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Large property rights refer to houses built on land that is transferred by the state through bidding or sale, such as commercial houses and purchased public houses that have been bought and sold at one time.
Small property rights are houses built on state-allocated land, such as township property, village property, public property, and purchased public housing that has not been traded.
It has nothing to do with the size of the developer, and it has nothing to do with the right to use.
To put it bluntly, a house with large property rights is a house that has paid a land transfer fee to the state.
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The property right certificate means that the right to the house belongs to you, and the small property right belongs to the right to use, that is, you only have the right to live in the house and do not have the full ownership of the house. Of course, it is best for you to buy a house or buy a commercial house.
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Large property rights are developed by regular real estate companies; Small property rights are some small developers, there is no formal company, the documents are not complete, the small-scale development of some commercial housing, two warrants can also be obtained, but buy these small property rights of the house to be careful, if there are conditions, or buy large property rights is better.
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Large property rights are all five certificates.
Small property rights are incomplete five certificates.
If you buy a small property right house, you can't get compensation if something goes wrong.
And you don't have a title deed, only the right to use it.
However, small property rights are cheaper.
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Legal analysis: large property rights are houses in which the buyer has the "House Ownership Certificate" and the "Land Use Right Certificate", and has the four complete rights of possession, use, income and disposal, and can legally carry out sales and transactions; Small property rights refer to houses built on rural collective land that have not paid land transfer fees and other fees, and do not have valid property rights certificates, and cannot be legally bought and sold.
Legal basis: "Interim Regulations of the People's Republic of China on the Assignment and Transfer of Urban State-owned Land Use Rights" Article 12 The maximum term of land use right transfer shall be determined according to the following purposes: (1) 70 years of residential land; (2) 50 years of industrial land; (3) 50 years of land for education, science and technology, culture, health, and sports; (4) Commercial, tourism and entertainment land for 40 years; (5) Fifty years for comprehensive or other land use.
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Legal analysis: small property rights housing refers to the construction of houses on rural collective land, without relevant documents, without 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". Large property right house is the relative word of "small property right house", that is, the buyer has both the "house ownership certificate" and the "land use right certificate".
It is possible to legally trade second-hand houses, and the houses you buy are built on legal building land. The differences between the two are as follows: 1. Large property rights have five certificates, which are protected by law and have complete property rights.
2. There is compensation for the demolition of large property rights, but if it is a small property right, there is no compensation for demolition. 3. The quality of small property rights is not supervised, and it is often easy to have potential safety hazards, and in addition to the difficulty of ensuring the quality of the house and the after-sales warranty of the house, the property management after moving in is also very prone to problems; 4. Small property rights cannot be used as collateral or listed monopoly because there is no formal property right certificate.
Legal basis: Article 63 of the Land Management Law stipulates that the use right of 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.
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When we buy a house, we will encounter small property rights and large property rights, many people are not clear, thinking that 40-50 years of property rights are small property rights, so the following will introduce the difference between small property rights and large property rights!
What is the difference between small and large property rights.
Small property rights. Small property rights house is a popular name of the people, and its property right certificate is not issued by the state, but by the township **; The so-called small property right houses are urban village reconstruction houses built on rural collective land after being approved by relevant state departments; The other is a house built on rented land or illegally occupied land without the approval of the relevant state departments.
Large property rights. Those who buy a large property right house have two certificates at the same time, namely the "House Ownership Certificate" and the "Land Use Right Certificate", and the purchased house can be legally traded in second-hand housing, and has four complete rights of use, income, possession and disposal.
Distinguish. 1. Real estate certificate.
The real estate certificate and land use certificate of large property rights are issued by the relevant state departments, and the state is recognized and accepted, while the real estate certificate of small property rights is issued by the township **, and there is no actual property rights.
Distinguish. 2. Right of Transfer.
If you want to transfer the small property right house or **, the purchase time must be five years before the transfer, and if you want to transfer, you need to pay the land transfer fee, and the large property right house can be freely ** and transfer, and there is no time limit, and there is no need to pay any fees.
Distinguish. 3. Ownership.
The land used by large property rights houses is allocated or transferred by the state, and the service life is 50-70 years, while the construction land of small property rights houses is collectively owned by townships and towns, which is not protected by law, and there is no specific service life.
Distinguish. Fourth, the degree of risk.
Since small property rights are not protected by law, they have certain risks, while large property rights houses are issued by the state and are protected by law, so they do not have any risks.
Do the math how much it will cost you to renovate your home
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As we all know, real estate is different from other commodities, real estate is real estate, the most important real estate certificate. Housing property rights are divided into large property rights and small property rights, so what are large property rights and small property rights? What is the difference between large and small property rights?
Large property rights refer to complete property rights, including real estate use certificates and state-owned land use rights. Houses with large property rights are exempt from paying land transfer fees and income gains when they are traded second-hand. Small-property rights houses are houses raised by some village collective organizations or developers, built on collective land or built by peasant organizations, and small-property rights houses are just a conventional term formed by people in social practice.
What is the difference between a large property and a small property?
1. Large property rights can be listed and traded, including 70-year property rights, 50-year property rights, and 40-year property rights. However, small property rights do not have a state-issued title certificate.
2. The real estate certificate of the small property right house is issued by the township and has no actual personal property rights, while the real estate certificate of the large property right house is issued by the state and is recognized and accepted by the state.
3. Small property rights can only be resold after five years of purchase, while large property rights can be freely transferred without time restrictions.
4. The land for the construction of small property rights houses is generally owned by the township collective, and can only be purchased and lived in by the villagers of this township, while the land for large property rights houses is allocated or transferred by the state, and anyone can buy it.
5. If you want to transfer a small property right house, you need to pay the land transfer fee, otherwise it will not be able to be listed and traded. Large property ownership can be used or transferred freely by the buyer without any additional fees.
6. Small property rights cannot be registered and recorded, so they cannot handle mortgages and other rights, and they cannot take out loans without other rights in air raids, which means that a one-time payment is required.
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With the continuous development of the real estate market, there are many different types of houses in our lives today, and there are certain differences in the property rights of these houses, such as small property rights and large property rights, but many people are not very clear about this aspect. So, let's take you together to understand what is a large property right and a small property right and what are the risks of buying a small property right house.
To put it simply, those who have a house title certificate are called large property rights, while those who do not have a house title certificate become small property rights. Houses with large property rights can not only be used for loans, but also have a relatively large room for appreciation in the later stage. However, because there is no house ownership certificate, small property rights not only do not have a way to apply for loans, but also cannot be bought and sold.
What are the risks of buying a small property?
1. It is difficult to compensate for demolition.
In addition to the lack of a title certificate, there is also a risk of demolition of small property rights. If the house has been planned into the scope of illegal construction, then it is very likely to be demolished, and once it is demolished, it is difficult to get the corresponding compensation.
2. The quality is difficult to guarantee.
There are big defects in the quality of small property rights, and there is no one to supervise the construction, so many developers will cut corners for their own interests, so that there are potential safety hazards in the quality of the house.
3. Small property rights cannot be mortgaged or listed for resale.
Small property rights cannot be mortgaged, nor can they be listed for sale and purchase transactions, and the source mainly comes from the lack of house ownership certificates, so you must pay attention when buying a house.
4. Mortgage loans are not allowed for small property rights.
The small property cannot be registered, so it cannot apply for a mortgage loan from the bank, because such a house has a very filial risk, it has no legal collateral, so the bank will definitely not agree to the mortgage of this property.
Article summary: The above is all about what is a large property right and a small property right and what are the risks of buying a small property right house, I hope it will be helpful to you. If you want to know more about lead combustion, please continue to pay attention to Qeeka Home.
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Those that are issued by the state are called "large property right houses", and those that are not issued by the state are called "small property right houses". The dispute between large and small property rights is not the ownership of the house, but the right to use the land. There are three main interpretations of petty property rights:
1. For the property rights of the developer, the property rights developed and sold by the developer are called large property rights, and the property rights of the buyers are called small property rights, which is called because the property rights of the buyers are divided by the property rights of the developer. 2. It is distinguished according to whether the land transfer fee needs to be paid when the house is retransferred, and the one who does not need to pay the land transfer fee is called a large property right, and the one who needs to pay the land transfer fee is called a small property right. According to this interpretation, ordinary commercial housing is large property right housing, and affordable housing is small property right housing.
3. It is distinguished according to the issuing authority of the property right certificate, the state issues the property right certificate called the large property right, the state does not issue the property right certificate, and the certificate issued by the township ** is called the small property right, also known as the township property right, and the township property right does not constitute the real legal sense of property rights. The first two interpretations of small property rights are legal, and they can be freely bought and sold as long as the purchase price is paid in full, or the land transfer fee is paid at the time of transfer, and the legal provisions are relatively clear. However, the third interpretation of the legal nature of small property rights is controversial to a certain extent, which restricts circulation and can only be transferred to the same village.
Legal basis: Article 62 of the Land Management Law of the People's Republic of China A rural villager household may only own one homestead, and the area of the homestead shall not exceed the standards set by provinces, autonomous regions and municipalities directly under the Central Government. In areas where per capita land is small and it is not possible to guarantee that a household has a homestead land, the people at the county level may, on the basis of fully respecting the wishes of rural villagers, take measures to ensure that rural villagers have a place to live in accordance with the standards set by provinces, autonomous regions, and municipalities directly under the Central Government.
When rural villagers build houses, they shall conform to the overall land use plan and village plan of the township (town), shall not occupy permanent basic farmland, and shall use the original homestead land and vacant land in the village as much as possible. The preparation of township (town) land use plans and village plans shall make overall plans and reasonable arrangements for homestead land to improve the living environment and conditions of rural villagers. The residential land of rural villagers shall be reviewed and approved by the people of the township (town); Among them, where the occupation of agricultural land is involved, the examination and approval formalities shall be handled in accordance with the provisions of Article 44 of this Law.
Rural villagers who sell, rent, or donate their houses and then apply for homestead land shall not be approved. The State allows rural villagers who have settled in urban areas to voluntarily withdraw from their homesteads with compensation in accordance with the law, and encourages rural collective economic organizations and their members to revitalize and utilize idle homesteads and idle residences. The competent departments of agriculture and rural affairs are responsible for the work related to the reform and management of rural homesteads nationwide.
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1. Five certificates are different: large property rights houses have five certificates, which are protected by law and have complete property rights. Small property rights do not have five certificates and are not protected by law, that is, large property rights have real estate ownership certificates (real estate certificates), and small property rights do not have real estate certificates.
2. The demolition standards are different: there is compensation for the demolition of large property rights, but there is no compensation for small property rights. That is to say, if the house is to be demolished, the owner of small property rights will basically not get compensation for demolition and resettlement.
3. Different hidden dangers: the quality of small property rights is not supervised, there are potential safety hazards, and in addition to the difficulty of ensuring the quality of the house and the after-sales warranty of the house, the property management after moving in is also very prone to problems.
4. The property right certificate is different: because there is no formal property right certificate, the small property right cannot be used as a mortgage or listed monopoly. Moreover, small property rights cannot be registered with the real estate management department, so other rights such as mortgages cannot be handled, that is to say, you cannot take out a loan to buy a small property right house, and you can only pay the full amount in one lump sum.
Generally speaking, a small property right house refers to a house built on rural collective land, which does not have a property right certificate issued by the state housing management department. Small property rights can only be transferred within the village collective, and cannot be given to people outside the village collective.
Generally speaking, a small property right house refers to a house built on rural collective land, which does not have a property right certificate issued by the state housing management department. Small property rights can only be transferred within the village collective, and cannot be given to people outside the village collective.
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