What is a small property and is it legal

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.

Small property rights housing refers to the construction of houses on rural collective land, without relevant documents, without paying land transfer fees and other fees, and its property rights certificate is not issued by the state housing management department, but by the township ** or village **, also known as "township property right house". Small property right house is not a legal concept, but a conventional title formed by people in social practice. This type of house does not have a land use certificate and pre-sale permit issued by the state, and the purchase contract will not be filed with the Land and Housing Administration.

The so-called property right certificate is not a real legal and valid property right certificate. Houses with small property rights shall not be confirmed and issued certificates, and shall not be protected by law.

Legal basis] According to the relevant provisions of the Land Management Law of the People's Republic of China, rural homesteads belong to collective ownership, and villagers only enjoy the right to use homesteads.

Do you know what a small property is?

What should I do if the first four buildings in a community are large property rights and the back five buildings are small property rights?

Legal Analysis Raid Tour:

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-property rights cannot obtain a state-recognized house ownership certificate, so there is no real property right in fact, so it is illegal, and the law does not protect small property rights.

Legal basis: Interim Regulations on the Registration of Immovable Property Article 4 The State implements a unified registration system for immovable property. The registration of immovable property follows the principles of strict management, stability and continuity, and convenience for the masses.

The immovable property rights already enjoyed by the owner of immovable property in accordance with the law shall not be affected by changes in the registration authority and registration procedures.

Small property ownership itself is not illegal. If the illegal construction is carried out without obtaining the approval of the relevant departments, and without obtaining the land use certificate, planning permit, or construction permit, and then selling the small property right house, this kind of sales behavior is illegal. 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 responsible for real estate management and land management by a unified department, they may make and issue a unified certificate of real estate rights, 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 included in the real estate right certificate respectively.

Legal Analysis: Small property ownership itself is not illegal. If Jing Hu Nianguo carries out illegal construction and then sells small property rights houses without obtaining the approval of the relevant departments, land use certificates, planning permits, and construction permits, this kind of sales is illegal.

Legal basis: Article 63 of the Law of the People's Republic of China on the Management of Urban Real Estate Article 63 If the people of the province, autonomous region and municipality directly under the Central Government determine that the local people at or above the county level are responsible for real estate management and land management by a unified 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 of the house occupation shall be included in the real estate right certificate.