I bought a commercial house and didn t have the property right, what s going on?

The so-called township property right house refers to the house built on the collective land of farmers, without paying the land transfer fee and other fees, and its property right certificate is not issued by the state housing management department, but by the township ** or village **, so it is called the township property right house.

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 house.

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.

The reason why a house without property rights cannot be purchased is: the house ownership certificate is a proof of ownership, and there is an obstacle that there is no property right certificate for a house without a property right certificate, and the purchase and sale of a house without ownership rights is a disposition without the right to dispose of it, and it is impossible to register and receive the ownership certificate and go through the transfer procedures according to 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) Judicial organs and administrative organs have made rulings or decisions 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) There is a dispute over the ownership of the hail and dismantling;

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

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

Legal analysis: the property without the property right certificate can not be transferred, the state does not protect the real estate that is not the owner, and there is no property right house, there is a great transaction risk, this kind of house is not protected by law.

Legal basis: Article 209 of the Civil Code of the People's Republic of China The establishment, alteration, transfer and extinction of real estate rights shall take effect upon registration in accordance with law; If the silver beam is not registered, it will not take effect, except as otherwise provided by law.

You can't buy a house without a title. The house ownership certificate is the proof of ownership of the house, and the sale and purchase of a house without property rights is a disposition without the right to dispose of it, and there is an obstacle that there is no property right certificate, and the transfer procedures cannot be registered in accordance with the 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.