I found a lot of small property rights houses of several thousand square meters nearby, can I buy th

Small-scale houses can only be sold to residents with a household registration in their own village.

Residents who are not residents of this village cannot buy it. If you buy a small property, it is also invalid in the legal sense.

The homestead of a small property right house is owned by the village collective, and the small property right house cannot apply for the real estate certificate issued by the real estate bureau without the state-owned land use certificate issued by the local land and resources bureau.

The difference between a small property and a large property.

1. Small property rights.

1. The real estate certificate of the small property right house is issued by the township **, and the employees do not have actual property rights.

2. If an employee wants to transfer a small property, he or she must purchase it five years before he can do so.

3. The construction land of small property rights houses is generally owned by the township ** collective, and this kind of property can only be purchased and lived in by the villagers of this township.

4. After purchasing a small property right house, if you want to transfer it again, you must pay the land transfer fee, otherwise it will not be able to be listed and traded.

Second, large property rights.

1. The real estate certificate of the large property right house is issued by the state and is recognized and accepted by the state.

2. Employees can freely transfer large property rights without time limit.

3. The land for large property rights is allocated or transferred by the state (that is, the local **), and the sales object can be anyone.

4. After purchasing a large property right house, the purchaser can freely use, ** or transfer it without paying any additional fees.

Buying a small property comes with certain risks.

1. Lack of "five certificates".

The "five certificates" are state-owned land use certificates, construction land planning permits, construction project planning permits, construction project construction permits and commercial housing pre-sale permits. 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.

In addition to not being able to apply for real estate certificates, those "cheap houses" are actually illegal buildings outside the scope of the first regulations, and if they conflict with the national plan, they are likely to be demolished, and the owners will not be compensated for demolition and resettlement.

3. The quality is difficult to guarantee.

The quality of the houses is not monitored, 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 cannot be registered with the real estate management department, so they cannot handle mortgages and other rights, and without other rights, it is equivalent to no legal pledge to mortgage to the bank, and the bank loan cannot be approved.

Whether a small property right house can be compensated in the demolition process 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 objects without authorization in the process of relocating the people of the collective. Since, according to the current laws and policies, non-members of the collective economic organization are not allowed to purchase houses built on collectively owned land, the contract of sale and purchase is null and void.

It should first be determined that the ownership of the house in question belongs to the rural collective economic organization or to the homestead user, and the benefits of compensation for demolition and resettlement can only be enjoyed by the owner, i.e., the collective economic organization and its members. Second, the small property right house is an illegal construction.

Although the house with small property rights is relatively cheap, it is not recommended to buy such a house, because the house with small property rights is indeed not guaranteed, and there is no way to apply for the real estate certificate for the small property right house. At the same time, the transaction of small property rights is not protected by national laws, so the risk of buying small property rights is indeed relatively large.

Many people may not know what is a small property right house, small property rights and what we usually call commercial housing, the biggest difference is that the nature of the land is different, most of the small property rights are directly built on the collective land, so this kind of house is often not able to apply for real estate certificates, in the purchase of the need to pay off all the house payment at one time, can not go to the bank for loans. Since there is no way to apply for a real estate certificate, if the house is to be demolished in the future, the compensation for the demolition will be relatively small. <>

Due to the special nature of the land of the small property right house, if we buy a small property right house, we do not enjoy the right to use the land, that is to say, we only have the right to live in the house. From this point of view, it is not recommended to buy this kind of house, even if the house price is relatively cheap, but the risk is indeed relatively high. <>

Because there is no way to apply for a real estate certificate, so it can not be listed and traded, so if we buy a small property right house, then there is no way in the future, the second time, even if we have a second house, then this kind of transaction will not be protected by law, once there is any loss, you can only consider yourself unlucky to bear it. <>

On the whole, there is indeed a great risk in the process of buying and selling small property rights, these houses are actually houses built on collective land by village collective organizations in the name of rural construction, and this kind of house also does not have a land use certificate and a pre-sale permit, and cannot be filed with the housing authority.

I don't think it is possible to buy it, such a house has generally not started construction, or has not obtained the corresponding housing qualification certificate, and needs to bear the corresponding risk of buying a house.

Such a house can be purchased, but it is not particularly affordable, and there will be no compensation when the house is demolished.

Although such a house is relatively cheap, it is really not recommended for everyone to buy, once there is a division of responsibilities, then it is likely that the property rights will not belong to you, and the money will be spent in vain.

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.

It is not recommended that you purchase it.

Small property rights are now more and more popular with buyers, the total price of small property rights is low, but there are also certain drawbacks, we must pay attention to its risks.

1. Lack of "five certificates".

The "five certificates" are the prerequisites for buyers to apply for real estate certificates, but the "five certificates" for small property rights are missing. For example, most of the houses with small property rights are built on collective land, so they are at least unlikely to have a certificate for the use of state-owned land. Although small property rights are popular, most of them are not recommended for buyers because they do not have the property ownership certificate, which is an important proof of the buyer's rights.

Second, it is difficult to compensate for demolition and relocation.

In addition to not being able to apply for a real estate certificate, because the small property rights house itself is not allowed by law, so when facing the problem of demolition, the owner of the house has no way to get compensation.

Third, the quality is difficult to guarantee.

When developers develop small property rights, because of their low ****, they often cut corners in order to save expenses and increase profits. Such properties often have safety hazards. Moreover, after the quality of the house is problematic in the later stage, it is often not repaired in time.

There is also the problem of property after moving in.

Fourth, the supporting facilities are not perfect.

Almost none of these houses have heating, natural gas and other supporting facilities. And in the event of a dispute in the future, there may not even be water and electricity.

5. Bank loans are not allowed for small property rights.

Because you can't apply for a real estate certificate, you can't get a loan from a bank. In other words, the purchase of a small property cannot be in the form of a bank loan. Only full payment or other financing channels can be selected.

There are also many other problems, such as the lack of property rights, and there will be many troubles in the inheritance in the future. Moreover, there is even a situation where the developer is "shooting a shot to change a place", and once it is liquidated, it will not be able to fulfill its promise to evacuate immediately, and many of the troubles caused by it will be thrown on the buyers. Therefore, when buying a small property, you must be cautious.

Small property rights are affordable and cheap for those who only live in and do not sell.

There is no real estate certificate for small property rights and cannot be transferred.

You can't buy a small property.

Small-tenure housing generally refers to housing built for sale on land owned by peasant collectives in rural and suburban China. Because the land transfer fee and other fees were not paid when the land use right was transferred, this kind of housing could not obtain the property right certificate issued by the state housing management department, but was issued by the township ** or village committee, so it is also called the 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 shall not be confirmed and issued, and are not protected by law.

1. Can a small property right house be transferred?

Ownership of a small property cannot be transferred. The main reason is that it is impossible to register a small property, so it cannot be transferred. There is no land user or pre-sale permit issued by the state, so the housing authority will not record the purchase contract for the small property house.

Moreover, the title certificate of the small property right house is given by the local village committee and is not issued by the State Housing Authority, so it cannot be registered or transferred.

According to the Land Management Law of the People's Republic of China, rural homesteads are collectively owned, and villagers only have the right to use the homestead land. That is, legal procedures such as land use certificates, real estate certificates, and deed tax certificates cannot be handled. Therefore, the small property right house cannot be transferred or replaced by a third party who is not a member of the collective, and can only be transferred and replaced within the members of the village collective.

Article 2 of the Land Administration Law stipulates that the People's Republic of China shall practice socialist public ownership of land, i.e., ownership by the whole people and collective ownership by the working masses. Ownership by the whole people, i.e. ownership of state-owned land is exercised by *** on behalf of the state. No unit or individual may occupy, buy, sell, or illegally transfer land in any other form.

Land use rights may be transferred in accordance with law.

2. Is the contract for the transfer of small property rights valid?

On the issue of whether the contract for the transfer of small property rights is valid, the validity of this kind of small property rights is related to the object of the transfer of the contract, and the law clearly stipulates that with a legal property right certificate, the law stipulates that it can be transferred between the members of the collective economic organization, so the transfer contract between the collective economic organizations is valid. Although the Land Management Law and other current laws and regulations still prohibit the transfer of persons to persons outside the collective economic organization, they are not mandatory norms, and the validity of the housing sales contract cannot be confirmed on this basis.

Now people buy houses and when they have a lot of choices, and there are a lot of non-commercial houses, there is the current housing market, and for these houses, their safety and value preservation issues are to be discussed, but there are still many friends will choose to buy such a house, one is because of their good location, at the same time their house type is relatively small, ** not expensive for the family with a relatively small population to live, and the second point is that these houses usually have a certain discount, It is still very popular in the market, but it can't help but make people doubt its safety and security.

So if there is a large property right house, which is commonly known as a commercial house with property rights, their ** is 6500 yuan a square meter, and the ordinary small property right is a house without a property right certificate, about 3500 a square meter, so which one is more suitable to buy?

First of all, we should pay attention to the fact that these so-called small property rights houses are houses without property rights certificates, and they need to face great risks when buying, first of all, for these houses, we know that once the city has the task of demolition and relocation within this range, then it is likely to lead to the house that you bought at a large price, and you will not get a penny of compensation, and you must also find the next place to live quickly, otherwise you will become a homeless. And ordinary large property rights are regular commercial houses do not have to worry, even if they need to be demolished before they pay off their arrears in the future, then you can get the corresponding compensation from **.

The second is that although there is a huge disparity in **, in fact, the amount of the full purchase of these small property rights can almost pay the down payment of large property rights, so from the perspective of security, it must be better for large property rights, most of these small property rights are ** temporary settlement, some of the houses used by the public, most of them are in the older urban areas, and there are no advanced property facilities and corresponding security measures, so if there are thieves or outsiders flowing into the community, it is very dangerous.

There is also a problem that these small property rights are actually not recognized from the legal point of view, so they can neither be rented nor **, so if your job is transferred, or you want to go to school in other places and some other affairs, it will be very numb, this house can only be idle in the local area, and it may be demolished at any time due to ** requirements, so it is important to think carefully before buying, unless it is transferred by relatives to live temporarily for yourself, otherwise in the case of spending money to buy, It's better to think carefully.