The difference between resettlement housing and small property rights, whether resettlement houses a

Resettlement houses are legal small property rights, there are no real estate procedures, and they can only be traded privately in the market, and they cannot be registered, transferred, or mortgaged by the real estate department.

There is no red book for 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.

There is no real estate certificate for small property rights, and they are not protected by law, and people who buy houses can only have the right to use the house, and without house ownership, small property rights cannot be bought and sold. Resettlement housing refers to the house that the demolition party compensates to the demolished households, and the resettlement house can have a real estate certificate, and it takes about five years to obtain the real estate certificate.

What are the pros and cons of buying resettlement housing?

Benefits of buying resettlement housing:

1. The resettlement house is an existing house, and the geographical location of the resettlement house in front of the early hall refers to the Maoyue, and the supporting facilities of the community are perfect. The resettlement houses are moderately sized and most of them are multi-storey buildings. The quality of resettlement housing is also relatively stable.

2. Resettlement housing is generally built based on geography and community support, and the ratio and economic growth cycle are also relatively consistent, with a rapid increase. Some resettlement houses have no property rights, and ** are generally slightly lower than the market price. Owners of resettlement homes often enjoy multiple units, and the demand and possibilities will also increase.

Disadvantages of buying resettlement housing:

1. Resettlement housing is generally divided into two categories: commercial housing built by major municipal projects or low- and medium-priced commercial housing purchased with allocation. Although this type of house property right belongs to an individual, it cannot be listed and traded in a timely manner after obtaining the property right. Compared with general commercial housing, there is not much difference.

It is the private property of the resettler, and there is no limit on the period of transfer, and it can be freely listed and traded.

2. At present, most of the sales of demolition and resettlement houses are transferred and sold after the demolition and resettlement agreement is signed, but the house is not delivered.

What are the risks of buying and selling resettlement housing?

1. If the transaction is carried out before the property right certificate is obtained in the resettlement house, the risk of the housing sales contract being invalidated may be faced.

2. The buyer's unreasonable refusal to transfer may lead to the risk of not being able to transfer.

3. If the house bought by the buyer is a resettlement house, then it is necessary to verify what kind of property right the resettlement house is before the transaction. According to the relevant laws and policies, only resettlement houses with real estate certificates can be bought and sold, and resettlement houses without property rights registration cannot be listed and traded, but in actual life, there are still such resettlement houses to be bought and sold, and such transactions will be restricted or directly regarded as invalid because they are not allowed by the policy.

4. Most of the sales of resettlement houses are transferred and sold when the demolition and resettlement agreement has been signed but the house has not yet been delivered, but the interval between the signing of the resettlement agreement and the delivery of the house is long and varied. Especially if the house is constantly being delivered, the difference between the delivery of the house and the previous one may be nearly 1,000 yuan, and the demolition households will think that their interests have been lost, so they refuse to hand over the house and ask for a price increase, which will eventually lead to the aggravation of the conflict between the two parties and cause litigation.

1. Different meanings:

Small-scale property rights generally refer to houses built for sale on land owned by peasant collectives in rural areas and suburbs of cities. Resettlement housing is an affordable housing project, which is arranged and built according to the National Affordable Housing Construction Plan of the Ministry of Agriculture.

2. Different property rights:

Small property rights houses cannot get the property right certificate issued by the national housing management department, and can only obtain the real estate certificate issued by the township ** or village committee. Resettlement houses can obtain the title deed of the house and can have ownership of the house. However, it will take a longer time to obtain the real estate certificate, which generally takes about five years.

3. The transaction restrictions are different

Small-property rights are not commercial houses, so the purchaser of small-property rights cannot be effectively protected by law, but constitutes a violation of the law. After the resettlement house has obtained the title deed, the house can be listed for trading.

The dangers of buying a small property.

1. Small property rights only have the use nature of ordinary commercial housing, and do not have the legal nature of ordinary commercial housing, so it is not commercial housing. The relevant provisions and systems of laws and regulations on commercial housing are invalid for township property rights.

2. Now many small property rights may face the danger of being demolished at any time. Therefore, those who buy small property rights can only ask the developer for the purchase price, and the buyer may face the embarrassing situation of not being able to obtain the house and not being able to claim the house payment in time. If after purchasing a small property right house, the state requisition and demolition are encountered, because the township property right house does not have the legal property right recognized by the state, and the buyer is not the legal property owner, it is likely that he will not be able to get the compensation for the demolition of the property right, and the demolition compensation received as the actual user is negligible compared with the property right compensation.

3. Since the transaction of small property rights is not protected by law, the buyer must pay the house payment in one lump sum and shall not take out a mortgage loan from the bank. Since there is no title deed, it is not possible to get a mortgage from the bank. In addition, the ancillary facilities of small property rights houses, such as water supply, electricity supply, gas supply, etc., cannot be effectively guaranteed because they are not included in the national plan.

But under the actual conditions, when you actually own a small property, it is impossible to drive you away, and you can only adopt some cold policies. At present, the small property right tour chain house is objective, and there are many phenomena, so if the buyer is purely used to live and does not plan to make peace, it can still be considered.

Legal analysis: The small estate Luzao clan right house refers to the house built on the rural collective land, without the relevant documents, without paying the land transfer fee and other fees, and its property right certificate is not issued by the national housing management department, but by the township ** or village **, also known as the 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 Management Bureau. The so-called property right certificate is not a real legal and valid property right certificate.

Legal basis: Land Management Law of the People's Republic of China

Article 11 The land owned by the peasant collectives belongs to the village peasant collectives in accordance with the law, and shall be operated and managed by the village collective economic organizations or villagers' committees; Where it is owned by a peasant collective that already belongs to 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 villager 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.

Article 12 The registration of the ownership and use rights of land shall be carried out in accordance with the laws and administrative regulations on the registration of immovable property. The ownership and use rights of land registered in accordance with the law are protected by law and may not be infringed upon by any unit or individual.