Can I buy a small property right house built by the village collective?

Generally speaking, "small property right house" is a house built on collective land, and according to the current policy, ** is generally not supported, and the property right certificate that can issue this kind of house can only be issued at the township level and village level, so it is "township property right house", also called "small 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.

The so-called property right certificate is not a real legal and valid property right certificate. From the point of view, the township property is cheaper than the ordinary commercial housing, only 40% 60% of the commercial housing in the same location; From the perspective of housing form, it is the same as an ordinary residence; From the perspective of construction procedures, it belongs to the reconstruction of old villages or the construction of new villages, and there is no approval and management of the urban planning and construction committee management departments, and there is no supervision and inspection of the construction process. According to China's current laws, this kind of land can only be used for agricultural production or as a farmer's homestead, and the land use right may not be assigned, transferred or leased for non-agricultural construction.

According to the land law and relevant regulations, small property rights are illegal buildings, if the property tax is levied is equivalent to a disguised recognition of the legitimacy of small property rights, so for a long time, the property tax will not be levied on small property rights, at least until the state plans the way out of small property rights. To put it in layman's terms: I don't even have property rights, so why should the state tax me?

Of course, if the local ** takes a fancy to your piece of feng shui treasure, it is still possible to demolish it.

Legal Analysis: No. Rural homestead land is collectively owned, and people in the same village can apply for exchange and distribution, but cannot buy or sell.

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 a farmer's collective is already owned by 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 villagers' 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.

Village collective property rights houses cannot be bought. Rural homesteads are collectively owned, and villagers only have the right to use the homesteads, and peasants' sale of houses to urban residents is not recognized and protected by law. Therefore, the collective property right house cannot be transferred or replaced to a third party who is not a member of the collective, and can only be transferred or replaced within the collective member.

The land in the urban area of the city is owned by the state. Land in rural areas and on the outskirts of cities shall be owned by peasant collectives, except as provided by law for the State; Homesteads, self-cultivated land, and self-cultivated mountains belong to peasant collectives. The ownership of land cannot be transferred, and the right to use land can be transferred in accordance with the provisions of the law.

The right to use land owned by peasant collectives shall not be assigned, transferred or leased for non-agricultural construction; However, enterprises that conform to the overall land use plan and have obtained construction land in accordance with the law, except for the transfer of land use rights due to bankruptcy, merger and other circumstances.

Legal basisArticle 11 of the Land Management Law of the People's Republic of China.

The land owned by the peasant collectives belongs to the village peasant collectives in accordance with the law, and is operated and managed by the village collective economic organizations or villagers' committees; Where a farmer's collective is already owned by 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 villagers' 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.

In fact, small property rights housing refers to houses built on rural collective land, without paying some fees such as land transfer fees, and the property right certificate is not granted by the State Housing Management Department, but by the village or township. This kind of self-built house does not have the land use certificate and pre-sale license issued by the State Housing Authority, that is, the State Housing Authority will not have a record in the purchase contract, so the property right certificate of this kind of house is essentially different from the one issued by the State Housing Authority, that is to say, it is not a real legal and valid property right certificate, and it is not protected by law. Even if you buy this type of home, you only have the right to live, and it is not easy to buy and sell.

The legal risks of small property ownership are as follows:

1. According to the provisions of Article 63 of the Land Management Law, small property rights cannot be legally transferred.

2. If it is a small property right house established illegally, there is a risk of being demolished according to law.

3. In the event of land acquisition or demolition by the state, it is difficult for the buyer to obtain compensation.

4. The water supply, power supply, gas supply and other supporting equipment of the small property right house cannot be effectively guaranteed.

1. How to compensate for the demolition of small property rights.

China's compensation for demolition and relocation depends on the property rights of the house, because there is no property right certificate granted by the State Housing Authority for small property rights, and there should be no compensation. However, when this kind of small property right house is demolished, the local government will negotiate accordingly to give some compensation and resettlement fees. Although the small property right house is not a commercial house, and it does not have the property right certificate of the commercial house, and the sale and purchase transaction is not protected by law, but when the demolition is carried out, it will be protected by the law accordingly, and the first will also be subsidized accordingly, but compared with ordinary commercial housing, the small property right house will not be imitated and receive the same treatment.

Small-property rights houses are a kind of housing built on rural collective land, and the specific compensation issue in the process of demolition and relocation should distinguish whether it involves illegal construction.

1. For legal buildings, there are three ways to compensate for house demolition.

1) If conditions permit, priority shall be given to the relocation and resettlement of homesteads, and the cost price of housing reconstruction shall be compensated;

2) Pure monetary compensation, that is, the cost price of housing reconstruction + the land price of homesteads;

3) Housing replacement, the same lot according to the minimum area of 1:1, the demolished person can claim to demolish one and return one, to ensure that their living standards do not decline.

2. If the small property right house is involved in illegal construction, once it is identified as illegal construction, it may be demolished, and it will not be able to get compensation for demolition and resettlement.