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No, the large property right certificate cannot be divided into an individual property right certificate.
Buying and selling small property rights.
1. The so-called "small property rights" refer to the houses built on the collective land of farmers, 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".
2. 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.
3. The state expressly prohibits the sale and purchase of houses with small property rights, but it is transferable to residents of their own villages who own collective land with small property rights, and cannot be bought or sold by residents of other villages.
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Article 10 of the Housing Registration Measures shall be registered in accordance with the basic unit. The basic unit of a house refers to a house or a specific space with fixed boundaries, which can be used independently and has a clear and unique number (building number, room number, etc.).
Within the scope of state-owned land, complete houses shall be registered as the basic unit, and non-complete houses shall be registered as the basic unit of the part with fixed boundaries such as the room.
Villagers' houses within the scope of collective land shall be registered with independent buildings on the homestead as the basic unit, and villagers' houses built on the common homestead shall be registered with the part with fixed boundaries such as suites and rooms as the basic unit.
Non-housing is registered as the basic unit of the part of the house with fixed boundaries, such as buildings, floors, suites, and rooms.
Article 32 In the event of any of the following circumstances, the parties concerned shall apply for registration of the transfer of ownership of the house after the relevant legal documents take effect or the facts occur:
a) Buying and selling; b) interchangeable;
3) gifts; 4) Inheritance and bequest;
5) The house is divided or merged, and the ownership is transferred;
6) Housing investors' shares;
7) The division or merger of legal persons or other organizations leads to the transfer of housing ownership;
8) Other circumstances provided for by laws and regulations.
As long as the above provisions are met, the relevant procedures can be completed.
1) The name or title of the owner of the house is changed;
2) The street, house number, or house name where the house is located has been changed;
3) An increase or decrease in the area of the house;
4) Dividing or merging houses by the same owner;
5) Other circumstances provided for by laws and regulations.
As long as the above provisions are met, it can be divided into individual property rights certificates.
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Under normal circumstances, after the completion of the real estate project developed by the developer, it should apply for real estate ownership registration to the real estate ownership management department, and the registration department shall notify the real estate surveying and mapping department to conduct on-site survey, and after the survey data is determined, the ownership management department needs to notify the land management department to finally verify the land price, and also review whether the project uses the land according to the approved use of the plan, whether the house is built according to the planned area, the final payment of the land price, and the closure of the demolition and resettlement case. Only after all the above contents are reviewed and correct, the property rights can be confirmed and the house ownership certificate will be issued, which is commonly known as the developer's "big property rights".
The developer can only apply for the buyer's house ownership certificate, that is, the small property right certificate, after obtaining the large property right certificate. Generally, when the buyer applies for the "small property right", the developer should fulfill the obligation to assist, inform the buyer of what application materials should be prepared, and the buyer can also check the materials required to apply for the ownership of the house on the local official **. According to Article 27 of the Administrative Measures for the Registration of Urban Housing Ownership:
The registration authority shall examine the application of the right holder (applicant). Where the ownership is clear and the property rights information is complete, the initial registration, transfer registration, change registration, and other rights registration shall be approved and registered within 30 days after the registration is accepted, and the housing ownership certificate shall be issued; The cancellation of registration shall be approved within 15 days after the registration is accepted, and the certificate of ownership of the house shall be cancelled. Therefore, if the application materials are complete, the buyer can generally apply for the ownership certificate of the house within 30 days, that is, the "small property right" mentioned above.
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