Is the resettlement house a small property right, and is the resettlement house a large property rig

Generally speaking, "small property right house" is a house built on collective land, and according to the current policy, ** is generally not supported, and the property right certificate that can issue this kind of house can only be issued at the township level and village level, so it is "township property right house", also called "small property right house". 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. From the point of view, the township property is cheaper than the ordinary commercial housing, only 40% 60% of the commercial housing in the same location; From the perspective of housing form, it is the same as an ordinary residence; From the perspective of construction procedures, it belongs to the reconstruction of old villages or the construction of new villages, and there is no approval and management of the urban planning and construction committee management departments, and there is no supervision and inspection of the construction process. According to China's current laws, this kind of land can only be used for agricultural production or as a farmer's homestead, and the land use right may not be assigned, transferred or leased for non-agricultural construction.

No, it won't. All resettlement houses allocated by the state should be houses with large property rights.

Recently, a netizen's home was demolished, because of the high local housing prices, so he planned to take a few sets of resettlement houses, but relatives told him that it was a small property right house ......He also didn't know what kind of house he was about to get the resettlement house, so let's take a look at the difference between the resettlement house and the small property right house. Is resettlement housing equal to small property rights?

Legal analysis: (1) Resettlement housing is a house built by resettlements of demolished households when urban road construction and other public facilities construction projects are carried out. It is a house that can be listed for free trading; Small property rights are houses built on collective land, which are not allowed to be traded freely and can only be given to villagers in the same village.

2) Since the resettlement houses are resettled and compensated for the relocated households in accordance with the provisions of the national policy, all the resettlement houses developed and built by the developers who have obtained the demolition permit through the formal demolition procedures will be able to obtain the property ownership certificate of the house in the future, but it will take a longer time to obtain the real estate certificate.

3) small property rights due to violation of national laws and regulations and can not obtain the real estate certificate, many areas of small property rights have issued by the township ** property right certificate, this kind of house is also commonly known as township property rights housing, according to the existing laws and regulations, the right to issue the housing ownership certificate should be the county level or above housing and land authorities.

Legal basis: "Regulations of the People's Republic of China on the Expropriation and Compensation of Houses on State-owned Land" Article 18 If the expropriated person meets the conditions for housing security in the expropriation of individual residences, the people at the city and county levels who make the decision to expropriate the housing shall give priority to housing security. Specific measures shall be formulated by provinces, autonomous regions, municipalities directly under the Central Government, and so on.

Legal Analysis: Demolition and resettlement houses are not small property rights. The resettlement compensation for the relocated households is a resettlement house developed and constructed by a developer who has obtained a demolition permit through a formal demolition procedure, and the resettled person can obtain the property right certificate of the house and have the ownership of the house in the future.

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.

Resettlement housing is a large property right. Resettlement housing is a resettlement compensation for the relocated households in accordance with national policies, so all resettlement houses developed and built by developers who have obtained demolition permits through formal demolition procedures will be able to obtain the property ownership certificate of the house and have the ownership of the house in the future, but it will take a longer time to obtain the property ownership certificate. Legal basis:

Regulations on the Expropriation and Compensation of Houses on State-owned Land》 Article 22 If the relocation is caused by the expropriation of the house, the housing expropriation department shall pay the relocation fee to the expropriated person; If the property rights of the house are exchanged, the housing expropriation department shall pay the temporary resettlement fee or provide the swing house to the expropriated person before the property right exchange house is delivered.

Summary. The biggest difference between demolition and resettlement houses and small property rights houses is whether they can obtain house ownership.

Demolition and resettlement housing: Since the resettlement and resettlement housing is a resettlement compensation for the relocated households in accordance with the provisions of the national policy, all resettlement houses developed and built by developers who have obtained a demolition permit through the formal demolition procedure can obtain the property right certificate of the house and have the ownership of the house in the future, but it will take a longer time to obtain the real estate certificate.

Are all resettlement houses small property rights?

The so-called demolition and resettlement housing refers to the housing that is demolished and relocated to the demolished person or tenant for residential use due to urban planning, land development and other reasons, and is also subject to the relevant local policies, so it is very different from the general commercial housing transaction.

Property right housing refers to the house built on rural collective land, without paying land transfer fees and other fees, and its property right 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" is not a legal concept.

The biggest difference between demolition and resettlement houses and small property rights houses is: whether the ownership of the house can be obtainedDemolition and resettlement housing: because the demolition and resettlement housing is a resettlement compensation for the demolished households in accordance with the provisions of national policies, all the resettlement houses developed and built by the developers who have obtained the demolition permit through the formal demolition procedures can obtain the property right certificate of the house and have the ownership of the house in the future, but it will take a longer time to obtain the property ownership certificate.

Small property right house: small property right house because it violates the laws and regulations of the country and cannot obtain the real estate certificate, in practice, many areas of small property right house has a "property right certificate" issued by the township

If the demolition and resettlement house cannot apply for a real estate certificate and obtain legal property rights, it is a small property right house, and the person being demolished should pay attention to the nature of the demolition and resettlement house.

According to the relevant laws and regulations, the creation, alteration, transfer and extinction of immovable property rights shall become effective upon registration in accordance with the 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.

When applying for registration, the parties shall provide necessary materials such as proof of ownership and the boundary address and area of the immovable property according to different registration items.

Legal basis:Article 209 of the Civil Code of the People's Republic of China The establishment, 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.

There are many small property rights houses in resettlement houses. Small property rights housing refers to the construction of houses on rural collective land, without handling relevant documents, not paying land transfer fees and other fees, and its property rights certificate is not issued by the national housing management department, but by the township ** or village, also known as "township property rights house". "Small property right house" is not a legal concept, but a conventional title formed by people in social practice.

According to the Land Management Law of the People's Republic of China, rural homesteads are collectively owned, and villagers only have the right to use the homesteads. Therefore, the small property right house cannot be transferred or replaced by a third party who is not a member of the collective, and can only be transferred and replaced within the members of the village collective.

Article 11 of the Land Management Law of the People's Republic of China.

The land owned by the peasant collectives belongs to the village peasant collectives in accordance with the law, and is operated and managed by the village collective economic organizations or villagers' committees; Where a farmer's collective is already owned by two or more rural collective economic organizations in the village, it shall be operated and managed by each of the rural collective economic organizations or villagers' groups in the village; Those that are already owned by township (town) peasant collectives shall be operated and managed by township (town) rural collective economic organizations.

Resettlement houses are not all small property rights houses, if there is no way to obtain all the property rights of the house, it is not filial piety to small property rights. The so-called resettlement housing refers to the house that the developer pays to the relocated households when expropriating the land, and the resettlement housing will be lower than the ordinary commercial housing, but it is the same as the commercial housing, with all the property rights certificates of the houses, and only the houses with the property ownership certificates can be listed and traded, but most of the resettlement houses, because there is no individual land certificate for sub-households, belong to the collective land carefully searched, and if you want to be ** again, you need to make up the land tax before you can be listed and traded.

How to judge whether the house is a large property right house, you can judge from the following points:

1. Large property rights are regular commercial houses, which need to be complete with five certificates, and the key point is to have a housing pre-sale license.

2. Large property rights can be mortgaged in a regular bank.

1. Not necessarily, if you get the real estate certificate in the later stage, it is a large property right house and is protected by law. But how can you not get it later, it is a small property right house. To put it bluntly, small property rights are collective land, and many of them are rural houses, which cannot be bought and sold privately.

2. The resettlement house is a house divided by demolition, and generally speaking, there is no real estate certificate, and there is a certain risk in buying this kind of house before buying it. Compared with resettlement housing, resettlement housing is relatively less risky.

3. It is actually possible to buy this kind of house, but it is necessary to pay attention to the blind selling base, generally speaking, the demolition households need to wait until 5 years before they can get the real estate certificate, so we need to pay special attention to the emptiness when buying and selling, and only after 5 years can the house be brought to the market for trading.

In the process of buying and selling a house, you need to understand the nature of the property rights of the house. If it is a small property right house, you must pay attention to it, you may not be able to get the property right certificate in the later stage, which will bring unnecessary trouble.