Is it true that in 2017 for a house with small property rights, even if there is no title certificat

Generally speaking, "small property right house" is a house built on collective land, and according to the current policy, ** is generally not supported, and the property right certificate that can issue this kind of house can only be issued at the township level and village level, so it is "township property right house", also called "small property right house". The so-called small property rights issued by the township ** actually have 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. From the point of view, the township property is cheaper than the ordinary commercial housing, only 40% 60% of the commercial housing in the same location; From the perspective of housing form, it is the same as an ordinary residence; From the perspective of construction procedures, it belongs to the reconstruction of old villages or the construction of new villages, and there is no approval and management of the urban planning and construction committee management departments, and there is no supervision and inspection of the construction process. According to China's current laws, this kind of land can only be used for agricultural production or as a farmer's homestead, and the land use right may not be assigned, transferred or leased for non-agricultural construction.

Small-property houses have property rights, which is different from illegal buildings without property rights.

Those who do not have a title deed are not necessarily small property owners. 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".

1. What does a small intellectual property house mean?

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 right certificate is not issued by the national housing management department, but by the township ** or village **, also known as'Township property'。'Small property rights'It 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.

Second, can a small property right house be converted into a large property right house?

It is not possible to convert a small property into a large property.

Small property rights housing refers to the construction of a round cover of the house on the rural collective land, without the relevant documents, and without paying the land transfer fee and other fees, the property right certificate is not issued by the state housing management department, but by the township ** or village committee, also called "township property right house".

"Small property right house" is not a legal concept, but a customary name formed by people in social practice. Because it does not have a land use certificate and pre-sale permit issued by the state, the purchase contract will not be filed with the Land and Housing Administration, so it is not a real legal and valid property right certificate.

Large property right house is the relative word of "small property right house", that is, the buyer has both the "house ownership certificate" and the "land use right certificate". Second-hand housing transactions can be legally carried out, and they have the legal right to use the land occupied by the house.

Large property rights have four complete rights: possession, use, income and disposal.

Therefore, "small property rights" are actually "township property rights" and "collective property rights", which do not really constitute property rights in the strict legal sense. To put it more bluntly, "small property rights houses" are houses built on collective land or built by farmers themselves in the name of new rural construction by some village collective organizations or developers.

According to China's land policy, at present, it is impossible to convert small property rights into large property rights.

3. Whether the contract for the sale and purchase of a house with small property rights is valid.

The contract for the sale and purchase of second-hand houses with small property rights is invalid, and the small property rights house is a house without property rights, which cannot be transferred or inherited, and the signed contract for the sale and purchase of small property rights houses is an invalid contract and is not protected by law. Small property rights refer to the houses built on the collective land of farmers, and the land transfer fee and other fees have not been paid, and the property right certificate is not issued by the national housing management department, but by the township ** or village committee.

Article 7 of the Full Judicial Interpretation of the Housing Sales Contract stipulates that the demolition party and the person being demolished shall enter into a compensation and resettlement agreement for demolition and relocation in accordance with the form of ownership exchange, clearly stipulating that the demolition party shall compensate and resettle the demolished person with a house with a specific location and purpose, and if the demolition party sells the compensation and resettlement house to a third party, the request of the demolished person to obtain the compensation and resettlement house in priority shall be supported. Where the person being demolished requests that the demolition compensation and resettlement agreement be terminated, it is to be handled in accordance with the provisions of article 8 of this interpretation.

Legal analysis: If you don't have a real estate certificate, it is not necessarily a small property. Small property rights refer to houses built on rural 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.

Specifically, whether a small property right house can receive compensation for demolition and resettlement in the process of demolition and relocation is divided into two different situations:

1. The nature of a small property right house is that it belongs to a house that has fulfilled the approval procedures, but the collective economic organization has expanded the sales object without authorization in the process of relocating the collective people. In this case, compensation can be obtained in the event of demolition.

2. The small property right house is an illegal building, and no compensation will be made for this situation.

Legal basis: Article 48 of the Land Management Law of the People's Republic of China Fair and reasonable compensation shall be given for land expropriation to ensure that the original living standards of land-expropriated farmers are not reduced and their long-term livelihood is guaranteed.

Land expropriation shall, in accordance with the law, timely and full payment of land compensation, resettlement subsidies and compensation for rural villagers' houses, other above-ground attachments and seedlings, and arrange social security expenses for land-expropriated farmers.

The standards for land compensation and resettlement subsidies for the expropriation of agricultural land shall be determined by the provinces, autonomous regions and municipalities directly under the Central Government through the formulation and publication of comprehensive land prices for the districts. The formulation of comprehensive land prices for areas shall comprehensively consider factors such as the original use of land, land resource conditions, land output value, land location, land supply and demand, population, and economic and social development level, and shall be adjusted or re-published at least once every three years.

The compensation standards for expropriation of land other than agricultural land, above-ground attachments and seedlings shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government. Rural villagers' houses shall be compensated first and then relocated, and their living conditions improved, and the wishes of rural villagers shall be respected, and fair and reasonable compensation shall be given by means such as rearranging homestead land for construction, providing resettlement housing, or monetary compensation, and compensation shall be made for relocation and temporary resettlement expenses caused by expropriation, so as to protect rural villagers' right to live and lawful rights and interests in housing property.

Local people at or above the county level shall include land-expropriated farmers in the corresponding social security systems such as old-age pensions. The social security expenses of land-expropriated farmers are mainly used for social insurance payment subsidies such as pension insurance for eligible land-expropriated farmers. Measures for the collection, management and use of social security expenses for land-expropriated farmers shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government.

The compensation for the demolition of a small property that is a legal building is not necessarily lower than that for a licensed house, but there may be no compensation for a small property right Kaiqiao house that does not comply with the law at the time of demolition, is an illegal construction, and has exceeded the approved period.

[Legal basis].Article 24 of the Regulations on the Expropriation and Compensation of Houses on State-owned Land.

The people's governments at the municipal and county levels and their relevant departments shall strengthen the supervision and management of construction activities in accordance with the law, and deal with construction in violation of urban and rural planning in accordance with law. Before the people at the municipal and county levels make a decision on housing expropriation, they shall organize relevant departments to investigate, identify and deal with unregistered key buildings within the scope of expropriation in accordance with the law. Compensation shall be given to those identified as legal buildings and temporary structures that have not exceeded the approved period; No compensation shall be given to those that are found to be illegal constructions and temporary buildings that exceed the approval period.

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.

If you don't have a title certificate, it must be a small property right house?

There is no real estate certificate is not necessarily a small property right house, small property right house refers to the house built on rural collective land, 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 **, also known as "township property right house".

How to determine whether the small property right is illegal or not.

Small-scale property rights are also legally constructed after approval and approval by the construction department, but three conditions must be met:

First of all: it must be organized in the village of Juyan, with the village committee as the front, and in the form of collective interests; If it is operated by the developer, it is illegal, but at present, it is operated like this, the village comes forward to approve, the village transfers land privately, etc., and the developer builds houses and sells and benefits.

Secondly: the construction land is built on collective land, and the land is collectively owned by all the villagers in the village; However, the village was transferred to the developer for a fee, and the village committee became the land lord in disguise.

Finally, the purchaser and the owner must be owned by the members of the collective, so it can be confirmed that the interests of those who are not purchased by the members of the village and the collective will be damaged.

How to compensate for demolition and relocation.

In practice, if a legally built small property right house is included in the scope of expropriation and demolition in accordance with the law, regardless of whether it has been transacted or not, it can obtain corresponding compensation.

Specifically, when a small property right house is demolished, it can be requested to resettle the residential house, and at the same time, compensation such as relocation subsidies and decoration compensation can be provided.

In addition, according to the scope of jujube disturbance compensation, the calculation standard of house demolition compensation is as follows:

1. Calculation standard of compensation for house demolition.

1) Monetary compensation for house demolition = legally owned property appraisal** + agreed compensation amount for house decoration and decoration (or compensation amount for house decoration and decoration determined by assessment).

2) The difference in compensation for house demolition = assessment of legally owned real estate** + agreed compensation amount for house decoration or compensation amount for house decoration and decoration determined by assessment) - assessment of the house where the property rights are exchanged by the demolished person**.

2. Calculation standard for housing demolition and resettlement fees.

Demolition and resettlement fee for the house of the demolished person = relocation subsidy + temporary resettlement subsidy if no swing house is provided + temporary resettlement subsidy beyond the transition period + compensation for losses caused by the suspension of production and business of non-residential houses.