to the houses sold through housing reform. Because in accordance with the relevant provisions of the housing reform, the housing purchased by urban workers at the standard price or cost price shall not be listed and traded within 5 years after purchase; Five years later, if the house is sold, the original property unit also has the preemptive right. If you buy such a house, there may be problems.
In a word, if buyers want to know the real situation of housing property rights, they should not only ask the seller for all property rights certificates and read them carefully, but also go to the housing management department to inquire about the property rights records of the property. Only by comparing the two can they clearly know all the details of the property rights of the house and not miss anything.
3. What taxes and fees should I pay for buying a second-hand house?
1. deed tax: (collected by the Municipal Housing Property Supervision Office) If an individual purchases an ordinary house for his own use, the deed tax shall be collected according to the transaction price or the guide price × 1.5%; Other circumstances (such as individual purchase of non-annual residence or unit purchase, etc.). ) are charged at 3%;
2. Transaction cost: (collected by the municipal real estate trading center) transaction price or guidance price × 0.5%;
3. Transfer registration fee: (collected by the Municipal Housing Property Supervision Office) the transaction price or guidance price × 0.5%;
4. What are the characteristics of second-hand housing property rights?
From the perspective of the interest relationship of property rights, incomplete property rights, including the above-mentioned forms of housing property rights, have the following characteristics:
1. The subject of rights is relative, and the rights of property owners are limited.
In the process of buying and selling houses with complete property rights, such as commercial houses and private houses, the seller's rights are hardly restricted by policies, and he can sell houses to any buyer. Houses with incomplete property rights are not, and often have restrictions on the number of years of residence and need the consent of the unit. Some also have restrictions on buyers, requiring priority to be given to national housing management departments, units or colleagues, or to low-and middle-income families with housing difficulties.
At present, the State Council explicitly prohibits the trading activities in the form of welfare property rights and limited property rights.
2. The object of rights is relative, and the housing area is limited.
The housing area with full property rights is not restricted by the policy, but the policy housing is different. Units in different regions have standard restrictions on the housing area of civil servants and employees at different levels.
3. The content of ownership is relative and its power is limited.
The owner of a house with complete property rights enjoys exclusive and absolute rights to the possession, use, income and disposal of the house, and also has corresponding complete land property rights (use rights). The power of these incomplete property rights is relative and limited, and they do not have complete land property rights. In terms of possession and use right, generally only property owners and their families are allowed to use it, and others are not allowed to possess and use it; In principle, it is not allowed to use the housing with relative property rights to obtain income, or only allow some income under certain conditions.
First, how to measure the housing area of second-hand houses?
The first step in measuring the area is to measure the area. Measuring the area is not difficult, but it is not as simple as ordinary buyers think. There are some technical requirements to pay attention to.
First of all, we should investigate the scope of property rights, ownership and use of second-hand houses; When different properties are in the same building, it is necessary to find out the own part and * * * part of the owner of the house and the property rights of the adjacent houses, so as to avoid the embarrassing situation of infringing on the property rights of others under unknown circumstances.
The second problem that needs to be paid attention to when measuring is how to deal with the thickness of internal and external walls. We need to find out whether the partition is a * * * wall or a borrowing wall. If the partition wall belongs to two households, it is called a * * * wall. If the property right of the partition belongs to the neighboring households, it is called "borrowing the wall". When measuring, if it is a "* * * wall", it is necessary to measure the centerline of the wall; If you borrow a wall, you can only measure the inner wall of the house. Don't measure the wall, or it will increase the area.
When measuring the area of second-hand houses, it is necessary to measure them in sections in most cases, which will lead to the problem of accumulated errors. Therefore, it is best to pull the tape measure to the end of each measurement and draw an alignment point at the same time to minimize the error. Another way to reduce the error is to measure it patiently several times. Generally speaking, the average value of several times is more accurate and reliable than the value obtained by one measurement. Of course, the difference between the results of each measurement should not be too big, otherwise there will be problems. If the side length is less than 5 meters, the difference between the two measurements cannot exceed 8 cm; If the side length is within10m, the difference between the two measurements cannot exceed10cm; If the side length is less than 20m, the difference between the two measurements should not exceed11cm; If the side length is less than 30 meters, the difference between the two measurements should not exceed 20 cm.
Measuring second-hand houses is relatively simple, and measuring stairs is relatively complicated. Measurement shall be made according to the horizontal projection length of stairs.
If the second-hand house has a mezzanine, in addition to measuring the side length of the surrounding frame, it is also necessary to measure the height and make a calculation area.
The internal structure of ordinary second-hand houses is usually rectangular, which is more convenient to measure. But there are also some second-hand houses whose internal structures are irregular polygons, such as parallelogram and trapezoid, which can be decomposed into triangles as much as possible to facilitate measurement and calculation. If there is an arc at the corner, it can only be decomposed into triangles as much as possible for measurement and calculation. Of course, don't forget to increase the wall thickness.
Finally, I want to ask a question about the ruler. It's best to check the tape measure before using it. The method is to use a 30-meter-long steel ruler for examination and approval. If the error between two rulers is greater than 10 cm, it needs to be adjusted before use.
Second, how to share the land area of second-hand houses
In addition to sharing the construction area, there is another area that needs to be calculated and shared: land use area.
If a land number is unique to a family's property rights, then the family's land use scope includes housing area, patio, courtyard land and others. More commonly, of course, many households have the same land number, so the land use scope of each household includes housing area, special land, shared courtyard and so on. Distribution requirements should be separated and affordable, and the sum of the land area used by each household should be equal to the total area of this land. However, there is always a difference between the two. If the error is within the allowable range, it must be adjusted according to the land area used by each household.
So how to share the courtyard area of a piece of land? The principle is to calculate according to the proportion of each household in the construction area. Here's a formula:
Land shared by households in the same courtyard = courtyard area used in the plot/total construction area in the plot x construction area of each household.
In addition to sharing the courtyard area, if the property right belongs to each household, the principle of sharing the land area is also calculated according to the proportion of each household to the construction area. The formula is as follows:
Land use area shared by each household = total land use area of this building/total construction area of this building x construction area of each household.
Third, how to calculate the construction area of second-hand houses?
The use area of second-hand houses is relatively easy to measure. As long as you carefully measure according to the above method, measure all the usable area in the room, and then use a simple area formula to know. In practice, the more troublesome problem is the calculation of the second-hand housing construction area, because this part of the area is not actually used by households, or is not used by households alone, and will also be spread into it.
According to the standard, the following building parts of second-hand houses need to be included in the construction area:
If it is a single-story building, no matter how high the building is, it is calculated as one story. Its construction area should be calculated according to the peripheral horizontal area above the external wall of the building. But if there are several floors in a single-story building, the building area should also be calculated.
If it is a single-story building with high and low spans, the construction area needs to be calculated separately. When the high span is a side span, it is calculated according to the horizontal length between the outer surfaces of gables at both ends above the foot, multiplied by the horizontal width of the outer surface above the foot to the middle and outer sideline of the high span; When the high span is the middle span, it is calculated by multiplying the horizontal length between the outer surfaces of gables at both ends above the foot by the horizontal width of the side line of the central column.
Of course, the construction area of multi-storey buildings is calculated according to the sum of the construction areas of each floor, and the bottom floor is calculated according to the peripheral horizontal area above the external wall of the building, but it should be noted that from the second floor, it needs to be calculated according to the peripheral horizontal area of the external wall.
The above introduction is basically aimed at the calculation of the entire second-hand housing construction area. Of course, usually not many people can buy a second-hand house. If the second-hand house is unique to one household, then the construction area of the household is naturally the sum of the whole construction area, and there are no problems such as sharing.
There are basements, semi-basements, underground warehouses, underground parking lots, underground shops and corresponding entrance and exit construction areas, which are calculated according to the horizontal area of the periphery of the upper external wall. Please note, however, that light wells, moisture barriers and protective walls are not included.
If the height of the underground overhead floor made of deep foundation exceeds 2.2m, the construction area shall be calculated according to half of the horizontal area around the overhead floor; However, the overhead floor is the hanging leg of the inclined building, and if the height exceeds 2.2m, the construction area shall be calculated according to the horizontal area around the enclosure structure.
There is no doubt that every building will have passages, halls and halls that pass through the building, but no matter how high these parts are, the construction area can only be calculated according to the first floor. If the lobby and lobby have corridors with beautiful curves but difficult to calculate, then the building area should be calculated according to the horizontal projection area of the corridor.
In addition, elevator shaft, elevator shaft, garbage chute and pipeline shaft are all indispensable parts of the building, and the construction area should be calculated according to the natural floors of the building.
As for the technical floor in the building, if the height exceeds 22 meters, it must also be included in the construction area.
If there is a column awning, the construction area shall be calculated according to the peripheral horizontal area; However, please note that if it is a awning with independent columns, the construction area should be calculated as half of the horizontal projection area of the top cover.
The same situation as the column awning is: carport, freight shed, platform, etc. If there are pillars, the construction area shall be calculated according to the horizontal area around the pillars; But if it is a single column or an independent column, it can only be calculated by half of the horizontal projection area of the top cover.
Some stairs, elevators, water tanks, computer rooms and other parts will protrude from the surface of the house. At this time, it is necessary to calculate the building area according to the horizontal area around the envelope. There is also a door bucket protruding from the wall, which is also calculated in the same way.
The building area of balcony needs to be calculated according to different types. If the balcony is closed, then the construction area is calculated according to the horizontal projection area; But if it is a concave balcony or balcony, it can only be calculated according to half of the horizontal projection area of the balcony. Attention; Half the area again.
Some buildings have roofs and columns in their corridors and eaves galleries. If you calculate the building area, you need to calculate it according to the horizontal area of the column perimeter. But if there are no columns, it can only be calculated by half of the projected area.
The same calculation method is also applicable to the overhead corridor between two buildings. If there is a roof, the construction area is also calculated according to the projected area of the corridor. If there is no top cover, it can only be calculated according to half of the projected area.
Except indoor stairs, most buildings have outdoor stairs. Outdoor stairs are used as main passages or evacuation, and the construction area should be calculated according to the horizontal projection area of each floor, but indoor stairs should be calculated according to half of the horizontal projection area.
If it is an elevated single-story building that spans other buildings and structures, it is also calculated according to the horizontal projection area. If it is a multi-storey building, it is calculated according to the natural number of floors.