How to know if it is a small property How to distinguish it

Recently, some homeowners have encountered a blockage, and their 70-year property rights have become small property rights houses "overnight", and they cannot even buy and sell transactions. So, how to identify a small property when buying a house, and what problems need to be paid attention to?

What is a small property?

There are three main interpretations of small property rights: one is for the developer's property rights, the developer's property rights are called large property rights, and the buyer's property rights are called small property rights, because the buyer's property rights are divided from the developer's property rights. The second is to distinguish according to whether the land transfer fee needs to be paid when the house is retransferred, and those who do not need to pay the land transfer fee are called large property rights, and those who need to pay the land transfer fee are called small property rights.

According to this interpretation, ordinary commercial housing is a large property right house, and affordable housing is a small property right house.

The third is the small property right house encountered by the owner in the previous article, which is also a small property right house in the usual sense, the property right of this kind of house is not issued by the state, and the property right certificate is issued by the village level, also called "township property right house". The reason for the emergence of this kind of small property right house is that China implements the state-owned land system and the collective land system, and the rural homestead belongs to the collective, and the small property right house cannot be transferred or replaced by people who are not members of the collective, and can only be transferred and replaced within the collective members. The sale of houses by peasants to city dwellers is not protected by law.

What are the reasons for the emergence of small property rights?

The excessively high housing prices in large and medium-sized cities are an important reason for the production of small property rights. Due to the large inflow of population in large cities and the limited land, housing prices in many large cities have been soaring, and there are a large number of realistic buyers of small property rights. On the other hand, small property rights are houses built by rural collectives on collective construction land and homesteads, and there is no need to pay land transfer fees, so they are relatively cheap.

However, under the current legal framework, small ownership is not legal. "Small property rights houses" shall not be confirmed and issued certificates, and shall not be protected by law. In response to this phenomenon, the land and resources department has repeatedly reiterated that small property rights houses occupy collective land for construction, which is illegal land use, and must not be registered and issued certificates, and must not be issued to urban residents.

What are the risks associated with buying a small property?

First, there is no property right guarantee for small property rights, and it does not have the rights of housing, transfer, disposal, income, etc., and cannot go through the procedures for the transfer of property rights.

Second, the purchase of a small property right house like the township property rights cannot be loaned, and can only be paid in a lump sum or installments, which will virtually increase the financial pressure of the buyer and increase the risk of buying a house.

Third, there is no national property right certificate for small property rights, only the property right certificate of the township ** or village committee, and it cannot be mortgaged and circulated like a house with large property rights. In the event of land acquisition or demolition by the state, it will be difficult to ensure the interests of home buyers. The purchase contract signed by both parties is not a formal purchase contract recognized by law, and there is a lack of legal support if there is a dispute over the property.

The above was released on 2017-04-06, the current relevant housing purchase policy is subject to the actual situation).

Legal analysis: 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.

Legal basis: "Measures for the Administration of Commodity Housing Sales" Article 34 Real estate development enterprises shall, before the delivery of commercial housing, entrust units with real estate surveying and mapping qualifications to carry out surveying and mapping according to the project, and the surveying and mapping results shall be submitted to the real estate administrative department for examination and approval for housing ownership registration. The real estate development enterprise shall, within 60 days from the date of delivery of the commercial housing, submit the information required by it to handle the registration of housing ownership to the real estate administrative department where the housing is located.

Real estate development enterprises shall assist the buyers of commercial housing in handling the formalities for the change of land use rights and the registration of house ownership.

How to identify whether it is a small property?

First: look at the land certificate. It is not state-owned land, non-residential land, but rural homesteads, collective land, etc.

According to the Land Management Law of the People's Republic of China, the right to use land owned by peasant collectives may not be assigned, transferred or leased for non-agricultural construction. However, rural homesteads are collectively owned, and villagers only have the right to use the homesteads, and the sale and purchase of houses by peasants to urban residents cannot be recognized and protected by the law, and they cannot go through the formalities of land use certificates, real estate certificates, and deed tax certificates.

Second: look at the issuing unit. The property right certificate is not issued by the national housing management department, but by the township ** or village **, so it is called a small property right house, also called a township 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.

Third: see if the developer's documents are complete. If the developer's sales center does not have formal approval and construction procedures, and does not have a "commercial housing pre-sale license" or "commercial housing sales license", it cannot be sold in the market.

Fourth: see if you can use the mortgage and provident fund. It is not possible to get a loan for a small property.

Some people think that as long as a small property can be converted into a property property, you can apply for a loan, but it is not so easy to convert a small property into a property property. There is no real property right, and there is no land use certificate and pre-sale permit issued by the state, and the land and housing management bureau will not record the purchase contract. Formal commercial housing is complete with "five certificates", namely "State-owned Land Use Certificate", "Construction Land Planning Permit", "Construction Engineering Planning Permit", "Construction Engineering Construction Permit", and "Commercial Housing Pre-sale License", all of which are indispensable.

The easiest way is to see if there is a "Commercial Housing Pre-sale License", you must check before buying a house, generally there are basically four other certificates with this certificate.

The general public is reminded not to be greedy for cheap purchase of small property rights, so as not to bring unnecessary risks to themselves.

Legal analysis: small property rights cannot be bought and sold, and small property rights can only be bought and sold collectively internally, and cannot be sold externally. The so-called "small property rights" refers to the houses built on the land of the peasants, and the land transfer fees and other fees have not been paid, and the property rights certificate is not issued by the state housing management department, but by the township or village, so it is called "township property rights", also known as "small property rights".

Legal basis: "Law of the People's Republic of China on the Administration of Urban Real Estate" Article 38 The following real estate shall not be transferred: (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 decisions to seal up or otherwise restrict real estate rights in accordance with law; (3) Receiving the right to use the land in accordance with the 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 and administrative regulations prohibit transfer.

Do you know what a small property is?