Explain in layman s terms what is a small property right? What are the self built houses in the coun

Small property rights housing refers to the construction of houses on rural collective land, without paying land transfer fees and other fees, and its property rights certificate is not issued by the state housing management department, but by the township ** or village **, also known as "township property right house". Self-built houses in rural areas do not belong to small property rights, and land is collectively owned, but may not be transferred.

"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 Administration. The so-called property right certificate is not a real legal and valid property right certificate.

The emergence of small property rights is inseparable from the soaring price of urban housing prices, and it has become a hot spot of social concern since 2007, when housing prices entered a rapid year. In accordance with the relevant requirements of the state, "small property rights houses" shall not be confirmed and issued certificates, and are not protected by law.

Measures for the Administration of Rural Homesteads" stipulates that outsiders are not allowed to buy and sell rural homesteads, and these measures shall come into force on January 1, 2008.

Article 10 of the Constitution and Article 2 of the Land Administration Law stipulate that no organization or individual may occupy, buy or sell or otherwise illegally transfer land, and the right to use land may be transferred in accordance with the provisions of the law. It can be seen from this that it is forbidden to buy and sell homestead land in China, and of course, villagers cannot sell homestead land for profit.

The peasants only have the right to use the homestead land, and the land belongs to the peasant collective. Homesteads are transferred between members within the rural organization and not to non-members of the rural organization. The internal members of the rural organization have a rural household registration and meet the requirements for applying for a homestead land, and the homestead land belongs to the rural collective's construction land, and the collective enjoys ownership and distributes it to the peasants for use, and the transfer between peasants does not violate the law.

The ownership of the homestead belongs to the collective, and the right to use is enjoyed by the individual farmer, and if the farmer buys and sells the house built on the homestead, the right to use the homestead is also transferred, and at this time, the transfer of the homestead is valid, but the farmer cannot apply for the homestead after transferring or selling the house on the homestead and the right to use the homestead.

Hello: 1. Small property rights are not a legal concept, simply put, "the state issues property rights certificates called "large property rights houses", and the state does not issue property rights certificates called "small property rights houses".

2. Self-built houses in rural areas refer to houses built by rural collective members on their own homestead land, which only belong to the collective owners of the rural villages, and cannot be purchased by farmers in other villages. From a broad perspective, self-built houses in rural areas are also a type of "small property right houses".

Hope mine can help you!

Zhejiang Siwei Law Firm.

No, self-built houses are houses built by farmers themselves on their own homesteads.

Small property rights, so-called"Small property rights"It refers to the house built on the collective land of farmers, and the land transfer fee and other fees have not been paid, and the property right certificate is not issued by the state housing management department, but by the township ** or village committee, so it is called"Township property rights", also called"Small property rights"。

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.

Legal Analysis: Old Files.

The self-built houses that are sold can be divided into small property rights.

Legal basis: Civil Code of the People's Republic of China

Article 363 The acquisition, exercise and transfer of the right to use homestead land shall be governed by the law on land management and the provisions of the State on the management of homestead land.

Legal analysis: The self-built houses transferred can be divided into small property rights.

Legal basis: Civil Code of the People's Republic of China.

Article 362 The owner of the right to use the homestead land shall have the right to occupy and use the land owned by the collective in accordance with the law, and shall have the right to use the land to build dwellings and ancillary facilities in accordance with the law.

Article 363: The acquisition, exercise and transfer of the right to use homestead land shall be governed by the law on land management and the relevant provisions of the State.

Do the math how much it will cost you to renovate your home

The transfer of land use rights, presumably everyone is still familiar with this aspect, and this issue will be involved in the process of buying a house, and buyers need to pay this part of the fee to obtain the relevant land use rights. Most of the land normally transferred is mainly for the construction of commercial housing, but for the transfer of self-built houses, there are many people who are puzzled, so is the transfer of self-built houses a small property right? Let's take a look with Qeeka Home experts.

1. Is the transfer of self-built houses a small property right?

It can be divided into small property rights, because the self-built houses that are transferred do not actually have the land transfer fee, nor can they apply for the relevant real estate certificates, and they also do not have land use certificates, sales licenses, etc. Houses sold with small property rights generally refer to houses built on collective land used for agricultural production and peasants' residential homesteads, etc., and are not allowed to be assigned, transferred, leased, etc.

2. How to apply for land certificates for self-built houses in rural areas.

The homestead where the self-built house is located needs to be applied, and after approval, you can get a land certificate, and the land certificate can prove that the villagers have the right to use the plot, and can legally construct it, and the construction should be carried out according to the geographical location, land nature, and land area marked on the land certificate in the process of facilities.

If the original land certificate indicates that the land is transferred income, then you can obtain it by paying a handling fee directly. If the land is allocated, you need to pay 3% of the land transfer fee when applying for the land certificate.

In the case of land registration of newly built houses, it is necessary to apply for approval at the village collective, and submit relevant materials to the land and planning department to apply for relevant building approval documents after approval, and finally can be registered.

Summary: The above is about the transfer of self-built houses is a small property right, and how to handle the land certificate destruction of rural self-built houses, I hope the content shared can give you some reference, if you want to know more about relevant knowledge, you can **** Qijia information.

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