Can I buy a house with only the right to use, how to buy and sell, and what should I pay attention t

Common houses with only the right of use include the right-of-use houses with unit property rights and the right-of-use houses with the property rights of the housing management office. Most of the former are in accordance with the past policy, the original property rights units in the form of welfare housing allocated to employees for residential use. Therefore, for the right-of-use house with unit property rights, the buyer should ask the opinions of the original property rights unit.

For the owner of the right-of-use house, the right-of-use house is owned by the unit or the housing management office, and the right-of-use house owner is in a long-term lease relationship.

There are two ways to trade for the right to use the property:

1) Turning right-of-use housing into property right housing If consumers want to buy right-of-use housing, they can turn the purchased right-of-use housing into property right housing. The property rights unit generally publishes two notices at the beginning of the year and the middle of the year. You can take a letter of introduction to the housing management office or the housing management department of the property right unit to participate in the housing reform.

At present, the right-of-use house has not yet been fully opened due to policy restrictions, and there are very few houses that can be listed for sale and transaction, unless it is to obtain the consent of the property right unit, and turn the right of use into property rights by paying a certain fee.

2) In addition to exchanging the right of use for property rights for transactions, housing replacement can also be used for transfer. There are two points to note when transferring ownership through a replacement. One is that both parties should hold a Beijing hukou, and the other point is that they cannot make a loan mortgage.

The property rights of the right-of-use house cannot be obtained through the replacement of the house, but the right to income from the rental and the right to dispose of it to a certain extent can be enjoyed. Generally, only people with local household registration can buy a house with the right to use.

When carrying out the transaction of the right to use the house, the following points should be noted:

1) When purchasing the right to use the house, it is necessary to ask about the ownership of the property, and the original tenant of the public housing shall be required to go to the trading hall of the real estate bureau in person to go through the relevant transfer procedures, and the name of the head of the household shall not be entrusted. In addition, since there is no anti-counterfeiting mark on the "house book" of the right-of-use house, even the seal of the formal lease contract is particularly simple, so the buyer should confirm with the original unit to prevent the "house book" from being faked.

2) After the house replacement contract is signed, the current owner will have the rights of the original owner to the right-of-use house, which means that if the right-of-use house is demolished after the property is replaced, the new owner will become the beneficiary of the compensation. Therefore, before the property is replaced, the new and old homeowners, especially the old homeowners, should consider whether they have given up their right to receive demolition compensation in the future, so as to avoid regret in the future.

3) The right of use of the house is calculated according to the usable area, and the customer must calculate it according to the area of the house. Generally, the area on the property right certificate is the construction area, but the house with the right of use is generally calculated according to the usable area, and the actual measurement can be carried out at the time of the specific transaction.

That's all for buying a house with only the right to use. Whether you buy or replace a right-of-use house, you must verify whether the previous expenses, such as rent (property fee), heating fee, etc., have been paid clearly, so as to avoid disputes in the future. When purchasing a right-of-use house, more attention should be paid to preventing capital risks.

A house with the right of use is a small property and cannot be bought.

Small property rights housing refers to the construction of houses on rural collective land, 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.

The emergence of small property rights is inseparable from the soaring price of urban housing prices, and it has become a hot spot of social concern since 2007, when housing prices entered a rapid year. In accordance with the relevant requirements of the state, "small property rights houses" shall not be confirmed and issued certificates, and are not protected by law.

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.

1. Only the right to use the house can be bought and sold. Legally, public tenure houses are not allowed to be bought or sold. However, in practice, there is indeed a large number of phenomena of buying and selling the right of use, and the judicial situation does not blindly declare the transaction of the right of use invalid. However, the right-of-use house only has the right to use.

2. Legal basis: Article 209 of the Civil Code of the People's Republic of China.

The creation, alteration, transfer and extinction of immovable property rights shall take effect upon registration in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law. The ownership of natural resources that belong to the State in accordance with the law may not be registered.

2. What is the transfer process of a house with only the right to use?

1. If the transfer of the real estate certificate does not go through the real estate agency, the terms of the contract and the terms of breach of contract must be clearly written, and the party named on the seller's real estate certificate must be present when signing the contract;

2. The materials required by the seller are: the original ID card and a copy of the ID card. If you are married, you need the original marriage certificate and a copy of it, and the original real estate certificate. If one of the husband and wife is unable to be present, they must first write a power of attorney and then go to the Justice Bureau to notarize, a household registration book and a copy;

3. The materials required by the buyer are, the original ID card and a copy of the ID card, the household registration book and a copy, if you are single, you need to go to the Civil Affairs Bureau to open a single certificate.

Legal analysis: Fang Minyou's house only has the right to use, not to buy. Because if the other party only has the right to use the house, but does not have the right to sell the house, if the house is purchased, there is a great legal risk for arguing about the purchase of the house.

Legal basis: Article 209 of the Civil Code of the People's Republic of China The creation, alteration, transfer and extinction of real estate rights shall take effect upon registration in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law.

The ownership of natural resources that belong to the State in accordance with the law may not be registered.

Houses with only the right to use generally cannot be bought and sold. The ownership certificate is a written certificate to prove the property rights of the house, and the sale and purchase of a house with only the right to use is not entitled to dispose of it, and there is no obstacle to the delay of the property right, and the transfer cannot be registered in accordance with the law.

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.