Is it illegal to buy a small property? Is it risky to buy?

Risks of buying a small property:1There is no way to apply for a real estate certificate; 2.

It is difficult to avoid the risk of "selling more than one house"; 3.It is difficult to ensure the quality without supervision; 4.Inability to take out a bank loan when buying a house; 5.

It is difficult to cash out and transfer; 6.It is difficult to divide small property rights; 7.may be expropriated or expropriated without compensation; 8.

Facing the "default risk" of the owner at any time.

What are the risks of buying a small property? There are mainly 5 aspects of risk, which have been analyzed and explained in depth and comprehensively!

Small property rights can be purchased but there are certain risks, it is recommended to buy cautiously, the risks after the purchase of small property rights are as follows: 1. The law does not protect the sales contract of small property rights; 2. Mortgage loans are not allowed for small property rights; 3. When the small property right house is demolished, it cannot get due compensation. Legal basis: Article 20 of the Property Law stipulates that when a party signs an agreement for the sale and purchase of a house or other immovable property right, in order to ensure the realization of the real right in the future, it may apply to the registration authority for advance notice registration in accordance with the agreement.

If, after the advance notice is registered, the immovable property is disposed of without the consent of the right holder of the advance notice registration, the real right shall not take effect. After the advance notice is registered, if the creditor's rights are extinguished or the application for registration is not made within three months from the date on which the immovable property can be registered, the advance notice registration shall become invalid.

There are risks in buying a small property right house, and the purchase of a small property right house is not guaranteed by property rights, and it does not have the rights of real estate, transfer, disposal, income, etc., and it cannot go through the property rights transfer procedures. At the same time, in the process of buying a small property right house, it is not allowed to mortgage or loan, and it is not allowed to buy and sell or enter the secondary market, and when it is transferred, it is necessary to pay the land transfer fee, and there will be a lack of legal support and no legal protection in case of disputes.

Can a small property right house be regularized?

In fact, there is no real estate certificate issued by the state, but everyone is very concerned about whether the small property right house they buy can be turned into a regular one. "Small property rights" are actually "township property rights" and "collective property rights", which do not really constitute property rights in the strict legal sense. In the Notice on Issues Concerning the Connection between Housing Transactions and Real Estate Registration, it is stipulated to prevent the legalization of small property rights through real estate registration.

That is to say, small property rights cannot be turned into regular, small property rights are impossible to be converted into large property rights, and it is useless to spend money and go to the relationship. Unless the state liberalizes the transaction of small property rights, or the state transforms or uniformly renews the land for small property rights houses, it can be converted into large property rights.

What are the consequences of the regularization of small property rights?

1. It is difficult to adhere to the red line of national cultivated land.

According to China's current national conditions, it is still very necessary to adhere to the red line of 1.8 billion mu of cultivated land. If the small property rights are regularized, then it is bound to gradually erode the cultivated land, thus breaking the red line of the country's cultivated land, and eventually there will be a shortage of food.

2. The gap between the rich and the poor has widened.

Although there is no real estate certificate issued by the state, many buyers will buy small property rights mainly because small property rights are very cheap, and rich people will not rob them of houses. However, if the small property right house is turned positive, then the situation will be very different, and I am afraid that many rich people will buy a few sets of small property rights, and eventually ordinary buyers will not be able to afford the house, so that the gap between the rich and the poor will be even more slow.

3. There are potential safety hazards.

There is no guarantee for the quality of small property rights, because there is no unified construction standard for small property rights, and there is no supervision by relevant departments, so small property rights often have great safety hazards. If you buy a small property, it is undoubtedly equivalent to holding a "time bomb". If small property rights are regularized, then more people will be in danger.

4. Harming national interests.

If the small property right house is regularized, it will also damage the interests of the state, because everyone knows that there is no need to pay land transfer fees for the purchase of small property right houses, and there is no real estate transaction tax and tax, so the small property rights house will damage the interests of the state to a certain extent.

It is not illegal to buy a small property right house, but the transaction of a small property right house is not formal, not supported by the official real estate transaction policy, and the transaction itself is not protected by the law, but it generally does not violate the law. Houses with small property rights refer to houses built by village collective organizations or developers on collective land, which are generally owned by the town and are not sold to the public.

What are the types of small property houses?

1. Small property rights in the usual sense.

That is, illegal construction that occupies collective land or cultivated land, and transfers the right to use farmers' collective land for commercial residential development. Generally speaking, this type of small property is the most common in real life.

2. Restricted sales of small property rights.

That is, on the land allocated or transferred, it is not developed or used according to the planning function, and the houses that are restricted from sale are directly sold on the market. At the same time, it is also an incomplete property right house with property rights disputes.

3. Military maternity room.

The so-called military housing actually means that commercial housing is developed on land where the military has the right to use, and then sold to local residents other than military personnel. Therefore, people are commonly known as "military maternity rooms".

4. Some second-hand houses.

In actual life, there are some second-hand houses that have not yet gone through the land acquisition procedures and the land transfer fee is not paid, so they directly enter the transaction of sale, and this type of second-hand house is also a small property right house. Generally, the sale and purchase contract of this type of property will be considered invalid.

Why is it not advisable to buy a small property.

1. Lack of "five certificates".

The "five certificates" are the prerequisites for consumers to obtain real estate certificates, that is, they have state-owned land use certificates, construction land planning permits, construction project planning permits, construction permits and commercial housing sales pre-sale permits. Real estate projects, including the transformation of urban villages, cannot apply for real estate certificates without the "five certificates". Although "small property rights" are selling well, many people in the industry believe that there are many risks in "small property rights", and the biggest problem is that there is no property rights and is not protected by law.

2. The quality is difficult to guarantee.

The quality of the houses is not monitored, and some developers will cut corners in order to make money, which is a safety hazard. In addition to the quality of the house and the after-sales warranty of the house, it is difficult to protect the Yushi Bridge certificate, and the property management after moving in is also very prone to problems.

3. It is difficult to compensate for demolition.

Small property rights are actually illegal buildings outside the scope of the first regulations, and if they conflict with the national plan, they are likely to be demolished, and the owners will not be compensated for demolition and resettlement.

4. The supporting facilities are not perfect.

Small property rights cannot guarantee the construction of relevant supporting facilities in the community, and even basic facilities such as heating and natural gas cannot be guaranteed.