What do you need to apply for a small property ownership certificate?

"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.

Small-tenure housing generally refers to housing built for sale on land owned by peasant collectives in rural and suburban China. Because the collective land is not paid for land transfer fees and other fees when the right to use the land is transferred, 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.

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.

On November 22, 2013, the Ministry of Land and Resources and the Ministry of Housing and Urban-Rural Development issued an emergency notice, requiring a comprehensive and correct understanding of the measures taken by the Third Plenary Session of the 18th Central Committee on the establishment of a unified urban and rural construction land market, strict implementation of the overall land use plan and urban and rural construction plan, strict implementation of the land use control system, strict adherence to the red line of cultivated land, and resolutely curb the behavior of "small property rights" under construction and for sale.

Hello, now there is no national policy on the legalization of small property rights, although small property rights are blooming everywhere.

At present, small property rights are not protected by law. **Will not apply for a real estate certificate for a small property right house.

As long as the small property right house does not belong to the demolition area, there is no problem to live in, but it may be difficult to buy and sell. Hope.

You can go to the Shenzhen small property rights group buying network to find out.

It is not possible to apply for a property right certificate for a small property right house, so there are no materials required for processing. 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 national housing management department, but by the township or village committee. There are many restrictions on the circulation and transfer of small property rights, 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 a commercial house, and there will be no real estate certificate.

Risks of small property transactions.

1. The lack of "five certificates" for small property rights:

If you don't have the "five certificates", you can't apply for the 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 the ** regulations on the Hunger Bridge are likely to be demolished if they conflict with the national plan, 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. If the small property right house cannot be repaid, the loan will be fiercely mortgaged

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.

Small property rights cannot directly apply for the real estate certificate, and the real estate certificate can only be obtained through the transfer.

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.

2. There is no real estate certificate issued by the state for small property rights, and the property right certificate issued by the village committee or the township is invalid and is not recognized in law. Since there is no state-recognized property certificate for small ownership houses, they do not have the right to transfer ownership.

3. If the first or legal developer expropriates the land occupied by the small property right property, the small property owner can only get little or no relevant compensation. Because the land occupied by the small property right belongs to the local village committee or township, the compensation will be directly allocated to the local village committee or township.

Small-property properties cannot be deed. Small property rights house refers to the construction of houses on the collective land of farmers, without paying land transfer fees and other fees, and its property right certificate is not issued by the state housing management department but by the township ** or village committee, and does not have real property rights, so it cannot handle the real property ownership certificate.

[Legal basis].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 209 of the Civil Code.

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.

Small property rights can not apply for the real estate certificate, small property rights house refers to the construction of houses on the collective land of farmers, without paying land transfer fees and other fees, the property right certificate is not issued by the national housing management department, but issued by the township ** or village committee, does not have real property rights so can not handle the real real estate certificate. Article 209 of the Civil Code of the People's Republic of China, the creation, alteration, transfer and extinction of immovable property rights shall take effect upon registration in accordance with law; It shall not take effect without registration, except as otherwise provided by law. The ownership of natural resources that belong to the state in accordance with the law may not be registered.

The sale and purchase of houses with small property rights is not protected by law, and houses with small property rights are houses on rural collective land, which can only be circulated and traded by collective members in the village, and cannot receive real estate ownership certificates or be registered, so their transactions and transactions are illegal and of course not protected by law. According to Article 9 of the Land Management Law, the land in urban areas belongs to the state. 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 10 stipulates that state-owned land and land owned by peasant collectives may be designated for use by units or individuals in accordance with the law. Units and individuals using land have the obligation to protect, manage, and rationally use land. , the house has no useful life.

However, the term of use of the land used for residential construction occupied by the construction of a small property is 70 years. If the term of the right to use land for residential construction expires, it shall be automatically renewed. The payment or reduction of renewal fees shall be handled in accordance with the provisions of laws and administrative regulations.

Article 359 of the Civil Code provides that if the term of the right to use land for residential construction expires, it shall be automatically renewed. The payment or reduction of renewal fees shall be handled in accordance with the provisions of laws and administrative regulations. The renewal of the right to use land for non-residential construction after the expiration of the term shall be handled in accordance with the provisions of law.

If there is an agreement on the ownership of houses and other immovable property on the land, it shall be in accordance with the agreement; Where there is no agreement or the agreement is not clear, it is to be handled in accordance with the provisions of laws and administrative regulations.

Law of the People's Republic of China on the Management of Urban Real Estate

Article 61.

If a house is built on the land for real estate development obtained in accordance with the law, it shall apply for registration with the local people's real estate management department at or above the county level with the land use right certificate, and the local people's real estate management department at or above the county level shall verify and issue a house ownership certificate.

Where the law provides otherwise, it is to be handled in accordance with the provisions of the relevant laws.

Small property rights cannot directly apply for the real estate certificate, and the real estate certificate can only be obtained through the transfer.

The specific process of applying for the real estate certificate is as follows:

1. The developer of small property right housing shall pay a certain amount of land transfer fee to the Land Management Bureau according to the approval of the building and the urban filling and planning permit, and change the collective land into state-owned land.

2. Builders who talk about small property rights pay 4 percent of the construction tax to the local taxation department.

3. According to the changed state-owned land use certificate and the building environmental tax bill, the building approval, and the urban planning permit for the cracked town, go to the housing management department to apply for the general housing certificate.

4. The house buyer shall pay the deed tax to the financial department (Rural Finance and Taxation and Rural Finance Administration) with the general certificate of the house, the transfer form of the property right of the house, and the copies of the ID cards of both the seller and the buyer.

5. Pay all taxes on housing sales to the local taxation department.

6. Go through the formalities of real estate rights with the above procedures and the tax bills or tax reduction certificates paid to the housing management department.