1. Can the business building be transformed into a residence?
You can't.
Commercial housing mortgage loan is a secured loan for the purchase of commercial housing, including new and second-hand houses. Commercial housing refers to all kinds of houses approved for non-residential purposes such as office and business. The longest loan term is 10 year. The maturity date of the loan shall not exceed the maturity date of the service life of the house and land. The loan is only used for the borrower to purchase commercial housing, and may not be used for other purposes or cash withdrawal.
The second is commercial and residential housing loans.
Commercial and residential dual-use houses can register companies but cannot settle down. Commercial and residential dual-use houses can only be paid in full or by commercial loans, and the loan interest rate rises 10% on the basis of the benchmark interest rate. Provident fund loans and portfolio loans cannot be used, and the maximum loanable price is 50%, and the longest is 10 year.
In the second transaction of commercial and residential dual-use houses, the tax is higher than that of ordinary commercial houses. The deed tax is levied at 3% of the appraised price, 2% of the difference of individual tax collection and 5.62% of the difference of business tax collection. The public maintenance fund is paid according to 133 flat/yuan, and property tax is also required, but it is generally replaced by rent tax, and each house still needs to pay rent tax ranging from 6000- 1000 yuan.
3. What relevant laws and regulations are involved in the transformation of residential houses into commercial houses?
It must be clearly stated that "changing residence to business" is not unconditional, and residential owners cannot do whatever they want when changing their residential uses. They need to meet two conditions: first, there is no corresponding prohibition in relevant laws and regulations. Second, "commercial use of residential buildings" must be approved by interested owners. Interested owners not only refer to "other owners in the same building", but also include "affected owners in other buildings". This is a concrete manifestation of properly handling neighboring relations and fully respecting neighboring rights. If the relevant owners do not agree, even if laws, regulations and management regulations do not prohibit it, the house cannot be converted into business. The above two conditions must be met at the same time, and neither of them is dispensable. To sum up, the transformation of residential houses into commercial houses mainly involves the following relevant laws and regulations:
1. Article 50 of the Property Management Law of People's Republic of China (PRC): "The public buildings and facilities built according to the plan in the property management area shall not be changed. If the owners need to change the use of public buildings and facilities according to law, they shall inform the property management enterprises after handling the relevant formalities according to law; If a property management enterprise really needs to change the roads of public buildings and facilities, it shall submit it to the owners' meeting for discussion and decision, and the owners shall go through the relevant formalities according to law. "
2. Article 279 of the Civil Code of People's Republic of China (PRC): The owner shall not change the residence into business premises in violation of laws, regulations and management regulations. Owners who change their houses into business houses shall obtain the consent of interested owners in addition to observing laws, regulations and management regulations.
Legal objectivity:
People's Republic of China (PRC) Civil Code
Article 27 1
Owners have the ownership of exclusive parts of buildings such as houses and business buildings, and have the right to co-manage the parts other than the exclusive parts.
People's Republic of China (PRC) Civil Code
Article 279
Owners shall not violate laws, regulations and management regulations, and change the house into a business house. If the owner changes the house into a business house, in addition to complying with laws, regulations and management regulations, it shall also be unanimously agreed by the interested owners.