Small property right house blockchain
what is a small property right house? Small property right house is a kind of common practice in people's social practice, which is not protected by law. It is a property right certificate issued by the township government rather than the state. In many places, small property right house is also called "rural property right house" and "collective property right". Let's take a look at the specific content
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first, what is small property house
"small property house" background, in fact, with the recent surge of "unit fund-raising housing", "indivial cooperation housing" and so on, is also the inevitable result of more and more people can not afford to buy houses under high housing prices. It is an undeniable fact that the house price has been "adjusted" higher and higher in recent years. In the nine years of "housing reform", the average housing area obtained by urban residents through "housing reform" is less and less, and the number of families with their own houses in cities is also less and less (see the article "ten criticisms of China's real estate" for details). Housing has become one of the "new three mountains"
housing is the need of human survival and a basic right; For the Chinese, "home ownership" and "living and working in peace and contentment" are cultural traditions handed down for thousands of years. If there are residences, there will be safety, and if there are properties, there will be peace. Therefore, when one of their most basic rights and interests - housing welfare is not guaranteed, all kinds of "innovation" become inevitable - many people are willing to take the great risk of confiscating and demolishing the "empty property" and "take the risk" to buy "small property"
Second, the risk of purchasing small property right house
first, according to the risk warning of purchasing house issued by Beijing Municipal Construction Commission, the house with "use right", "township property right" and "small property right" has no property right protection, does not have the right of ownership, transfer, disposal, income, and can not handle the transfer proceres of house property right
Second, there is no national property right certificate for "township delivery room" and "village delivery room" in small property rights, but only the property right certificate given by township government or village committee, which can not be mortgaged and transferred like houses with large property rights. In case of land acquisition or demolition by the state, it will be difficult to guarantee the interests of buyers. The house purchase contract signed by both parties is not a formal house purchase contract recognized by law. If there is a real estate dispute, there is a lack of legal support
Third, the purchase of small property houses such as rural property rights can not handle loans, only one-time or installment payment, which will increase the financial pressure of buyers and increase the purchase risk P>
three, the latest policy of small property rights housing
, "opinions on registration and certification of rural collective land" clearly stipulates that "to reform the registered residence system or to pass the" village to house "without authorization, the collective land should be converted into state-owned land. Rural collective economic organizations illegally sell or lease collective land for non-agricultural construction, urban residents purchase homestead in rural areas, farmers' houses or "small property houses" and other illegal land use shall not register and issue certificates. For those who fail to register and issue certificates or regulate the register according to the law and regulations and cause serious consequences, the relevant personnel shall be seriously investigated for responsibility. "
according to China's land management law, the right to use the land collectively owned by farmers shall not be transferred, transferred or leased for non-agricultural construction. The rural homestead is owned by the collective, and the villagers only have the right to use the homestead. The buying and selling behavior of villagers selling houses to people outside the village can not be recognized and protected by law, and they can not go through the legal proceres such as land use certificate, house property certificate, deed tax certificate, etc
it can be seen that the small property right house can not be transferred or sold to a third person who is not a member of the collective, and its property right is incomplete, so the purchase of small property right house is likely to cause a series of problems and risks in the future
the above is the what is a small property right room introced by Xiaobian. I hope it can help you. For more information about small property right house, please continue to pay attention to the decoration of Tuba rabbit school
I. small property right house: 1. The house property certificate of small property right house is issued by the township government, and the indivial has no actual property right. 2. If an indivial wants to transfer a small property right house, he must purchase it for five years. 3. The construction land of small property right houses is generally owned by the township government, and this kind of property can only be purchased and lived by the villagers in this township. 4. After the purchase of small property houses, if they want to transfer again, they must pay the land transfer fee, otherwise they will not be able to trade on the market. 2、 Big property house: 1. The house property certificate of big property house is issued by the state and recognized and accepted by the state. 2. Employees can freely sell or transfer large property right houses without time limit. 3. The land of big property house is allocated or transferred by the state (that is, the local government), and the sales object can be anyone. 4. After purchasing a large property right house, the buyer is free to use, sell or transfer it without paying any additional fees
According to the provisions of Article 8 of the land administration law of the people's Republic of China, the land in rural and suburban areas, except for those owned by the state as stipulated by law, belongs to the collective ownership of farmers, and the homestead, private plots and private hills belong to the collective ownership of farmers
small property right houses usually refer to the houses built for sale on the land collectively owned by farmers in rural and suburban areas of China. Due to the fact that the collective land does not pay the land transfer fee and other fees when transferring the use right, this kind of housing can not get the property right certificate issued by the national housing management department, but is issued by the township government or the village committee, so it is also called the township property right housing
"Small property house" is not a legal concept, but a conventional term formed in social practice. There is no land use license and pre-sale license issued by the state, and the purchase contract will not be recorded in the Bureau of land and housing. The so-called property right certificate is not a real legal and effective property right certificatethe emergence of small property right houses is closely related to the soaring urban house prices, which has become the focus of social attention, and it also started from 2007, when house prices rose rapidly. According to the relevant requirements of the state, "small property house" is not allowed to confirm the right and issue certificates, and is not protected by law
in December 2013, Beijing Municipal Bureau of land and resources and Beijing Municipal Commission of housing and urban rural development jointly issued a relevant notice to resolutely curb the illegal construction and sale of "small property right houses"
what is the latest policy of small property right housing
compared with commercial housing, it is much cheaper to buy small property right housing, so many buyers want to buy small property right housing. Before buying a house, buyers should first understand the purchase policy, "opinions on the registration and certification of rural collective land ownership" recently released, which defines the major policy issues related to the work. Not long ago, the Ministry of land and resources held a ventilation meeting and said that it would strive to basically complete the registration and certification of rural collective land by the end of next year, and clearly formulate the latest policy of small property houses, which should not be registered. At present, 70% - 80% of the rural collective land ownership registration has been completed
What are the risks of buying a small property right house< There are great differences between small property right houses and ordinary commercial houses, and the most obvious one is that small property right houses do not have land certificate and house property certificate issued by the state. But in the process of housing transaction or mortgage, property right certificate is a must. But the small property right house does not have the related certificate, even if has also is the village committee or the township government issues, the law does not approve< No bank loan and mortgage loan can be made.
because the house with small property right has no land certificate, house property certificate and complete property right, the buyer can only buy it in full when purchasing, and the bank does not give loan. It's not just that you can't get a loan when you buy a house. Even after you buy a house, you can't mortgage it to the bank for a loan< 3. It's difficult to deal with small property right houses.
for people who buy their own houses, it may be cheaper to buy small property right houses, but it's more difficult to sell them again. Because the house with small property rights can not complete the property right transfer without the house property certificate, the buyer of the house with small property rights can sign the house sale agreement with other people again, so as to achieve the purpose of one house two sales or more sales, and the interests of the third party will not be guaranteed
4. It is difficult to get compensation for demolition
with today's urban development and change, more and more places will be faced with house demolition. However, if the house of the buyer is a small property right house, it is difficult to get compensation for demolition even after demolition, so the buyer is likely to fall into the embarrassing situation of "losing both money and house". Therefore, if buyers really want to buy small property right houses, it is better to buy those small property right houses that have become large-scale, at least they will not be easily demolished< If the buyer wants to solve the problem of Hukou, he should not buy the house with small property right, because the house with small property right can't handle the hukou, and the buyer can't get free medical care and compulsory ecation resources< 6. The validity of the sales contract
after purchasing a house with small property rights, the buyer can only get a house and a house sales contract, and can not go through the real estate registration. Because there is no property right registration for the small property right house, it will not proce the legal effect of property right, and the buyer can only obtain the corresponding rights based on the real estate sales contract
the above is Xiaobian's introction about the latest policy of small property right house and the risks of purchasing small property right house. We all know that there are great risks in purchasing small property right house, and there is no property certificate issued by the state for small property right house, so whether buyers want to purchase small property right house must be considered clearly, We can't blindly buy houses with small property rights because they are cheap.
A: at present, there is a kind of "small property right" housing in some urban suburbs, also known as "rural property right", which means that the housing built on rural collective land can not obtain legal certificates such as land certificate and house property certificate, can not enter the exchange to handle transfer and mortgage proceres, can not handle registration and transfer, and the ownership has no legal effect, The certificate of house property right issued by local township government departments to house buyers is symmetrical with the house ownership certificate issued by the state according to law, so it is called "small property right" for short
2. What are the characteristics of small property houses
A: small property right houses have the following characteristics: the land for small property right houses is rural collective land, including village level collective land or village group land, including farmers' homestead, cultivated land, wasteland not converted to construction land, and even basic agricultural land: this kind of land for building houses has not been approved by the land department of the people's government at the county level, The failure to obtain the land use certificate is an act prohibited by the current law
if the construction of small property right houses has not been approved by the county-level planning department or reported to the real estate administrative department for registration, the house ownership certificate recognized by the state cannot be obtained
the small property right certificate printed and sealed in the name of the township government or an institution is issued to the house buyers as the real estate certificate, which is recognized in a township, but it has no legal effect and is not protected by the national law
3. What are the risks of buying a small property right house
A: first, there is no land certificate for small property right houses. If you want to compensate for the land transfer fee, you have to pay for the land. I don't know how much to pay
Second, there is no property right certificate for small property right houses, so there is no legal protection for foreign people to live after purchase once the national policy requires cleaning up
thirdly, once the state wants to take land for the houses without property rights, the houses without legal property rights cannot be compensated for resettlement. Fourth, this kind of house can not be listed on the market transaction transfer, not transfer, mortgage
fifthly, once the house with small property rights encounters property rights disputes, contract disputes and infringement disputes, it can not fight against the third party according to law, because the house itself is not protected by law
recently, the Ministry of construction has also issued a house purchase risk warning. At present, some village collective economic organizations focus on the construction of farmers' residential buildings on the collective land of the village for the resettlement of members of the collective economic organization, but in the process of resettlement, they expand the sales targets without authorization and sell them to members outside the collective economic organization at a lower price. When non collective economic organization members purchase such houses, they will not be able to register their property rights and their legitimate rights and interests will be difficult to be protected. The "township property rights" and "small property rights" promised by some projects do not conform to the law and are not protected by law
4. What's the legal attribute of small property right house? Is it legal, can it be purchased or transferred
first of all, it should be clear that there are two kinds of small property houses: one is built on the collective construction land, that is, the house built on the "Homestead"