1, "small property right house" has entered a dead end.
On September 20th, China Land and Resources News published a message on WeChat WeChat official account, and the Ministry of Land and Resources and the Ministry of Housing and Urban-Rural Development jointly issued the Notice on Issues Related to the Connection between Housing Transaction and Real Estate Registration (hereinafter referred to as the Notice), clearly pointing out that it is necessary to prevent the legalization of small property houses through real estate registration.
2. "Small property right house" is not a legal concept.
"Small property right house" is not a legal concept, but a conventional title formed by people in social practice. The so-called "small property right house" refers to the house built on farmers' collective land without paying the land transfer fee, and its property right certificate is not issued by the national housing management department, but by the township government or village Committee, so it is called "township property right house" or "small property right house". The so-called small property rights issued by the township government actually have no real property rights. This kind of house has no land use certificate and pre-sale permit issued by the state, and the purchase contract will not be filed with the State Administration of Land and Housing. The so-called title certificate is not really legal and effective.
Small property houses are places where people live, study, work, entertain or store materials. It is for the purpose of living, including land rights and housing rights. Land ownership is the right to use land. Housing right is housing ownership.
So there is no qualitative difference between big and small property rights. The dispute over large and small property houses is not the ownership of houses, but the right to use land. Compared with foreign countries, China's real estate is only real estate, and there is no land use right for life. The difference in value lies in the location of the land, such as how much it costs to park a bus in Tiananmen Square and how much it costs to park a bus in the countryside. What is the difference after 70 years? Only in this way can we know their gap.
What risks does the transaction of small property right house face?
1, unable to obtain the real estate license.
Housing property right is the proof of owning housing property right, but because the sale of small property right houses is illegal, it is impossible to obtain real estate license. This also means that buyers have no property rights, and the law will not protect the rights and interests of buyers.
2. It can't be sold any more.
Because the property right certificate cannot be obtained reasonably, the small property right house cannot be listed reasonably and cannot be resold.
3. The quality is uneven
The construction of small property houses does not need to be audited by relevant departments, and it is not excluded that some developers cut corners to increase profits, and the quality of houses cannot be guaranteed. If there is something wrong with the quality of the house, it is difficult to hold the responsibility.
4. No compensation will be given in case of demolition.
These buildings are actually illegal buildings. If it is really demolished, the buyers will not have any compensation, and if there is compensation, they will all return to their original owners.
What are the possible factors for the repeated prohibition of the sale of small property houses?
1. Deep historical origins
As a unique phenomenon in the transformation of China under the dual system, the "small property right house" has its profound roots. Years of practice have repeatedly proved that from a legal point of view, it is not necessary to prove the legitimacy of "small property houses". Instead, we should explore the solution of "small property right house" based on the defects of China's land system, the general direction of land system reform and the establishment of a long-term real estate mechanism in China.
2. Market space under high housing prices
In cities, various housing construction and housing supply systems, such as commercial housing, affordable housing and affordable housing, have been or are being improved. The problem of small property rights has not been brought into the legal urban housing system, and the small property rights houses are undoubtedly stimulated by the market, filling the market space left by the high-priced housing market.
3. Risks and choices of low-income people
For a long time, commercial housing alone has propped up the "sky" of China real estate. Fundamentally speaking, this is the product of the serious imbalance between the rapid growth of real estate economy and the construction of related systems for many years. Therefore, under this premise, "small property houses" are chosen by some low-income people by virtue of their price advantages.
(The above answers were published on 20 17- 10-09. Please refer to the actual situation for the current purchase policy. )
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