Can you buy a house with small property rights and is it protected by law?

Houses with small titles can be purchased but not traded. In the case of a small property right house without paying the land transfer fee and other fees, it is impossible to apply for relevant documents, and in the case of no real estate certificate, although the two parties can sign a sales contract, there is a great risk due to the inability to go through the registration procedures, so it is recommended not to buy.

According to 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. According to Article 209 of the Civil Code, which came into effect on January 1, 2021, the creation, alteration, transfer and termination of real estate rights shall take effect upon registration in accordance with the law; Without registration, it shall not take effect, unless otherwise provided by law. The ownership of natural resources that belong to the State in accordance with the law may not be registered.

Article 215 stipulates that unless otherwise provided by law or otherwise agreed by the parties, a contract between the parties relating to the creation, modification, transfer and extinction of real estate rights shall take effect upon the conclusion of the contract. If the property right is not registered, the validity of the contract shall not be affected.

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.

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.

Hello dear, you can buy a house with a small title, but the legal protection may be different. Under the Housing Title Act, owners of small property owners have fewer rights than owners of large property and receive correspondingly less legal protection. Legal Analysis:

According to Article 26 of the Property Law of the People's Republic of China, the State protects the ownership of houses legally owned by citizens. Therefore, small property rights are also given legal protection. In addition, according to Article 30 of the Construction Law of the People's Republic of China, the ownership of a building can be transferred through sale, auction, gift or other legal means.

Therefore, a small title house can also be transferred through legal means such as buying and selling. In short, a small property can be bought and is also protected by law.

Since small property rights are not legal, they will not be protected by law. A small property is actually a house built on collective land in the countryside. However, as for the house that was built, there were no construction procedures and no land use procedures.

The concept of small property rights in small property is not a legal concept. There is only a difference between legal and illegal property rights in law, and there is no difference between large and small property rights. In general, the issuance of certificates for small property rights is not handled by the Land and Resources Bureau or the Real Estate Registration Center, but by the village committee.

Township ** issue property rights. Some are called township property rights, and some are called village property rights. So what about these houses, they are all illegal in the course of the transaction.

Because he doesn't exist. Legal or legal property rights.

Therefore, since the small property right house is not a legal formality, then the house built cannot be registered as real estate in the later stage. It has no real market transaction value. It is also illegal to be the subject matter of a contract.

However, because the house is built, it has a certain value of use. Therefore, in the course of the transaction, the small property is basically provided to the buyer in the form of rent and sale. For example.

The term of the lease is 30 years, 50 years or permanent.

From the perspective of housing construction management, small property rights have not obtained construction approval procedures, nor have they obtained land use approval procedures. Therefore, he violated the real estate management law and land management law of our country. In this sense, small property rights are illegal construction.

In terms of the efficiency of contract sales. Since the small property right house is an illegal construction, the small property right house is the subject of the contract, because the sale and purchase of the small property right house violates the mandatory provisions of the contract law, so the contract is invalid.

However, according to the provisions of Articles 1 and 2 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Cases Involving Disputes over Urban Housing Lease Contracts. Where a construction project planning permit is obtained before the conclusion of the first-instance court's debate or construction is approved by the competent department, the people's court shall find it valid. In practice, most of the transactions of small property rights are in the form of renting and selling.

Among the leased and consignment agreements, some stipulate that the lease term is 20 years, some are 30 years, some are 50 years, and some even are permanent.

Well in this case. Small-scale property rights are used as the subject matter of lease. Because of the violation, the court did not confirm the validity of the lease agreement.

However, if the lessee files a lawsuit with the people's court to confirm the invalidity of the contract on the grounds that the subject matter of the lease is illegal. The court also did not support it, because it knew that if the lessee confirmed that the contract was void, the purpose was to avoid paying the rent. Therefore, if the lessor demands rent from the lessee on the grounds of the lease agreement, the court will not support the rent, but the court will order the lessee to bear the cost of using the house.

You can buy a house with a small title, but it is not protected by law. Because small property rights do not have real estate certificates, they cannot be transferred, and the legal rights and interests of the buyer are not protected. The State implements a unified registration system for immovable property.

The creation, alteration, transfer and extinction of immovable property rights shall take effect upon registration in accordance with law; Without registration, it will not be effective. "Small property right house" is not a legal concept, but a conventional title formed by people in social practice. At present, the so-called "small property right house", also known as "township property right house", refers to the real estate issued by the township ** rather than the state.

Civil Code of the People's Republic of China

Article 209.

The creation, alteration, transfer and extinction of immovable property rights shall take effect upon registration in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law.

The ownership of natural resources that belong to the State in accordance with the law may not be registered. Article 210 The registration of immovable property shall be handled by the registration authority at the place where the immovable property is located.

The State implements a unified registration system for immovable property. The scope of unified registration, registration bodies, and registration methods shall be prescribed by laws and administrative regulations.

Summary. Hello, glad to answer for you. A small property can be bought, but it is not protected by law.

Although there are some legal risks associated with small ownership, there are certain protections that can be provided to the purchase of a small ownership property in some cases. In some areas, policies are put in place to identify and manage small property rights, and to give buyers a certain degree of legal protection. In addition, if a contract has been signed at the time of purchase of a small property, and the contract complies with the law, the purchaser can also enjoy certain legal rights.

There are still certain legal risks associated with buying a small property, so it is recommended that buyers seek professional advice before purchasing.

Hello, glad to answer for you. A small property can be bought, but it is not protected by law. Although there are some legal risks associated with small ownership, there are certain protections that can be provided to the purchase of a small ownership property in some cases.

In a certain area, ** will formulate relevant policies to identify and manage small property rights, and give buyers a certain degree of legal protection. In addition, if a contract has been signed at the time of purchase of a small property, and the contract complies with the law of Zhiqindan, then the purchaser can also enjoy certain legal rights. There are still certain legal risks associated with the purchase of a property that is a small property disturbance, so it is recommended that the purchaser seek professional advice before purchasing.

When buying a small property right house, you need to pay attention to: understand the local policies and regulations, check the ownership certificate of the silver house, confirm the land use right, and verify the developer's qualifications. Bent nucleus.

Summary. Hello, small property rights can not be bought. Not protected by law.

Generally speaking, small property rights cannot be bought, and small property rights are houses that cannot be traded externally, and foreign transactions are not protected by law. You don't get the legal property after you pay for the house, and you can't be sure of the ownership of the house. Therefore, the small property you buy cannot be publicly transferred or mortgaged.

In the case of house demolition, compensation cannot be received in accordance with the law. <>

Hello, a small property house can not be bought by a hungry orange. Not protected by law. Generally speaking, small property rights cannot be bought, and small property rights belong to housing groups that cannot be traded externally, and foreign property rights are not protected by law.

You don't get the legal property after you pay for the house, and you can't be sure of the ownership of the house. Therefore, the small property you buy cannot be publicly transferred or mortgaged. In the case of house demolition, compensation cannot be received in accordance with the law.

Hello, there are the following risks in buying a small property right house: 1. The property right is incomplete. In accordance with the relevant laws and regulations, even if you buy a small property right house, you should also pay attention to the fact that the sales contract of the small property right house is an invalid contract and is not protected by the Contract Law.

Strictly speaking, small property rights are essentially no property rights. 2. It is difficult to trade again. Because there is no real estate title certificate and the transfer of property rights cannot be completed, the purchaser of a small property right house can sign a house sale agreement with other people again, which will become a situation where one house is sold for many purposes, and the interests of the third party will not be guaranteed.

3. It is difficult to compensate for demolition and relocationOnce there is a policy plan for small property rights, for example, in the event of house demolition, the homeowner can only get little or no relevant compensation, and it is even difficult to obtain compensation. 4. Unable to inherit, even if the successor temporarily obtains the right to occupy and use the house, it will not be protected by law and may be easily deprived at any time. The sedan <>

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The process of transferring the hukou is as follows:

1. Apply to the police station where you move in;

2. The police station at the place of relocation agrees to move in;

3. Submit an application to the police station where the current household registration is located;

4. The police station where the household registration is located will issue a household registration certificate;

5. Go to the Household Affairs Section of the Municipal Public Security Bureau at the place of relocation with the household registration certificate and relevant supporting materials to apply for moving in;

6. The Household Affairs Division issues a permit for relocation;

7. Hold a permit to relocate and issue a relocation permit;

8. Go to the police station where you move in with your migration certificate and ID card. The procedures required for moving your hukou vary depending on the reason for the transfer. In general, it mainly includes, proof of employment, household registration book and ID card of the migrant, application form for moving into the place of household registration, personal pension insurance paid-in information sheet, printing period in different places to seek different forms, real estate certificate, housing bureau printing, academic certificate, real estate certificate, file filing certificate issued by the archive agency, application for moving into the public security organ relocation contact letter, household registration certificate of the public security organ where the household registration is located, if there are children, birth certificate.

Depending on the reason, the proof is different, you can consult the local police station in advance.

Regulations of the People's Republic of China on Household Registration Article 10 When a citizen moves out of the jurisdiction of his or her household registration, he or the head of the household shall report to the household registration authority before moving out, obtain a certificate of relocation and cancel his or her household registration. Citizens moving from rural areas to urban areas must apply to the household registration authorities of their permanent residence for moving out with a certificate of employment from the urban labor department, a certificate of admission to a school, or a certificate of permission to move in from the urban household registration authority. Citizens moving to border areas must obtain the approval of the public security organs of the county, city, or municipal district where they habitually reside.

Do I have to go back in person if I move out of my household registration?

To go through the procedures for permission to move in, I can not go on my behalf, but I should hold and prepare all the documents and supporting materials that need to be provided, and if necessary, I need to provide a power of attorney. To go through the procedures for moving out of the household registration, you can do it on your behalf if you don't go, and the agent should be an adult among the members of the original household, and you need to provide the certificate of permission to move in, the residence booklet, and the resident ID card, and the police station at the place of relocation will issue a certificate of household registration after reviewing and complying with the requirements. To go through the procedures for moving in, it is best to go in person, because the permanent resident registration form printed when entering the household requires you to confirm and sign the content of the project, and collect my portrait ** into the system on the spot, and others cannot replace it.

In this link, it is necessary to bring the certificate of permission to move in, the retention copy of the place of relocation, the household registration migration certificate, the ID card, and the household registration book of the resident to be registered.