What does it mean that small property rights are not in the register

The so-called "small property right house" 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 issued by the township ** or village **, so it is called "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 same location of the commercial housing; 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.

There are three main interpretations of small property rights, and the small property rights that are currently facing rectification refer to the third type below. The first interpretation is for the property rights of the developer, the property rights of the developers 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. The second interpretation is to distinguish according to whether the land transfer fee needs to be paid when the house is retransferred, and those who do not need to pay the land transfer fee are called large property rights, and those who need to pay the land transfer fee are called small property rights.

According to this interpretation, ordinary commercial housing is large property right housing, and affordable housing is small property right housing. The third interpretation is distinguished according to the issuing authority of the property right certificate, the state issues the property right certificate is called large property rights, the state does not issue property rights certificates, and the certificates issued by the township ** are called small property rights, also known as township property rights, and township property rights do not constitute property rights in the real legal sense. The first and second interpretations of small property rights are legal, and can be freely bought and sold as long as the purchase price is paid, or the land transfer fee is paid at the time of transfer, and the legal provisions are relatively clear.

However, the legal attributes of small property rights in the third interpretation are quite controversial, and there is no real legal property right certificate. From the point of view, the township property is only 40 to 60 of the same location of the commercial house. From the perspective of housing form, it is the same as an ordinary residence;

From the point of view of the purchase and sale procedures, the deed tax for the sale and purchase of commercial housing has not been paid. From the perspective of use cost, property fees are cheap, water and electricity bills are cheap, and heating costs are cheap. From the perspective of property management, the property management agency is set up by the developer designated by the township ** for management, and the service management level is not very high.

Even if you buy a small property, you can't buy or sell it in the market, and if there is a problem in the future, you will be responsible.

If the house is to be traded, it must be registered first. Because the small property right house is a house built on rural collective land, 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 **, this kind of house does not have the land use certificate and pre-sale license issued by the state, and the purchase contract will not be filed in the Land and Housing Management Bureau. The so-called property right certificate is not a real legal and valid property right certificate.

Immovable property registration is a real right system established by the Property Law of the People's Republic of China, which refers to the fact that upon the application of the right holder or interested party, the relevant real estate rights and their changes are recorded in the real estate register by the full-time state department.

It means the country. You only have a place to live. There is no right to trade.

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.

The difference between a small property and a large property.

1.Small property rights.

The real estate certificate of the small property right house is issued by the township, and the individual does not have actual property rights;

Individuals who want to transfer a small property must do so after five years of purchase;

The construction land of small property rights houses is generally owned by the township collective, and such properties can only be purchased and lived in by the villagers of the township;

After purchasing a small property right house, if you want to transfer it again, you must pay the land transfer fee, otherwise it will not be able to be listed and traded;

2.Large property rights.

The real estate certificate of the large property right house is issued by the state and is recognized and accepted by the state;

Employees can freely or transfer large property rights, without time;

The land used for large property rights is allocated or transferred by the state (i.e., the local), and the sale object can be anyone;

After purchasing a large property, the purchaser is free to use or transfer it without paying any additional fees.

Risks of buying a small property.

1.Lack of "five certificates".

If you don't have the "five certificates", you can't apply for a real estate certificate. There are no property rights, and they are not protected by law.

2.It is difficult to compensate for demolition.

As long as the approval procedures are followed, it is a joint building. However, it is not excluded that those illegal buildings outside the prescribed scope are likely to be demolished if they conflict with the national plan, and the owners will not receive compensation for demolition and resettlement.

3.Quality is difficult to guarantee.

These houses are cheap, the quality of the houses is not supervised, and some developers will cut corners in order to make money, which is a safety hazard. This kind of house is generally developed by the village where the land is located, in addition to the quality of the house and the after-sales warranty of the house is difficult to guarantee, the property management after moving in is also very prone to problems.

4.Houses with small property rights cannot be mortgaged or listed for resale.

Due to the lack of a formal title certificate, small property rights cannot be used as a mortgage or listed for monopoly. These are all things that buyers need to pay attention to when buying a small property.

5.Small property ownership cannot be mortgaged.

Small property rights can not be registered with the real estate management department, so you can not handle other rights such as mortgages, no other rights are equivalent to no pledge mortgage to the bank, and the bank loan will not be approved, which means that you need to pay a lump sum to buy a house.

An important reason for the existence of small property rights is that it is very cheap, providing a shortcut to buying a house for many people who cannot afford to buy a house but have housing needs. However, there is a greater risk of buying this kind of house without legal and policy protection, so you must be cautious when buying this type of house.

To put it simply, the property right certificate issued by the state is called large property rights. If the developer goes through the legal project development procedures, goes through the land transfer procedures and pays the land transfer fee and use tax (fee) to the state according to the regulations, and the state issues the land use certificate and house pre-sale license to the developer, such a house is called a large property right house. If the state does not issue a property right certificate, the certificate issued by the township is called a small property right, 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 regarded as a township property right, that is, a small property right house.

What is the difference between small and large property rights?

Large property rights are full property rights, including real estate use certificates and state-owned land use rights. Houses with large property rights do not need to pay land transfer fees and income harvests when they enter the secondary market. 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".

What kind of houses are included in small title resale houses? Can I buy and sell?

Strictly speaking, second-hand houses with small property rights include: purchased public housing, township property housing and right-of-use housing. Depending on the nature of these properties, they will also be treated differently when the property is transferred.

has purchased public housing", as long as the buyer makes up the land transfer fee, that is, 1 of the purchase price, it can be equivalent to the listing of commercial housing**. "Township property rights" are owned by rural collectives, and it is very difficult to change the property rights relationship and transition to full property rights, otherwise the state's land system will be shaken. For the "right to use" house, there will be a glimmer of hope for listing, because the state has been advocating and doing reform pilot efforts.

What are the risks associated with buying a small home?

First, according to the risk warning issued by the Beijing Municipal Construction Commission, houses with "right of use", "township property rights" and "small property rights" have no property rights protection, and do not have the rights to own, transfer, dispose of, and benefit from the house, and cannot go through the procedures for the transfer of housing property rights.

Second, there is no national property right certificate for "township property houses" and "village property houses" in small property rights, only the property rights certificate given by the township ** or village committee, which cannot be mortgaged and circulated like houses with large property rights. In the event of land acquisition or demolition by the state, it will be difficult to ensure the interests of home buyers. The purchase contract signed by both parties is not a formal purchase contract recognized by law, and there is a lack of legal support if there is a dispute over the property.

Third, the purchase of a small property right house like the township property rights cannot be loaned, and can only be paid in a lump sum or installments, which will virtually increase the financial pressure on the buyers and increase the risk of buying a house.

According to the policy, the state does not support consumers to buy small property rights, and buyers should be cautious about this. Don't "be greedy for small profits and suffer big losses" because of saving money or blindly following the "trend", and the gains outweigh the losses.

"Small property right houses" are houses built on collective land in the name of new rural construction by some village collective organizations or developers, or "commercial houses" built by farmers themselves. At present, there are two kinds of "small property right houses": one is built on collective construction land, that is, houses built on homesteads, which only belong to the collectives in the rural area, and cannot even be bought by farmers from other villages; The other is illegal construction on the land used by collective enterprises or the occupation of cultivated land.

Small property ownership has been all the rage for a period of time because of its ** and preferential prices, at least a quarter below the market price**, and has been active in the market for many years.

It was two years ago that small property rights are like a cancer in the real estate market, which has been contained, and no more small property rights are allowed to be built.

What kind of "small property" is legal?

What kind of "small property" is legal?

Small-scale property rights are also legally constructed after approval and approval by the construction department, but three conditions must be met:

First of all, it is not just a "small property" that is illegal. As long as the relevant approval procedures have been completed in accordance with the law, a small property right house is a legal building, because the law allows the village collective to build a house on collective land, which must be organized by the village, and the village committee will come forward to take the form of collective interests. If it is operated by the developer, it is illegal, but at present, it is operated like this, the village comes forward to approve, the village transfers land privately, etc., and the developer builds houses and sells and benefits.

Secondly, the construction land is built on collective land, and the land belongs to the villagers' collectives in the village.

After that, the purchaser and the owner must be members of the collective, and meet the requirements of "one household, one house", and provide the relevant approval procedures, and the right can be confirmed. If it is not purchased by the members of the village or the collective, the interests will be damaged.

What are the conditions for small property rights to be formally marketed?

First of all, the approval procedures for construction are complete, the collective land rights must belong to the villagers, and the building is a non-illegal building.

Secondly, the land transfer fee and taxes should be paid in the market, and the taxes and fees should be uniformly confirmed and issued.

If you are, you will be restricted from being a villager in your own village, because you can be excluded from the hukou job alone.

Therefore, it is risky for non-class members to buy a small property right house, at least in the future, there is a risk of legal confirmation.

Small property rights. According to the "Notice on Continuing to Actively and Steadily Carry Out the Reform of the Urban Housing System", employees can purchase public housing at the standard price within the housing area specified by the state. Employees have part of the property rights after buying a house, they can inherit and **, but they can only be carried out after 5 years of purchase, and the property rights of the original house sold have the right of first refusal, and the income from the sale of the house is distributed according to the proportion of property rights held by the individual and the unit or ** after deducting relevant taxes and fees.

Some of the differences between partial and full property rights can be seen here. The difference between partial property rights and full property rights is that partial property rights emphasize the right of permanent use and inheritance, while the exercise of the right to benefit and the right of disposal is limited to a certain scope.

Large property rights. Small property rights.

The "Circular on Continuing to Actively and Steadily Carry Out the Reform of the Urban Housing System" stipulates that buyers of public housing purchased at market prices can own all property rights. The market price is also the market price or the rate of the residential market.

The state and local governments do not lower and raise the market, and let the buyer and seller agree, as long as both parties can accept it, the transaction can be completed. The owner of the house who buys the house at the market price also has the right to control the house, that is, he has the right to occupy, use, benefit and dispose of the house and the house. Here, the full ownership of the house is the same as the ownership of the house, but the two are referred to differently.

Compared with "partial property rights", "full property rights" have the meaning of existence.

Small property rights. The first type of small property right housing: illegal construction that occupies collective land or cultivated land, and transfers the right to use farmers' collective land for commercial residential development.

The second type of small property right house: on the first type of allocated or transferred land, not developed or used according to the planning function, and the house that will be restricted from sale is directly sold on the market, with the hidden danger of property rights disputes.

The third type of small property right housing: the development of commercial housing on the land where the military has the right to use, and then sold to local residents other than the military, commonly known as "military housing".