Can I buy a small property right house in Beijing?
1, Beijing small property right house sales
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. Farmers can't get legal recognition and protection when they sell their houses to urban residents, and they can't go through legal procedures such as land use certificate, real estate license and deed tax certificate. Because these procedures cannot be completed and the property rights are incomplete, it may lead to a series of subsequent disputes and problems, such as the inability to handle inheritance, the inability to confront the state's land acquisition and demolition, and the inability to handle mortgages.
Of course, this does not mean that small property houses cannot be transferred, but that the objects of their transfer or sale are limited. These houses can be transferred and replaced within the collective members, which is permitted by law. However, in this case, strictly speaking, the house in this case cannot be called a small property right house.
2. Classification of small property houses
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 kind of small property right houses: incomplete property rights houses with potential property rights disputes that are 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 right houses: commercial houses are developed on the land that the army enjoys the right to use, and then sold to local residents outside the army, commonly known as "military property houses".
3. Beijing's policy of small property houses
The website of the Ministry of Land and Resources published "The Beijing Municipal Bureau of Land and Resources and the Housing Construction Committee submitted the survey of small property houses to the Ministry of Land and Resources and the Ministry of Housing and Urban-Rural Development". Among them, Beijing proposed to classify small property houses, and the small property houses in six cases should be demolished according to law. If the "built unsold" part meets the relevant policy conditions and the quality is qualified, it is suggested that the relevant examination and approval procedures can be handled, or it can be included in government public rental housing and other policy housing. For "built and sold" houses with small property rights, Beijing suggests that policies and specific operation methods should be studied first when dealing with them.
According to Beijing's proposal, six types of small property houses will be demolished according to laws and regulations, including: after testing and appraisal, the quality of the houses can not meet the relevant standards of the state or Beijing, and there are serious quality problems or potential safety hazards that cannot be rectified and eliminated by feasible measures; The present situation of land use is cultivated land, and the overall planning is general agricultural land and basic farmland; The occupied land is a first-class water source protection area; Occupy public roads, green spaces, rivers and high-voltage power supply corridors, and occupy underground pipelines; Seriously affecting the overall land use planning and urban planning; Destroying or affecting the protection of cultural relics and scenic spots. In addition, "other circumstances that should be dismantled according to law" should also be dismantled.
Beijing also suggested that if the "built unsold" small property right houses or houses conform to the overall land use planning and urban planning, they should be "given consideration to both people", and the government should organize specific procedures to confiscate and punish them, and should not "openly collect and secretly return". At the same time, the quality and safety of the house are tested. If the quality is qualified and meets the relevant policy conditions, it can go through the examination and approval procedures such as land use, and can also be included in the scope of policy housing such as public rental housing.
In addition, for "built and sold" small property communities or houses, it is necessary to study policies and specific operation methods first.
In our opinion, those who do not issue property certificates are called "small property houses". There are two kinds of "small property houses" and "rural property houses": one is a house built on collective construction land, that is, a house built on a "homestead", which only belongs to the village collective and cannot be bought by farmers in other villages; The other is illegal construction on land used by collective enterprises or farmland occupied. Of course, Beijing's current policy on small property houses is to dismantle and dispose of them, and it is illegal to buy or sell them.
That's what Bian Xiao introduced to you. Can I buy a small property right house in Beijing? I hope I can help you. For more information about small property houses in Beijing, please continue to pay attention to the renovation of Tuba Rabbit School.
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