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There are 5 major differences between small and large property rights:1There is no actual title to a small property.
2.Small-scale property rights are generally built on rural collective land. 3.
Small-scale property rights can only be traded within the village collective. 4.The sale and purchase of small property rights is not recognized by law.
5.Small property cannot be registered with the housing authority, nor can it be mortgaged.
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To put it simply, the state issues a title deed (house ownership certificate, commonly called"House book"It's called a big property. If the state does not issue a property right certificate, the certificate issued by the township ** is called small property rights, that is to say, on the collective land of farmers, only the seal of the township (town) ** or the village committee to prove its ownership, and there is no seal of the state housing management department, this kind of house is called a small property right house. China's land system is land state ownership, that is to say, there are only two types of ownership subjects for all land in China:
The first is state-owned (** functional departments on behalf of the state management).The other is collective ownership, which is an organization such as a villagers' committee (as the saying goes"Brigade"or"village"The collective ownership of land enjoyed by the members, in addition to being legally non-saleable, is subject to a number of conditions for assignment and lease. Therefore, there are large property rights and small property rights.
Small property rights are incomplete property rights, which only include the right to use houses, and the essential difference between it and large property rights is the land use right. In popular terms, those who do not need to pay the land transfer fee when the house is transferred are called "large property rights", and those who need to pay the land transfer fee when they are transferred are called "small property rights". However, there are very strict restrictions on the transfer of "small property rights" houses (including land use rights) in rural areas, and not all subjects are eligible to buy them.
The large property right refers to the complete property right, including the real estate use right certificate and the state-owned land use right. Houses with large property rights do not need to pay land transfer fees and income harvests when they enter the secondary market.
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You only have the right to use small property rights, but not the right to buy and sell. And it's free for thirty or forty years.
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Small property rights belong to public housing, and large property rights can be traded.
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It makes no difference.
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Houses with small property rights cannot be sold.
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Legal analysis: The difference between large property rights and small property rights can be started from the aspects of legality, transaction costs and ownership of construction land, as follows: 1. The property right certificate issued by the state for large property rights and the property right certificate issued by the township for small property rights; 2. If the land transfer fee is not paid when the large property right house is transferred again, the small property right house still needs to pay the land transfer fee; 3. The construction land of large property rights houses is owned by the state, and the construction land of small property rights houses is generally owned by the collective.
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) Residential land for 70 years;
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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The differences are: ownership, legality, and transaction taxes are different.
1.Ownership is different.
The developer's property rights are called large property rights, and the buyer's property rights are called small property rights. The reason for this division is that the buyer's property rights are divided by the developer's property rights.
2.The legality is different.
Large property rights are issued by the state, but small property rights are issued by the township. The real estate certificate issued by the township ** is not a real property right certificate, and this kind of house does not have a land use certificate and pre-sale license issued by the state, and the relevant departments will not be listed.
3. Transaction taxes and fees are different.
If the purchased house is transferred again, if the land transfer fee is not paid, it is a large property right, and if the land lease fee is still to be paid, this property is called a small property right. According to this interpretation, an ordinary commercial house is a large property right, while affordable housing is a small property right. For this discrepancy, the purchaser can confirm from the form of acquisition of the land use right in clause 1 of the contract.
Specifically, the proof of land provided by the real estate business is a small property right obtained through transfer; If it is acquired by assignment or transfer, it is referred to here as a large title.
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The difference between small property rights digging holes and large property rights is as follows:
1. The property right certificate is different, the property right certificate is issued by the state for large property right houses, and the property right certificate is issued by the township ** instead of state-owned property right house for small property right houses;
2. The transaction taxes and fees are different, and the land transfer fee is not paid when the house purchased by large property rights is transferred again. If it is still necessary to pay the land transfer fee, it is a small delivery house;
3. The objects are different, the construction land of small property rights houses generally belongs to the collective, and this kind of real estate can only be purchased and lived in by the villagers of the township. The state allocates or transfers the land use rights of large property rights, and the object can be anyone.
1. The following documents are required for the registration of house property rights:
1. Identity information, including the identity documents of the applicant and the first person; If it is an entrustment, it also includes a power of attorney;
2. Information on the ownership of real estate, including proof of real estate ownership and certificate of real estate ownership;
3. Proof of the reason for registration, including sales contract, will, etc.;
4. Information on the natural condition of immovable property, including real estate boundaries, spatial boundaries, areas and other materials;
6. Explanatory materials related to the interests of others, etc.
2. The procedures for the registration of property rights are as follows:
1. Submit an application. The applicant shall submit an application to the housing management bureau of the district where the house is located with the required materials. For those who meet the registration conditions, the district housing management department shall conduct an on-site investigation and report to the municipal housing property rights registration center after passing the preliminary examination;
2. Review and make certificates. The Municipal Housing Property Rights Registration Center issues the housing ownership certificate after review and approval;
3. Pay the fee and get the certificate.
In short, the difference between small property rights and large property rights mainly includes different property rights certificates, unclear transaction taxes and fees, and different objects. To handle the property rights of the house, you need to bring the relevant information, to the housing management bureau of the district where the house is located, to meet the registration conditions, the district housing management department to conduct an on-site investigation, after the preliminary examination of the registration center, after the examination and approval of the certificate, you can pay the fee to receive the certificate.
Article 63 of the Law on the Administration of Urban Real Estate.
As determined by the people of provinces, autonomous regions, and municipalities directly under the Central Government, the local people** at or above the county level shall be uniformly responsible for the management of real estate and the judgment of land management work by one department, and may make and issue a unified certificate of real estate rights, and in accordance with the provisions of Article 61 of this Law, the ownership of the house and the confirmation and change of the land use right within the scope occupied by the house shall be respectively included in the certificate of real estate rights.
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Many people can't tell the difference between large property rights and small property rights, so what is the difference between large property rights and small property rights? How to trade a small title house? What is the loan policy for small property ownership? Let's take a look.
1. What is the difference between large property rights and small property rights?
1. The ownership of property rights is different.
Large Title: The property right of the developer.
Small property rights: property rights of the buyer.
2. The legitimacy is different.
Large property rights: property rights certificates are issued by the state.
Small property rights: property rights certificates are issued by the township **.
3. Transaction taxes and fees are different.
Large property rights: When the house is transferred again, there is no need to pay the land transfer fee, that is, ordinary commercial housing.
Small property rights: When the house is transferred again, it is necessary to pay the land transfer fee, that is, affordable housing.
5. There are different ways to obtain land certificates.
Large property rights: by way of assignment or transfer.
Small property rights: by way of allocation.
6. Different powers.
Large property rights: can be legally traded in the market, with the right to possess, use, benefit and dispose of.
Small property rights: cannot enter the real estate circulation market, and is not protected by law, and it is difficult to increase value.
2. How to trade a house with small property rights.
1. Advertise and sell houses on your own in the relevant **.
2. You can entrust an intermediary to sell the house.
3. The two parties negotiate the price.
4. Take your ID card, marriage certificate, payment documents (heating, natural gas, etc.) and other materials to the village committee to find an accountant to go through the transfer procedures.
3. What is the loan policy for small property rights?
The Land Management Law stipulates that the right to use land owned by peasant collectives shall 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 homestead base, and the sale and purchase of houses by villagers to people outside the village cannot be recognized and protected by law, and the annual office cannot go through legal procedures such as land use certificates, real estate certificates, and deed tax certificates.
Summary: What is the difference between large property rights and small property rights, how to trade small property rights houses and what is the knowledge of small property rights housing loan policy, I can briefly introduce it here, I hope it can help you, if you want to know more, please continue to pay attention to Qeeka Home.
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The difference between large property rights and small property rights is: large property rights houses have house ownership certificates and land use right certificates, and have four complete powers of possession, use, income and disposal after approval by the county-level planning department, and can legally carry out sales and transactions; The real estate certificate of the small property right house is issued by the township, and the individual has no actual property rights, and the transfer is restricted.
Legal basis] Article 4 of the Interim Regulations on the Registration of Immovable Property.
The State implements a unified registration system for immovable property. The registration of immovable property follows the principles of strict management, stability and continuity, and convenience for the masses. The immovable property rights already enjoyed by the owner of immovable property in accordance with the law shall not be affected by changes in the registration authority and registration procedures.
Article 11 of the Land Administration Law.
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 the township peasant collectives shall be operated and managed by the township and rural collective economic organizations.
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