The latest policy on small property rights Will small property rights houses be cleaned up and demol

The so-called "small property right house", also known as "township property right house", refers to the real estate issued by the township ** rather than the state, that is, some village collective organizations or developers in the name of new rural construction, etc., built on collective land or "commercial housing" built by farmers themselves. In November 2011, the "Several Opinions on the Registration and Issuance of Certificates for the Confirmation of Rural Collective Land Ownership" was issued, which clearly stated that small property rights houses shall not be registered and issued. According to the Land Management Law of the People's Republic of China, the land use rights 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 law, and they cannot go through legal procedures such as land use certificates, real estate certificates, and deed tax certificates. It can be seen that the township property cannot be transferred or ** to a third party who is not a member of the collective. However, this does not mean that the township property cannot be transferred, but that the object of its transfer or sale is limited, and it can only be transferred and replaced within the collective members.

According to the current attitude, demolition is certain. Beijing has demolished an unknown number of square meters of illegal and illegal small property rights houses.

Many people will buy a small property right house, mainly because it is cheaperWhat should I do if the small property is demolished? Is a small property protected by law? The property certificate of small property rights is not issued by the national housing management department, but issued by the township ** or village **, each region has a different policy on the demolition of small property rights, follow us to find out!

Is there any compensation for the demolition of small property rights?

1. There is no legal real estate registration certificate for small property rights houses, and if it involves demolition and resettlement, the practices vary from place to place, so it is recommended to actively negotiate with the demolition person.

2. If compensation is involved, as long as the nature of the small property right house is a house that has fulfilled the approval procedures, it has the right to claim resettlement compensation, and the specific compensation method should refer to the local demolition compensation standard, and the signed Zhipei Slip demolition and resettlement agreement shall prevail.

3. If the collective economic organization expands the sales object without authorization in the process of relocating the collective citizens, the sales contract shall be invalid because according to the current laws and policies, non-members of the collective economic organization are not allowed to purchase houses built on the land owned by the collective. In this case, it should first be determined that the ownership of the house in question belongs to the rural collective economic organization or to the homestead user, and the benefits of compensation for demolition and resettlement can only be enjoyed by the owner, i.e., the collective economic organization and its members.

4. If the buyer is not the legal property owner and cannot get the compensation for the demolition of the property right, the buyer of the small property right house can get a part of the compensation benefits from the property owner or the property owner, and generally needs to be resolved by litigation. If the small property is an illegal building, no compensation will be given.

Is a small property protected by law?

1. Nowadays, small property rights houses are not legal, so they will not be protected by law. Because the small delivery house refers to the house built on the rural collective land, without paying the land transfer fee and other related fees, the property certificate is not issued by the state housing management department, but by the township ** or village **, so it is also called the township production house. There is no 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 certificate is not a real legal and valid property certificate.

2. And from a legal point of view, small property rights houses are not allowed to be traded, so there is no legal effect on buying and selling. After the purchase, if there is a problem and the mediation fails, there is no legal protection. Even if you buy a small property right house, you don't have a real estate certificate, you can't transfer the ownership, and you can't protect your legitimate rights and interests.

What should I do if the small property is demolished? Is a small property right house protected by law?

Will small property rights be forcibly demolished? Nowadays, small property rights are more common in some third- and fourth-tier cities, and many people will consider buying small property rights. However, we are also concerned about the policy of small property ownership.

1. Will the small property right house be forcibly demolished?

1. All along, small property rights have been welcomed by the Chinese because of their own advantages. But in fact, there is no real estate certificate and no registration for small property rights, and it is precisely because there is no formal legal procedure for small property rights that this type of house is not protected by law. At the same time, China has enacted a number of policies to crack down on such small property rights.

2. Then at this time, there will be a problem that bothers everyone. Since everyone says that the legal existence of such small property rights is unreasonable, why has the state not completely banned such small property rights for so many years? What should you do if you want to cancel such a small property?

3. Although small property rights have been banned for a long time, the main reason is that there are many practical audiences for small property rights. If such a small property right house is forcibly banned, it will definitely be subject to great resistance, and the sound of the shadow ruler is quite bad. Therefore, to solve such a problem, two are to gradually regularize or completely dismantle.

2. Details of the compensation standard for the demolition of small property rights houses.

1. Small property rights do not have the legal nature of ordinary commercial housing, it is difficult to obtain equal protection in the purchase process, there is a lack of supervision in the development and construction process, and the probability of quality problems is higher than that of commercial housing. Due to the inability to go through the legal property rights procedures, the legal transfer of ownership cannot be carried out after the purchase of the house, which has a greater impact on the value of the property; In the case of national demolitions, it is difficult to obtain corresponding compensation for demolitions.

2. There is no legal real estate registration certificate for small property rights. If demolition and resettlement are involved, the practices vary from place to place. It is recommended to actively coordinate with the demolition party.

If compensation is involved, you have the right to ask for resettlement compensation, because the community has given you a house number, and you have also moved your household registration, proving that you have legally used the house. However, whether the specific compensation includes moving the house with you depends on the nature of the project land for the small property right house you bought.

3. However, you are still the object of demolition and resettlement: that is, the legal owner of the house, you have the right to request the resettlement of the house. At the same time, you can also claim relocation subsidies, decoration compensation, etc.

The specific compensation shall refer to the local demolition compensation standard, and the signed demolition and resettlement agreement shall prevail.

The above is about the small property rights will be forced to demolish, the full content of the small property rights house demolition compensation standard details, I hope to help you understand the small property rights house, more decoration knowledge, decoration company evaluation, decoration cases, please continue to pay attention!