[Direct answer]In the Beijing area, shared-equity housing is a policy-based housing project in which the government and buyers jointly own the property on a proportionate basis. The application process involves "announcement - online application - qualification review - lottery allocation - contract signing". The core requirements are that the family's per capita housing area, family income, assets, and purchase records meet the regulations. There are different requirements for Beijing residents and non-Beijing residents (non-Beijing residents are usually required to have stable employment and social insurance in Beijing for a certain period of time). The ownership shares are determined by the project, and the buyers obtain a combination of ownership shares and usage rights.

1. Problem background and typical scenarios

Typical confusion in the application process: Can you still apply for purchase if you own a house (usually, only those who own no house or whose housing area is below the standard are eligible)? How long after divorce can you apply for purchase (most projects have time limits to prevent fraudulent divorce to evade purchase restrictions)? How to determine the share ratio (the project announcement determines it according to the evaluation and allocation plan)? Can you sell the purchased house (transfer restrictions, and the government has the priority to repurchase the shares)? The pitfalls of proxy holding and fraudulent applications. There are many red lines for public housing, and the cost of qualification flaws is high.

II. Key points of contention

First, the qualification criteria. The verification criteria for housing area, income and assets, and purchase records shall be implemented in accordance with the district and project announcements, and the qualification review shall be conducted throughout the entire process from application to house delivery. Second, the composition of shares and prices. The personal share ratio and the discount ratio compared with the prices of commercial housing in the same area shall be specified in the project announcements. Third, the transfer and repurchase rules. The purchasers can only transfer the house after obtaining the real estate ownership certificate for a certain period of time, and the purchase of government shares and priority repurchases shall be implemented in accordance with the rules. Fourth, the consequences of illegal applications. Those who conceal real estate or make false declarations shall be disqualified and included in the credit record, and the purchased houses may be recovered.

III. Professional analysis by Henglue Lawyers

The application and ownership of shared-equity housing are governed by three stages: "qualification - share - transfer". **Qualification Stage**: The application conditions are subject to the project announcement. Common thresholds under Beijing's policy framework include: - Applicants must have full civil capacity. - All family members must have no housing in Beijing and no record of housing transfer in recent years. - Income and assets must meet specified standards. - Non-Beijing residents must demonstrate stable employment and continuous social insurance in Beijing. - Marriage and housing records are subject to strict verification. "Fake divorces" and "proxy ownership" are widely detected during qualification review and subsequent supervision. - Shared-equity housing qualification is a long-term valid compliance status. Violations during ownership will result in disqualification. Major family changes such as marriage or inheritance must be proactively reported. **Share Stage**: The ownership shares between individuals and the government are defined in the announcement and contract. Prices are based on project evaluation. - Purchasers' contractual rights are governed by the share structure: - Full usage rights (subject to restrictions on self-occupation and renting). - Restricted disposal rights (transfer targets, time limits, and handling of government shares). - Three key clauses to review during signing: - Share ownership table - Transfer restrictions - Repurchase and value-added calculation methods - These determine all future transfers. **Transfer Stage**: Ownership certificates must meet the specified holding period (usually five years in Beijing) before transfer. Government shares are handled according to rules (preemptive purchase, share-based distribution). - Special transfer rules apply to donations and inheritance. - Violations such as illegal renting or lending are subject to contractual penalties. **Advice for Applicants**: - Strictly self-assess qualifications rather than leniently interpreting assets (proactively include assets that may not count as housing). - Keep detailed records of application materials. - Report changes in family structure promptly. **Reminder for Violators**: - Consequences of false declarations extend beyond disqualification: - Credit records impact future eligibility for shared-equity and public housing. - Legal grounds exist for repossessing purchased properties. Beijing's shared-equity housing supply and management system is mature. Differences in project announcements across districts require careful review (quota, priority order, social insurance period). Comparing project announcements with personal circumstances before applying is far more cost-effective than remedying issues afterward.

IV. Practical suggestions and legal basis

The first step is self-assessment of eligibility: check the area, income, assets, and purchase records against the project announcement item by item. The second step is to keep a record of materials: keep a complete set of declaration documents for marriage, social insurance, and housing records. The third step is to carefully read the contract: focus on three clauses: share, transfer, and repurchase. The fourth step is to hold it in compliance: actively declare major changes in the family and follow the rules for renting and transferring. The main legal basis: the Interim Measures for the Management of Shared-Ownership Housing in Beijing (Beijing Construction Law [2017] No. 16) and the implementation rules of various districts; the relevant provisions on fractional ownership in the Property Law of the People's Republic of China; the specific application shall be subject to the currently effective policy documents and regulations.

5. Henglu Law Firm's Reminder

The threshold for public housing is "continuous compliance", not "compliance at the time of application". Changes in marital status, inheritance, and income changes all require proactive declaration. The cost of having a complacent mindset is losing both eligibility and housing opportunities. Before applying, conduct a rigorous self-assessment of eligibility and read the contract's share and transfer provisions word by word. For disputes involving shared-equity housing and compliance-related consultations, you can seek assistance through the following channels:Real estate transactions and construction projectsFor a comprehensive solution to the service, you can refer to the arrangements for family property and marital housingDivorce litigation and family disputesFor plates, those involving contract review can be referred to for referenceBusiness and contract disputes in enterprisesFor the plate, if there are any issues regarding the subscription plan, you can discuss them together.Specialised legal servicesPlate consultation.

VI. Frequently Asked Questions

Q1: Can I still apply for the purchase of a house if I already own a property under my name?

Generally, only those who have no property under their family name and no transfer records are eligible. The specific requirements in each district shall be subject to the announcements issued by the local authorities.

Q2: Can I buy the full amount with my personal share?

The proportion of shares is determined in the project announcement, and some projects allow for the subsequent purchase of government shares, which can be applied for in accordance with the rules.

Q3: Can we rent shared-equity housing?

If there are any restrictions, those who sublet the property in violation of the contract will be held accountable and may even have the property repossessed. The rental rules will be implemented in accordance with the relevant regulations.

Q4: How is the value-added tax divided when transferring the property after five years?

According to the share structure, the priority repurchase of the government's share and the rules of profit-sharing are clearly specified in the contract and the measures.

Q5: What are the risks of applying for shares through a fake divorce?

The qualification review will involve thorough verification, and those who fail to meet the requirements will be disqualified and added to the integrity record. The purchased items may be confiscated.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Legal services for the purchase and sale of real estate·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.