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The convenience and advantages of buying a small property right house: one must be the most cheap, which is relatively commercial housing; Second, there are almost no taxes and fees on transactions; The third is small property rights.
It is generally located in the suburbs of the city, the location is not remote, and the transportation is relatively convenient.
There are also many disadvantages of buying a small property right house, the biggest disadvantage is that the property right is not guaranteed by law, and when the villagers or village committee are forced to take it back, or it is demolished, they cannot find a place to reason; The second is that many small property rights lack formal quality supervision, and the quality of the house is difficult to guarantee; Third, when the small property rights house is demolished in the future, the income from the demolition cannot be guaranteed; Fourth, the purchase of small property rights cannot be loaned or settled; Fifth, the population of small property rights houses is more mixed, the security environment of the community is worrying, and the children grow up and educate.
will also be affected.
Therefore, if you plan to buy a small property right house, you must think clearly about the purpose of buying a house, if the funds on hand are not very abundant, and the house is purely for self-occupation, and do not consider other rights such as settlement and demolition for the time being, small property rights can actually be purchased. As for those who want to borrow small property rights to speculate on property arbitrage, I advise you to consider carefully, one is that the appreciation of small property rights is not good, and the other is that it is difficult for small property rights to change hands, you will find that even the intermediary company will not help you change hands, and it is difficult for you to find a successor.
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Small property rights houses are unreliable, because the land for small property rights houses belongs to rural collectives, and they are not allowed to participate in market circulation.
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In terms of safety, if you are buying a house for your own use, then the risk is not great. First of all, your house is built on the land of the village, and the land is owned by the village collective, so the possibility of property rights disputes is very small. If the "small property right house" you bought is transferred and sold by relatives, friends, and acquaintances, it can also be carried out.
Because the title certificate is not important in this kind of transfer, it can be transferred in the form of a private commercial contract, which is also binding.
However, the risks cannot be ignored, and there are risks in the following legal senses of "small property rights". 1. The property right certificate printed and issued by the village committee is illegal and will not be recognized by the state.
2. "Small property rights houses" cannot be listed and traded, and cannot go through transfer procedures. 3. In case of demolition, it will be regarded as an illegal building and will not be compensated for demolition.
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Hello, if you buy this house only for living and don't want to buy and sell, then a house with a small property is also reliable.
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Don't buy a house with small property rights, this is still not safe.
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It is not recommended to buy a 40-year property because of the short property rights, expensive water and electricity costs, and a high down payment for the house.
A house with a 40-year property right is not a small property right house or an illegal building, and it can be purchased normally. The property rights mentioned in this tease refer to the tenure of the land, that is, the 40 years indicated on the land use certificate. Under normal circumstances, the 40-year property right is commercial, tourism, and entertainment land, and the water and electricity bills of such house residents will be higher than that of ordinary residents in accordance with commercial standards.
Although the 70-year property can be sold for renewal due to the protection of public and private property, it is still unknown for those who have bought an apartment to automatically renew or pay a fee for a 40-year apartment. After buying an apartment, you not only have to worry about whether it can be renewed in the future, but more importantly, if the renewal application is not approved, the land property rights will be recovered.
What you need to know when buying a house
1. Buy a house as much as possible to buy a phase of development, generally speaking, it is cheaper, and it is cheaper. Don't buy a house facing the street, the noise is too loud, even if it is a small road, there is the potential to develop into a vegetable market.
2. Don't buy the top layer, the top layer is prone to water leakage, although it can be repaired, it is time-consuming and labor-intensive, and the repair time is likely to be extended indefinitely. The outside of the window must be tilted outward, otherwise the sealant on the window will be flooded if it is aged.
3. Don't believe what the sales lady said about foreign imported doors and windows, the more so, the more difficult it is to buy door and window accessories, and the later the property can't be done at all.
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There is no real estate certificate for small property rights and cannot be transferred. Risks of buying a small property right house: 1. Lack of "five certificates"; 2. It is difficult to compensate for demolition; 3. The quality is difficult to guarantee; 4. Small property rights cannot be mortgaged or listed for resale; 5. Mortgages cannot be used for small property rights.
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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.
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Small-scale property rights must be qualified to legally develop land; The construction of small property rights should be in line with the overall urban plan; It is better to buy a large-scale small property; When signing a contract, have the witnesses present and sign it; The contract stipulates in detail the various situations. The specific precautions are as follows: 1. The development subject must be legal.
No matter who develops the small property right, it must obtain the qualification to legally develop the land, otherwise the risk will increase. 2. In line with the overall planning of the city. The construction of small property rights must be in line with the overall plan of the city, so that it is possible to obtain the real estate certificate in the later stage.
3. Purchase large-scale small property rights. Although the state prohibits the construction of small-property houses, it has not yet demolished them on a large scale. Therefore, it is better for buyers to buy large-scale small property rights.
4. Find a witness to witness the signing of the contract. Buyers can have witnesses present and sign when signing the contract for the sale and purchase of a small property to reduce the risk. 5. The contract is detailed.
Although it is not possible to apply for a real estate certificate for a small property, the buyer can protect his rights and interests according to the sales contract. Therefore, it is necessary to make detailed agreements on various situations, such as the buyer receiving full compensation at the time of demolition, and agreeing on high liquidated damages. Questions. Well.
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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.
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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.
The emergence of small property rights is inseparable from the soaring price of urban housing prices, and it has become a hot spot of social concern since 2007, when housing prices entered a rapid year. In accordance with the relevant requirements of the state, "small property rights houses" shall not be confirmed and issued certificates, and are not protected by law.
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I'm also thinking about buying a small property, and I looked at the real estate house of my family, the environment is also very good, and it is much cheaper, and I can make a lot of money by buying and renting it out for a month.
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In the current housing market, it is better not to buy.
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Small property rights cannot be bought, and there is no guarantee. The biggest difference between small property rights and formal commercial housing is that the nature of the land is different, many small property rights houses are built on collective land, China's houses are a combination of housing and land, we buy houses not only to buy houses, but also land, but to buy small property rights houses is different.
Buying a small property cannot apply for a real estate certificate, cannot take out a loan, and even in terms of compensation for demolition and relocation will be different.
Due to the nature of the land, the buyer only has the right to live in the house, not the right to the land, although the small property right house is cheaper than the formal commercial house, but the comprehensive consideration of some risk issues.
Small-property rights houses are houses built on collective land by some village collective organizations or developers in the name of new rural construction, or "commercial houses" built by farmers themselves, and such houses do not have land use certificates and pre-sale permits issued by the state, and the purchase contract will not be filed with the Land and Housing Administration.
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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 are not protected by law.
2. It is difficult to compensate for demolition;
As long as the relevant approval procedures have been completed in accordance with the law, it is a legal building. However, it is not excluded that those illegal buildings outside the scope of ** regulations, if they conflict with the national plan, are likely to be demolished, 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 legal pledge mortgage to the bank, bank loans can 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.
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It is better not to buy a house with a small title. The so-called small property title property actually has 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.
What issues need to be paid attention to when buying a small property.
1. According to the risk reminder issued by the Construction Committee, the houses with "right to 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.
2. For example, the "township house" and "village house" in the small property rights do not have the national property right certificate, only the property right certificate given by the township ** or the village committee, and cannot be mortgaged and circulated like a house 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.
3. The purchase of a small property right house such as the township property right cannot be loaned, and can only be paid in a lump sum or installments, which will virtually increase the financial pressure of the buyer and increase the risk of buying a house.
4. In case of demolition, it will be regarded as an illegal building and will not be compensated for demolition. Even if there is compensation, the compensation will be paid to the property owner first, and then the compensation will be paid to each owner of the small property according to the previous purchase agreement, if there is no agreement, or the property owner is not honest, the interests of the small owner will not be protected.
When buying a house, can not believe the oral propaganda and promises of the first person, before buying a house, it is necessary to check whether the person has the main qualification to sell the house, check the construction procedures of the commercial housing project, urban residents do not buy the house built on the collective land, when deciding to buy a house, it is necessary to prudently sign the contract for the sale and purchase of commercial housing, and when buying a small property right house, it is necessary to understand the possible risks and prevent the interests from being damaged.
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Answer: Intra-village transfer of property rights: small property rights are only allowed to be transferred and circulated within the same village collective, and if the small property rights house is sold to people outside the village collective, especially those with urban household registration, then even if the house purchase contract is signed, it is invalid;
Scaled: According to the principle that the law does not blame the public, once the small property rights house has become large-scale, then the state can not easily demolish it, otherwise it will cause social panic, so it is best to buy a small property right house that has become a scale, do not buy a separate house;
Obtain the approval of the relevant departments: under normal circumstances, small property rights are not allowed to be given to people outside the village collective, but if the approval of the relevant departments is obtained, then the purchase contract is valid, of course, this situation is more special, it is difficult to exist in large numbers in real life;
Do not affect the local urban planning: at present, with the rapid development of urbanization, many rural areas are facing the problem of demolition, if you want to buy a small property right house, it is best to understand the local urban planning first, without affecting the local urban planning on the premise, carefully buy a small property right house, otherwise it may be demolished just after buying.
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Small property rights come with unavoidable risks.
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Hello, is the small property right you are talking about 40 years of property rights? Or do you not go through all the relevant procedures such as the real estate certificate? If it is a 40-year property right, you don't have to worry, after 40 years, it will be the same treatment as demolition, and the subsidy you will be given after 40 years is not much different from the money when you bought a house, maybe more!
If the formalities are not in order, the problem is not too big, and there will definitely be an explanation in general.
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