Can a small title house be bought and sold? Can a small property house be bought and sold?

Whether the law on the sale of small property rights is illegal depends on the specific circumstances. Small property rights housing refers to the construction of houses on rural collective land, 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 **, also known as"Township property"。Therefore, the purchase and sale of this type of house needs to comply with the strict procedures stipulated by the law to carry out the transaction legally.

[Legal basis].Article 9 of the Land Management Law of the People's Republic of China.

Land in rural areas and on the outskirts of cities shall be owned by peasant collectives, except as provided by law for the State; Homesteads, self-cultivated land, and self-cultivated mountains belong to peasant collectives.

Article 11. 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 township (town) peasant collectives shall be operated and managed by township (town) rural collective economic organizations.

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.

There are two reasons why small property rights cannot be transferred:

1.Small-scale property rights are built on rural collective land, and their transactions are not protected and recognized by national laws.

2.Small-property houses do not have a real estate certificate and cannot be filed with the housing authority.

Therefore, small property rights can only be transferred within the village collective.

1. What should be paid attention to when buying a small property right and what are the risks?

When buying a small property, you should pay attention to the following issues:

1. To see whether the main body of development is legal, the main body of land development in urban villages can be villagers, or it can be an economic entity with legal personality and real estate development qualification established by a rural collective economic organization in accordance with the law, or it can also be a real estate development enterprise entrusted by the village committee in accordance with the law.

2. Pay attention to whether the state-owned land use certificate has been obtained.

3. Pay attention to whether the construction permit of the construction project has been obtained.

There are the following risks:

1. Breach of contract or multiple sales of one house or other rights defects of the house are prone to occur.

2. Small property rights can only be transferred between collectives in the village, and the sale of other circumstances is not protected by law.

2. Is there any compensation for the demolition of the house of the SASAC?

The demolition of the house of the State-owned Assets Supervision and Administration Commission is a legal construction, and the reasonable acquisition of small property rights can be compensated when the house is demolished. However, if the small property right house does not have an independent real estate certificate and cannot be transferred, the purchase can only sign a sales contract, and at the same time, it can only be transferred within the collective members, and the purchase of a third party who is not a member of the collective cannot be protected, and the demolition and relocation will not be compensated. According to the relevant laws and regulations of our country, compensation for the loss of production and business suspension caused by the expropriation of houses.

The people at the municipal and county levels shall formulate subsidies and incentives to give subsidies and rewards to the expropriated persons.

3. What is the name of the small property right house?

Small-property rights housing refers to the commercial housing built by farmers in the name of new rural construction by village collective organizations or developers, or houses built on collective land. The state does not issue land use certificates and pre-sale permits, and the purchase contract cannot be filed with the housing authority. At present, there are two types of small property rights:

One is built on collective construction land, which only belongs to the rural collective owner, and even farmers in other villages cannot buy it; The second is to occupy cultivated land or illegally build houses on the land of collective enterprises. According to Article 6 of the Administrative Measures for the Pre-sale of Urban Commercial Housing, a developer shall apply for a pre-sale permit from the real estate management department and obtain a pre-sale permit for commercial housing.

According to Article 261 of the Civil Code, the immovable and movable property owned by the peasant collective belongs to the collective ownership of the members of the collective.

Small-owned houses can be bought and sold in the village. If the house is transferred to a person outside the township without the approval of the relevant organizations and departments, it shall be invalidated. The sale and purchase of small property rights between members of a collective economic organization shall be found to be valid.

Article 60 of the Law on the Administration of Urban Real Estate.

The State implements a system of registration and issuance of certificates for land use rights and house ownership.

Article 62 of the Land Administration Law.

Rural villagers can only own one homestead per household, and the area of their homestead must not exceed the standards set by provinces, autonomous regions, and municipalities directly under the Central Government. The residential land of rural villagers shall be reviewed and approved by the township people; 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, lease, or donate their dwellings and then apply for homestead land shall not be approved.

The competent departments of agriculture and rural affairs are responsible for the work related to the reform and management of rural homesteads nationwide.

Article 143 of the Civil Code.

Civil juristic acts that meet the following conditions are valid:

1) The perpetrator has the corresponding capacity for civil conduct;

2) The meaning is genuine;

3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

Small property rights refer to the houses built on collectively owned land, generally on the homestead, because the land covered under it is collectively owned, so the ownership of the house can only be obtained by the members of the collective, and no persons other than the collective members are allowed to obtain it, so the small property rights house can only be bought and sold within the collective members, and cannot be sold to persons outside the collective members**.

[Legal basis].Article 11 of the Land Management Law of the People's Republic of China.

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 township (town) peasant collectives shall be operated and managed by township (town) rural collective economic organizations.

Small property rights can be bought and sold, but they are not allowed to be listed for trading. Although the two parties can sign a sales contract without a real estate certificate, they cannot be transferred due to the inability to go through the registration procedures, which is a great risk, and the law does not allow public transactions to buy and sell.

1. What does it mean to have small property rights in China?

Small property rights housing refers to the construction of houses on rural collective land, without handling relevant documents, not 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". "Small property right house" is not a legal concept, but a conventional title formed by people in social practice. The purchase contract will not be filed with the Land and Housing Authority.

2. Whether compensation can be claimed for the invalidity of the sales contract of small property rights.

If the contract for the sale and purchase of a small property right house is invalid, appropriate compensation may be claimed. With regard to the determination of the amount of compensation, although the state prohibits the transaction of small property rights, after all, the actual transaction of small property rights houses** exists, and the difference between the actual transaction of similar small property rights houses** and the buyer's original purchase**, and the amount of compensation is determined by considering the degree of fault of both parties.

3. How to judge disputes over small property rights.

Judgment on disputes over small property rights:

1. When signing the contract for the sale and purchase of a small property right house, the intention is true and does not violate the law or the public interest, and the contract for the sale and purchase of the small property right house is generally deemed to be valid. Disputes over small property rights can be resolved through negotiation, which is the most cost-effective and time-saving way to resolve, and many parties are willing to negotiate to settle it;

2. If the negotiation fails, file a lawsuit with the court and solve the problem through litigation.

Small property rights housing refers to the construction of houses on rural collective land, without handling relevant documents, not 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".

Article 38 of the Law on the Administration of Urban Real Estate.

The following real estate is not transferable:

1) Where the land use right is obtained by way of transfer, it does not meet the conditions provided for in Article 39 of this Law;

2) Where judicial or administrative organs make rulings or decide to seal up or otherwise restrict real estate rights in accordance with law;

3) recovering the right to use land in accordance with law;

4) Co-ownership of real estate, without the written consent of the other co-owners;

5) the ownership is disputed;

6) Failure to register and receive a certificate of ownership in accordance with law;

7) Other circumstances where laws or administrative regulations prohibit transfer.

Small-scale properties are generally not allowed to be bought or sold. Although the two parties can sign a sales contract without a real estate certificate, there is a great risk that they cannot go through the registration procedures, and their sales are not protected by law.

[Legal basis].Article 38 of the Law on the Administration of Urban Real Estate.

The following real estate is not transferable:

1) Where the land use right is obtained by way of transfer, it does not meet the conditions provided for in Article 39 of this Law;

2) Where judicial or administrative organs make rulings or decide to seal up or otherwise restrict real estate rights in accordance with law;

3) recovering the right to use land in accordance with law;

4) Co-ownership of real estate, without the written consent of the other co-owners;

5) the ownership is disputed;

6) Failure to register and receive a certificate of ownership in accordance with law;

7) Other circumstances where laws or administrative regulations prohibit transfer.

It cannot be bought and sold, and the small property rights cannot be traded normally, and the ownership cannot be transferred.

Small property rights usually refer to the housing built for sale on the land owned by farmers in rural areas and urban suburbs in China, and this kind of housing cannot obtain the property right certificate issued by the state housing management department, but is issued by the township ** or village committee, so it is also called township property right housing.