housing with limited property right
The State Council's "Notice on Continuing to Actively and Steadily Reform the Urban Housing System" stipulates that all public housing purchased at the market price can be owned by the buyers. The market price is also the market price or quotation of the residential market. National and local governments will not lower or raise prices, but follow the market and let buyers and sellers agree. As long as both sides can accept it, the deal can be reached. According to the market price, the owner of the house has all the right to control the house, that is, the right to possess, use, benefit and dispose of the house.
Here, all the property rights of the house and the ownership of the house are the same, but the formulation of the two is different. Compared with "partial property right", "complete property right" is meaningful.
housing with limited property right
The first kind of small property right houses: illegal buildings that occupy collective land or cultivated land and transfer farmers' collective land use rights for commercial housing development.
The second type of small property right house: an incomplete property right house with potential property right disputes that is not developed or used according to the planned function on the land allocated or sold by the government will be sold directly in the market.
The third kind of small property houses: commercial houses are developed on the land that the army has the right to use, and then sold to local residents outside the army, commonly known as "military production houses".
The country that issues the title certificate is called "big property house", and the country that does not issue the title certificate is called "small property house". There are two kinds of "small property houses" and "rural property houses": one is built on collective construction land, that is, houses built on "homestead" only belong to rural collective owners, and farmers in other villages simply cannot buy them; The other is illegal construction on land used by collective enterprises or farmland occupied.
Compared with commercial housing in the general sense, "small property right housing" has no concept of land transfer fee, and there is no crazy profit grab by developers. Therefore, the price of "small property right houses" is generally only 1/3 or even lower than that of commercial houses in the same region. "Cheap" is the fundamental reason why a large number of urban residents buy "small property houses" against property rights risks. It shows that a considerable number of farmers were unable to build their own houses at the beginning, and in order to build their own houses as soon as possible, they sold some small property houses. I built my own house almost by raising money. Although there are no warrants for the time being, a considerable number of urban residents and foreigners have bought small property houses. Not only bought a fairly cheap house to live in, but also helped farmers solve the problem of building funds to a great extent.
Urban housing prices are too high.
The most attractive place of small property houses is their price advantage, which also shows from another angle that the high housing prices in many large and medium-sized cities in China are one of the important reasons for the birth of small property houses. In 2006 and 2007, the real estate market price in China experienced a nationwide increase. According to the data released by the National Bureau of Statistics, in 2006, the national housing prices rose by an average of 5.5%. Beijing and Shenzhen are
Beijing and Shenzhen, the cities with the fastest increase in property prices, reached 10.4% and 10.0% respectively. As of June 2007, the average opening price of ordinary residential buildings in Beijing was 10280 yuan/square meter, up 20.4% from May. Although it declined slightly after 2007, it is predicted that the average real estate price in Beijing will still increase by 1 1.74% in 2007. Due to the unbalanced economic and social development in China, the housing prices in several big cities rose rapidly for a long time, far exceeding the income level of ordinary local workers at that time. At the same time, the construction of government affordable housing and low-rent housing has always been unable to meet these housing needs. There are a large number of realistic buying groups in small property houses.
Property right recognition
Many people believe that with the introduction of the property law, citizens' property rights will be fully affirmed, and rural property houses will also be recognized by law, which can eventually be transformed into legal property houses. Can township property houses be transformed into real property houses? Judging from the current relevant laws and regulations in China, there is still a lack of legal basis for the transformation of rural property houses into property houses. Judging from the concept and value orientation of land management in China, China will not let go of the circulation of collective land in the short term. Therefore, it will take a long time for rural property rights housing reform to cause property rights housing. At the same time, even if rural property houses can be transformed into property houses in the future, from the perspective of the existing land system, buyers still need to pay land transfer fees. As a result, the cost of purchasing rural property houses by property buyers is almost the same as that of purchasing commercial houses. [ 1]
The Ministry of Land and Resources once again severely pointed out that the essence of small property houses is illegal construction, which violates the land management law. Collective land cannot be used for commercial housing development, and urban residents cannot buy homesteads, peasant houses or small property houses in rural areas. Chen Xiwen, deputy director of the Office of the Central Leading Group for Finance and Economics and director of the Office of the Central Leading Group for Rural Work, made it clear that houses with small property rights are illegal and absolutely not allowed to be built again. For those consumers who have bought small property houses in rural areas, the relevant state departments are studying and formulating specific solutions.
legal risk
There are many restrictions on the circulation and transfer of rural property houses, because rural property houses only have the use nature of ordinary commercial houses and do not have the legal nature of ordinary commercial houses, so they are not commercial houses. Therefore, the relevant provisions and systems of laws and regulations on commercial housing are invalid for rural property houses, and the people's courts cannot apply the legal provisions and judicial interpretations on the sale of commercial housing to handle cases involving rural property houses, making it difficult to safeguard the rights and interests of buyers. At the same time, because the contract for purchasing rural property houses is invalid, according to the law, buyers can only ask developers to refund the purchase price and pay interest according to the bank loan interest rate for the same period. However, according to the existing cases, the people's court may not support the buyer who knows that the purchased house is still purchased by the township property right house and requests compensation for losses due to his own fault. And even if the developer breaches the contract, the buyer's rights will not be guaranteed because the contract is invalid. Because rural property houses are not recognized by law, not filed in the housing management department and not supervised by government agencies, if they encounter some housing quality problems and public facilities maintenance problems during the use of houses, their relief channels are very limited.
housing with limited property right
The most typical case is that from 65438 to 0994, painters from all over the country settled in Songzhuang, Tongzhou, and gradually formed the largest gathering place for painters in China. However, due to various reasons such as soaring housing prices, there have been cases in which farmers who sell houses sued painters for breach of trust, and so far, 13 housing lawsuits have been formed. In July 2007, Li Yulan, the painter, was the first to receive the judgment of losing the case in the first instance. The court ruled that the contract was invalid, and asked the original owner to pay 93,000 yuan compensation to Li Yulan at the appraised price. Within 90 days after the judgment came into effect, Li Yulan vacated the house. Li Yulan appealed to the Second Intermediate People's Court.
From June, 5438 to February, 2007, the Second Intermediate People's Court ruled for the first time that the contract for the sale of rural houses in "Painter Village" was invalid, but the judgment pointed out that the main responsibility for the invalidation of the contract was farmers' remorse, and Li Yulan could claim compensation separately.
policy risk
After purchasing the rural property house under construction, the purchaser signs a contract with the developer and pays the house price. If the relevant departments rectify the rural property house construction project, some projects may be stopped or even forcibly removed. Then the result can only be that the purchaser asks the developer for the purchase price, and the purchaser may face the embarrassing situation that he can neither obtain the house nor claim the house price in time. In addition, if there is land acquisition and demolition after buying a house, because the rural property right house has no legal property right recognized by the state, the purchaser is not the legal property right owner, and it is very likely that he will not get the compensation for property right demolition. As the actual user, the compensation for demolition is very small compared with the compensation for property right.
Lack of supervision
At present, there is no clear regulation on the development and construction of rural property houses, and the supervision of development and construction is also absent. However, the development of rural property houses is not supported by bank loans. In the process of development, a large number of development funds are not regulated by the government and banks, but mainly rely on the self-discipline of developers. Once there is a problem with the funds or other links of the development unit, it is very likely to become an unfinished project. If the purchase price is paid to the developer in advance without any qualification and supervision, there are great risks for the buyers, such as the safety of funds, whether the developer's funds are in place on time, and whether the house can be delivered on time according to quality. At the same time, without the qualification of developers, it is difficult to guarantee the quality of houses and the after-sales warranty of houses. And the property management after occupancy is also prone to problems.
Transfer risk
According to the Land Management Law of the People's Republic of China, the land use right collectively owned by farmers shall not be sold, transferred or leased for non-agricultural construction. Rural homestead is collectively owned, and villagers only have the right to use homestead. The sale of houses by farmers to urban residents cannot be recognized and protected by law, so it is impossible to go through legal procedures such as land use certificate, real estate license and deed tax certificate. Therefore, rural property houses cannot be transferred or sold to a third party who is not a collective member. But this does not mean that rural property houses cannot be transferred, but cannot be legally transferred after purchase. At the same time, it also has a great impact on the preservation and appreciation of houses.
Policy introduction
"Several Opinions on Registration and Certification of Rural Collective Land Confirmation" was recently released, which clarified the major policy issues related to the work. On 201116543819 October, the Ministry of Land and Resources held a briefing, saying that it would strive to basically complete the registration and certification of rural collective land ownership nationwide by the end of 20 12, and clearly pointed out that small property houses could not be registered and certified. At present, 70%-80% of rural collective land ownership registration has been completed.
Small property houses can not be issued [3]
The Opinions put forward that it is necessary to strictly regulate the registration and certification of rural collective land, and it is strictly forbidden to engage in false land registration, and it is strictly forbidden to register and certify illegal land that has not been legally dealt with.
The "Opinions" clearly stipulates that "if the peasant collective land is changed into state-owned land by means of household registration system reform or unauthorized' village to residence', the rural collective economic organizations illegally transfer or lease the collective land for non-agricultural construction, and urban residents buy homestead, peasant houses or' small property houses' and other illegal land in rural areas, registration and certification will not be granted. Those who fail to register and issue certificates according to law and do not standardize the registration book have serious consequences, and the relevant personnel should be seriously investigated for responsibility. "
Regarding the contradiction of land disputes in the confirmation registration, Zhu said that the principle of rural collective land confirmation registration is that if the dispute is not resolved, it will not be registered and issued.
Zhu said that at present, the land registration, confirmation and certification work in the urban-rural fringe has been done very well nationwide, which will provide a basis for farmers to protect their rights according to law.
The "Opinions" stipulate that the original collective land that has not been expropriated after "removing villages and building houses" will only be investigated and counted, and no registration and certification will be carried out. In the investigation and statistics, the original peasant collective name should be indicated after the name of the newly-built unit, so as to provide a basis for properly handling this problem after the state promulgates relevant laws and policies.
Wang Zongya, inspector of the Law Enforcement Supervision Bureau of the Ministry of Land and Resources, said at the press conference that small property houses are not protected by law. This year, some cities in China will be selected to carry out the pilot work of cleaning up small property houses. [4] Small property houses refer to commercial houses that occupy collective land for construction and are sold to members other than collective economic organizations. 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. At present, the state requires all localities to register and develop rural collective land, but it is not allowed to issue certificates for illegal land use of small property houses, and small property houses are not protected by law.
social problem
There are four main problems in "small property right house", one is law, the other is rationality, and the third is rights and interests.
Legally speaking, the statutory land system of the state clearly stipulates that collective land, including its homestead, can only be operated within the scope of farmers, but not in cities. Because this is based on the fundamental interests of farmers, this article cannot be moved under the condition of imperfect social security.
The second aspect is rationality. Farmers can also get rich by selling "small property houses". Why not let them? It is cheap for city people to buy "small property houses". Why not buy it? In fact, the problems involved here are not that simple. The "small property right house" was sold in this way, and its land benefit was not maximized.
Then there is the issue of rights and interests. The problem of farmers is the difference between urban and rural areas, dual structure and farmers' security. Without solving and establishing the problem, the most important thing is to protect the interests of farmers.
Rural homestead is limited. If a large number of rural homesteads are bought by urban residents, their housing and living problems may appear in the future.