Isn t it a small property right house if you have a real estate certificate?

Having a real estate certificate does not necessarily mean that it is not a small property right house, because a small property right house also has a real estate certificate, but its property right certificate is not issued by the national housing management department, but by the township ** or village committee.

There are three main interpretations of petty property rights:

1.It 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.

2.It is distinguished according to whether the land transfer fee needs to be paid when the house is retransferred, and the one who does not need to pay the land transfer fee is called a large property right, and the one who needs to pay the land transfer fee is called a small property right. According to this interpretation, ordinary commercial housing is large property right housing, and affordable housing is small property right housing.

3.It is distinguished according to the issuing authority of the property right certificate, the state issues the property right certificate called the large property right, the state does not issue the property right certificate, and the certificate issued by the township ** is called the small property right, also known as the township property right, and the township property right does not constitute the real legal sense of property rights.

A small property is a house built on collective land without a title deed, and I would like to remind you that I think it is necessary for you to find a way to verify what you have heard, and it is possible that the buyer is deceiving you.

Hello, yes.

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 right house". "Small property right house" is not a legal concept, but a conventional title formed by people in social practice. This type of house does not have a land use certificate and pre-sale permit issued by the state, and the purchase contract will not be filed with the Land and Housing Administration.

The so-called property right certificate is not a real legal and valid property right certificate.

Therefore, having a property certificate is a regular house.

Generally, there is no real estate certificate for small property rights, and only a unified real estate certificate includes all the houses, which are usually placed in the collective, not owned by individuals. Some collectives may issue a formal title deed for their occupants, i.e. a specially made but non-valid title deed, which is only a psychological comfort for those who have bought a small property.

What are the risks of buying a small property?

1. The law does not protect the sales contract of small property rights.

In the process of selling small property rights, there are no perfect procedures, that is to say, they cannot be sold. At present, most of the property rights certificates issued by the local village committee or the town ** are issued by the local village committee, and these certificates are invalid certificates. The purchase of small property rights is not recognized by the relevant authorities, and it still belongs to the category of illegal construction.

Therefore, there are unpredictable risks. Buyers should not take chances.

2. Lack of "five certificates".

When the developer pre-sells the property, he must apply for five certificates, and only when the five certificates are complete can the property be pre-sold. Five certificates are the prerequisites for consumers to obtain real estate certificates, that is, with state-owned land use certificates, construction land planning permits, construction project planning permits, construction permits and commercial housing pre-sale permits, including urban village renovation of real estate projects, if there are no five certificates can not handle the real estate certificate, although small property rights are hot, but many people in the industry believe that there are many risks in small property rights.

3. Mortgage loans are not allowed for small property rights.

Friends who have taken out loans know that the loan requires a mortgage on the homeowner's certificate, and if the owner wants to mortgage this small property right, then he must provide a certificate of real estate recognized by the bank. However, since there is no title deed for small property ownership, it is not possible to apply for loans and mortgages through banks.

4. The quality is difficult to guarantee.

The quality of small property rights is not supervised, some developers will cut corners in order to make money, there are potential safety hazards, small property rights are 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.

5. When the small property right house is demolished, it cannot get due compensation.

Nowadays, it is not uncommon to occupy a lot of land, and if your house is a small property, then you will suffer a loss. If you encounter a situation where you need to occupy a lot of land or need to occupy a land, the small property right house can only get little or cannot get the corresponding compensation, because we must know that the right to use the land occupied by the small property right belongs to the local village committee or township, and the compensation will be directly allocated to the local village committee or township.

There is no title deed for small property rights. According to the law, the state expressly prohibits the registration and issuance of certificates for small property rights, and small property rights houses cannot obtain the house ownership certificate issued by the state, nor can they take out mortgages. However, each kind of small property right house also has relevant certificates, and the small property right house currently sold in Shenzhen is mainly two certificates and one book and more historical legacy.

"Two Certificates and One Certificate" refers to the "Construction Land Planning Permit", "Construction Project Planning Permit" and "Residential (Private) Construction Land Approval Notice".

[Legal basis].

Land Management Law》 Article 11 The land owned by the peasant collectives belongs to the village peasant collectives in accordance with the law, and shall be 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.

1. Houses with small property rights are commercial houses that occupy collective land for construction and are sold to members other than collective economic organizations, and the state has clear regulations on this issue. Urban residents are not allowed to buy rural homesteads to build houses, nor are they allowed to buy houses with small property rights. At present, the state requires all localities to confirm the registration and development of rural collective land, but it is not allowed to issue certificates for illegal land use of small property rights houses, and small property rights houses are not protected by law.

2. According to the provisions of the "Several Opinions on the Registration and Issuance of Certificates for the Confirmation of Rural Collective Land Rights", it is necessary to strictly regulate the registration and issuance of certificates for the confirmation of rural collective land rights, and it is strictly forbidden to engage in false land registration, and it is strictly forbidden to register and issue certificates for illegal land use without dealing with it in accordance with the law. Certificates shall not be registered and issued for illegal land use such as the conversion of peasant collective land into state-owned land by means of the reform of the household registration system or through the unauthorized use of "village to residence" and other methods without going through the statutory expropriation procedures, the illegal transfer or lease of collective land by rural collective economic organizations for non-agricultural construction, and the purchase of homesteads, peasant residences or "houses with small property rights" by urban residents in rural areas. For those who do not carry out land ownership confirmation registration and issuance of certificates or register specifications in accordance with laws and regulations, causing serious consequences, the relevant personnel shall be seriously held responsible.

There is no real estate certificate for small property rights, only an invoice for buying a house! Because the small property right house has not paid the transfer fee, it is impossible to apply for the real estate certificate.