Can I get a title deed for a small property right house I bought? 10

At present, there is no standardized definition of "small property right house", which usually refers to the houses built by rural collective economic organizations on the land of village collectives and sold to the public. Small-property rights are not commercial houses, so the purchaser of small-property rights cannot be effectively protected by law, but constitutes a violation of the law.

1. Article 65 of the Regulations on the Administration of Shidi.

Paragraphs 3 and 4 prohibit the development and construction of commercial housing on collectively owned land. Villagers are prohibited from transferring the dwellings built on the homestead to urban residents**; Urban residents are prohibited from purchasing rural homesteads.

2. Notice of the General Office on Strictly Implementing the Laws and Policies on Rural Collective Construction Land (Guo Ban Fa 2007 No. 71), rural residential land can only be allocated to the villagers, and urban residents are not allowed to purchase homesteads, peasant houses or "small property rights houses" in rural areas.

3. In accordance with the law, the sale of commercial housing shall have a construction land planning permit, a construction project planning permit, a construction project construction permit and a commercial housing sales license. Suspected illegal use of collectively owned land without the approval of the administrative department of small property rights; Suspected illegal construction of small property rights houses without construction land planning permits and construction project planning permits; The small property right house has not obtained the commercial housing sales license, so it cannot apply for the "People's Republic of China Housing Ownership Certificate".

Can I get a real estate certificate for a small property right house?

The so-called small property rights houses are mainly houses that have not purchased the right to use the land, and are divided into: unit housing reform, collective self-built housing, affordable housing, two-limit housing, etc., and the land of these houses is allocated or allocated by the state to units and localities for free use. I don't know what kind of small property right house you are talking about, some can apply for real estate certificates like housing reform, affordable housing, and two-limit housing, and self-built houses on collective land can't be done now.

It's okay to live on your own, but it's more difficult to transfer. Good luck!

The service life of the small property right house is 40 years, the land is allocated, and the place is used free of charge. The service life of commercial housing is 70 years, and the land use right is transferred, that is, the land use right obtained by the developer with money.

If the developer has filed with the tax bureau, it can apply for the property right certificate. (There should be a house sales contract and invoice in hand).

does not affect the transfer. What risks will be encountered in the future will depend on how the national policy decides.

Legal analysis: small property rights cannot be used for real estate certificates. If an urban resident purchases a house with small property rights in a rural area, it is illegal to use the land, and the housing registration authority cannot register and issue a certificate for it.

The agreement for the sale and purchase of the house signed by the buyer is also invalid, and the buyer can claim compensation from the seller.

Legal basis: Civil Code of the People's Republic of China

Article 209 The creation, alteration, transfer and extinction of real estate 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 214 Where the creation, alteration, transfer or extinction of real estate rights shall be registered in accordance with the provisions of law, they shall take effect when they are recorded in the real estate register.

Article 215:Unless otherwise provided by law or otherwise agreed by the parties, a contract concluded between the parties concerning the creation, modification, transfer or 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.

Legal analysis: small property rights houses cannot apply for real estate certificates. Small property rights refer to houses built on farmers' collective land, without paying land transfer fees and other fees, and their property rights certificates are not issued by the state 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 commercial housing, let alone have a real estate certificate.

Legal basis: "Several Opinions on the Registration and Issuance of Certificates for the Confirmation of Rural Collective Land Rights" Article 1 The registration and issuance of certificates for the confirmation of rural collective land ownership and collective land use rights is the registration and issuance of certificates for the confirmation of land rights such as rural collective land ownership and collective land use rights. The land use rights of rural collectives include the right to use homestead land and the right to use collective construction land.

Legal analysis: small property rights houses cannot apply for real estate certificates.

Legal basis: Article 8 of the Land Management Law of the People's Republic of China 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: Land owned by peasant collectives belongs to village peasant collectives in accordance with law, and is to be operated and managed by village collective economic organizations or villagers' committees; Where peasant collectives are already owned by two or more rural collective economic organizations in the village, they are to be operated and managed by each of the rural collective economic organizations or villagers' groups in the village.