What is a small property? What is a small property?

Generally speaking, a small property right house refers to a house built on rural collective land, which does not have a property right certificate issued by the state housing management department. Small property rights can only be transferred within the village collective, and cannot be given to people outside the village collective.

Don't talk about the official words, say something you can understand. Small property rights are houses that have not been planned, approved, the developer has not paid the land transfer fee, the housing authority has not registered for the record, has not signed online, has not had a real estate certificate, a land certificate, cannot pay deed tax, public maintenance and other fees, and cannot give you economic and in-kind compensation after demolition.

To put it simply, it is the kind of urban-rural junction or urban and rural areas, using collective land, without approval, to build **, this kind of house does not have a real estate certificate, is not protected by law! Satisfied, ask for praise!

The above is not correct, and now the general definition of small property rights is that, first, according to whether the house needs to pay the land transfer fee when the house is transferred again, it is called "large property rights", and those who need to pay the land transfer fee are called "small property rights". According to this interpretation, ordinary commercial housing is "large property rights" housing, and affordable housing is "small property rights" housing.

Second, according to the issuing authority of the property right certificate, the state issues the property right certificate called "large property rights", and the state does not issue property rights certificates, and the certificates issued by the township ** are called "small property rights", also known as "township property rights". Buyers should note that "township property rights" do not constitute property rights in the true legal sense.

The first type of small property rights is fine, and the second type is completely unprotected by law. Equals that you are spending money on renting. Don't buy it. The first must be very low** to be considered.

Those that have not undergone planning approval are called small property rights.

Small property right house, refers to the construction of houses on rural collective land, without paying land transfer fees and other fees, the property right certificate is not issued by the state housing management department, but issued by the township ** or village **, so it is called "township property right house", also called "small property right house". "Small property right house" is not a legal concept, but a conventional title formed by people in social practice. The so-called small property rights issued by the township ** actually have no real property rights.

This kind of house does not have a land use certificate and pre-sale permit issued by the state, and the land and housing management bureau will not file the purchase contract. The so-called property right certificate is not a real legal and valid property right certificate.

In February 2012, a spokesman for the Ministry of Land and Resources said that in 2012, a pilot project would be used to clean up small property rights. As for the short-term "small property rights fever" brought about by the conjecture of "turning positive" into the market, whether it can really "turn positive", all localities must follow national legislation and relevant policies.

The Third Plenary Session of the 18th Central Committee of the Communist Party of China adopted the "Decision of the Communist Party of China on Several Major Issues Concerning Comprehensively Deepening Reform" (hereinafter referred to as the "Decision") proposed that under the premise of complying with planning and use control, rural collective operating construction land is allowed to be transferred, leased and shared, and the same market access, same rights and same price as state-owned land. [1]

On November 22, 2013, the Ministry of Land and Resources and the Ministry of Housing and Urban-Rural Development issued an emergency notice, requiring a comprehensive and correct understanding of the measures of the Third Plenary Session of the 18th Central Committee on the establishment of a unified urban and rural construction land market, strict implementation of the overall land use plan and urban and rural construction planning, strict implementation of the land use control system, strict adherence to the red line of cultivated land, and resolutely curb the behavior of "small property rights houses" under construction and for sale.

Do you know what a small property is?

Small-scale property rights are houses built on rented land or illegally occupied land without the approval of any relevant state departments and links. Small-scale property rights cannot obtain a state-recognized house ownership certificate, and in fact have no real property rights and are not protected by law.

[Legal basis].Article 38 of the Law on the Administration of Urban Real Estate.

The following real estate is not transferable:

1) Where the land use right is obtained by way of transfer, it does not meet the conditions provided for in Article 39 of this Law;

2) Where judicial or administrative organs make rulings or decide to seal up or otherwise restrict real estate rights in accordance with law;

3) recovering the right to use land in accordance with law;

4) Co-ownership of real estate, without the written consent of the other co-owners;

5) the ownership is disputed;

6) Failure to register and receive a certificate of ownership in accordance with law;

7) Other circumstances where laws or administrative regulations prohibit transfer.

Small-property rights housing refers to the houses built on collective land or commercial houses organized and built by farmers themselves in the name of new rural construction by some village collective organizations or developers. From the land for building houses, "small property rights" can be divided into three categories: residential buildings built with rural homesteads; Residential buildings built on non-residential construction land owned by peasant collectives, such as those built on land used by township enterprises, rural public facilities and public welfare undertakings; Housing built directly from agricultural land.

The property right certificate is issued by the township ** or village committee, rather than the state, and sometimes it is only a contract agreement, and there is no property right certificate. "Small property rights" are actually "collective property rights" such as "township property rights houses" and "village property rights houses", and according to the principles stipulated in the Civil Code, these property rights are not legal property rights protected by law. Compared with commercial housing in the general sense, "small property right housing" does not have the concept of land transfer money, and there is no crazy profit grabbing by developers, so the ** of "small property right housing" is generally only one-third or even lower than that of commercial housing in the same area.

Legal basis: Article 63 of the Law of the People's Republic of China on the Administration of Urban Real Estate.

Where the people of provinces, autonomous regions, and municipalities directly under the Central Government determine that the local people** at or above the county level are uniformly responsible for real estate management and land management by one department, they may make and issue a unified real estate right certificate, and in accordance with the provisions of Article 61 of this Law, the ownership of the house and the confirmation and change of the land use right within the scope occupied by the house shall be respectively included in the real estate right certificate.

In recent years, the development of the property market has become more and more stable, especially in large cities, where there is a shortage of real estate, so more and more people are concerned about small property rights, but small property rights are different from ordinary commercial houses, and users must strictly follow the regulations and cannot trade at will. So, what is a small property? What are the risks of buying a small property?

Let's take a brief look at it together.

1. What is a small property right house?

Small property rights house refers to the house built on rural collective land, and its property ownership certificate is generally issued by the township government, and the farmer only has the right to use, and can only be circulated in the village, and shall not be unauthorized to non-members of the collective, otherwise the act is not protected by law.

2. What are the risks of buying a small property?

1. Legal effect: When trading small property rights, the consent of the relevant departments must be obtained, otherwise even if the purchase contract is signed, it will be deemed invalid, so if you want to buy a small property right house, you must first consult the relevant departments to ensure the legal benefits of the transaction.

2. Real estate transfer: According to Qeeka Home experts, small property rights are different from ordinary commercial houses, because they are not registered with the housing management department, so they cannot go through the transfer and other related procedures when trading, so when purchasing, we must pay attention to this.

3. Policy risk: After the buyer signs the purchase contract with the developer and pays the corresponding house payment, the real estate may be suspended or even demolished due to policy factors, so that the buyer may not be able to get the property and get the purchase price back.

4. Lack of supervision: In the process of development and construction of small property rights, there are no clear policies and regulations, and there is a lack of capital supervision, which is a greater risk for buyers, and some developers do not even have qualifications, and the quality of housing is difficult to guarantee.

Summary: The above about what is a small property and what are the risks of buying a small property right house are introduced here, I hope it will help you. If you want to know more about related information, please pay attention to Qeeka Home.

Do you know what a small property is?

Do you know what a small property is?

What does it mean to have a small property?

The first type of small property right housing: illegal construction that occupies collective land or cultivated land, and transfers the right to use farmers' collective land for commercial residential development.

The second type of small property right house: on the first type of allocated or transferred land, not developed or used according to the planning function, and the house that will be restricted from sale is directly sold on the market, with the hidden danger of property rights disputes.

The third type of small property right housing: the development of commercial housing on the land where the military has the right to use, and then sold to local residents other than the military, commonly known as "military housing".

The dispute between large and small property rights is not about the ownership of the house, but about the right to use the land. Compared with foreign countries, Chinese real estate only owns real estate, and does not own the right to use land for life. The value difference is the value of the location where the land is located.

There are three main interpretations of small property rights, which refer to the third type below. Small property rights.

The first interpretation is for the property rights of the developer, the property rights of the developers are called large property rights, and the property rights of the buyers are called small property rights, which is called because the property rights of the buyers are divided by the property rights of the developer.

The second interpretation is to distinguish according to whether the land transfer fee needs to be paid when the house is retransferred, and those who do not need to pay the land transfer fee are called large property rights, and those who need to pay the land transfer fee are called small property rights. According to this interpretation, ordinary commercial housing is "large property rights" housing, and affordable housing is "small property rights" housing.

The third interpretation is distinguished according to the issuing authority of the property right certificate, the state issues the property right certificate is called large property rights, the state does not issue property rights certificates, and the certificates issued by the township ** are called small property rights, also known as township property rights, and township property rights do not constitute property rights in the real legal sense.

The first and second interpretations of small property rights are legal, and can be freely bought and sold as long as the purchase price is paid, or the land transfer fee is paid at the time of transfer, and the legal provisions are relatively clear. However, the legal attributes of small property rights in the third interpretation are quite controversial, and there is no real legal property right certificate.

In reality, it is often the houses built on collective land in the name of some village collective organizations or developers in the name of new rural construction, or "commercial housing" built by farmers themselves. Therefore, it does not really constitute property rights in the strict legal sense.

Do you know what a small property is?

A house without a title deed.

The easiest, do you have a title deed.