Is it possible to buy a small property? Can I buy a small property?

There are three major problems in buying a small property:1It is prone to property disputes, and there is a great risk of breaking the contract due to the lack of a real estate certificate.

2.There is a risk of being demolished, and there is a possibility of being demolished and confiscated at any time without compensation. 3.

Without the function of settlement and financial attributes, small property rights cannot be settled and cannot be loaned, and it is difficult to change hands.

Generally, small property rights houses are divided into these three categories: first, they are built on collective construction land, that is, houses built on homesteads, which only belong to the collective owners of the rural villages, and cannot be purchased by farmers in other villages; the second is a house illegally built on the land of a collective enterprise or occupying cultivated land; The third is the villas of various agricultural parks or nursing homes.

The difference between a small property and a large property.

1. Small property rights.

The property ownership 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 not do so until five years have elapsed since the purchase.

The land used for the construction of small property rights is generally owned by the township collective, and such property 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.

Second, large property rights.

The title deed of a large property is issued by the state and is recognized and accepted by the state.

Employees can freely or transfer large property rights, and there is no 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. The 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. 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. Mortgages cannot be used for small property rights.

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 that the purchase of this type of house cannot be guaranteed by law and policy, so it is necessary to be cautious when buying this type of house.

Can I buy or sell a small property?

Is the contract for the purchase of a small property valid? According to the current law, the effective circumstances include: the sale and purchase of small property rights between the members of the collective organization; Give the house to people outside the township and obtain the approval of the relevant organizations and departments.

The invalid circumstances include: the purchase and sale of small property rights between the collective and members of other collective organizations, or with urban residents.

OK.

Small property rights housing refers to the construction of houses on the collective land of farmers, without paying land transfer fees and other fees, and its property rights certificate is not issued by the state housing management department, but by the township ** or village committee issued by the circulation and transfer of small property rights There are many restrictions, because small property rights only have the use of ordinary commercial housing, but do not have the legal nature of ordinary commercial housing, in fact, it is not commercial housing, and there will be no real estate certificate.

For example, there is no national property right certificate for township houses and village houses in small property rights, only the property rights certificate given by the township ** or village committee, and 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.

Can I buy a small property? Strictly speaking, small property rights are houses that cannot be traded externally, and foreign transactions are not protected by law. After paying the house payment, the buyer cannot obtain the legal real estate, and the ownership of the house cannot be determined.

Therefore, the small property rights purchased by the buyer cannot be publicly transferred or mortgaged. In the case of house demolition, compensation cannot be received in accordance with the law.

Although some small property owners recognize the transfer of the house by the buyer and go through the so-called transfer "registration", this "registration" has no legal effect, and once a dispute occurs, it cannot have the effect of protecting the buyer. Therefore, when the seller repents and sues the court, the ** person only needs to return the property, while the buyer needs to return the property, which is a big loss.

Therefore, from the perspective of home buyers, although it is cheaper to buy a small property right house, there are many problems in the property right situation, and it is necessary to bear huge risks. Therefore, buyers who are interested in buying a small property need to make their own choice judgment on the risks and benefits and make the right decision.

The transaction of small property rights is illegal and prohibited by the state and the law, so it is not protected by the law.

It is prone to breach of contract or multiple sales of one house or other defects in the rights of the house. Because the sale and purchase of small property rights is illegal, when one party repents, the contract can be invalidated; And because the small property right house is not effectively registered, the third party cannot find out the purchase and sale or the status of the rights and interests of the house, so it is easy to sell more than one house or other rights defects.

This is a matter of opinion.

Personally, I think I can still buy it with confidence. After all, the current house is too expensive. Do more with less. It is to demolish a few hundred households or even thousands of households. There are many people and great power. **It will also be considered.

But to remember...

First, the payment cannot be mortgaged. Therefore, it is not very convenient to sell. It can also be sold. But sell through justice.

Second, if you want to dismantle the protection, there is less protection. But such opportunities are too few.

This ** is still a bit expensive. I don't know what the location is.

Buying a small property right house should pay attention to the choice of a large community, there are also small property rights in the surrounding community, who is the development unit, you want to sell the community on the three buildings are not large, 10 minutes away from the subway location is very good, but such a place in the future demolition probability will be greater, such a house in the future if the state demolition according to the law you will not get compensation, your compensation only go to the local village to want, because the community is located on the land owned by the peasant collective, you are not the village household registration is not not compensated, I have been in contact with small property rights since 2001, and I have never heard of the owners of small property rights who bought small property rights in any place to have their houses demolished without compensation. Your house** is too cheap, pay attention. Good luck.

How to listen to it is also a bit unreliable, now 70-80 square meters of houses in Inner Mongolia are 20-300,000, and 290,000 in Shenzhen can buy a house, I don't believe it, let alone a 75-square-meter house. Be careful!

1. The legal nature of small property rights is different from that of general commercial housing, and the state expressly prohibits the purchase and sale of small property rights, and there is no so-called property rights problem.

2. There is a huge legal risk in buying a small property right house, because it is not protected by law, the signed contract is invalid, and when the rights are infringed due to the problem of the house, the pace of rights protection is very difficult.

3. When some policies or measures formulated by the state for small property rights often affect the vital interests of buyers, such as when the state needs to expropriate the land, because their own houses have not been recognized by the state, the buyers are not legal property owners, and the relevant compensation fees may not be claimed.

4. The circulation of small property rights is very restrictive, and the value of the house will have a great impact due to the property rights issue.

There are two reasons why small property rights cannot be transferred: 1. Small property rights houses are built on rural collective land, and their transactions are not protected and recognized by national laws. 2. There is no real estate certificate for small property rights and cannot be filed with the Housing Authority. Therefore, small property rights can only be transferred within the village collective.

Can I buy or sell a small property?

Yes, but there are risks.

Small property right house is not a legal concept, but a conventional title formed by people in social practice. The so-called small property right house refers to the house built on the collective land of farmers, without paying the land transfer fee and other fees, and the property right certificate is not issued by the state housing management department, but by the township ** or village committee, so it is called the township property right house, also called the 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.

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. Small-scale property ownership is a narrow concept, and it is legal to approve a new house with formal construction procedures through **, and it can be owned and lived in for a long time. For houses that do not have legal construction procedures, do not buy this is the real small property right, it is not legal and will be forced to be demolished at any time.