If the latter can't handle the property right certificate, it belongs to the "small property right house". "Small property right house" refers to the house built on farmers' collective land without paying the land transfer fee. Its property right certificate is not issued by the national housing management department, but by the township government or village government, so it is called "township property right house" and also called "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 right house" is not a legal concept, but a conventional title formed by people in social practice. According to the relevant requirements of the state, "small property houses" are not allowed to issue certificates and are not protected by law. Only those registered with real estate are valid.
law of property
Article 9 The establishment, alteration, transfer and extinction of the real right of immovable property shall take effect after being registered according to law; Without registration, it will not take effect, except as otherwise provided by law.
If it is the former, you can apply for a property right certificate. The parties or their agents need to apply for real estate registration at the office of the real estate registration agency.
The applicant shall submit the following materials and be responsible for the authenticity of the application materials:
(1) Application for registration;
(two) the identity documents and power of attorney of the applicant and the agent;
(three) the relevant certification materials of the source of real estate ownership, the certification documents of the reasons for registration and the certificate of real estate ownership;
(4) Property boundary, space boundary, area and other materials;
(5) A statement on the interests of others;
(six) other materials as prescribed by laws, administrative regulations and the detailed rules for the implementation of these regulations.
The real estate registration institution shall complete the real estate registration procedures within 30 working days from the date of accepting the application for registration, and issue the certificate of ownership of real estate or registration certificate to the applicant.
Urban real estate management law
Article 9 The right to use state-owned land may be transferred with compensation after the collectively-owned land in the urban planning area is expropriated and converted into state-owned land according to law.
Article 61 Anyone who obtains the land use right by means of transfer or allocation shall apply to the land administration department of the local people's government at or above the county level for registration. After verification by the land administration department of the local people's government at or above the county level, the land use right certificate shall be issued by the people's government at the same level.
If a house is built on the land for real estate development obtained according to law, it shall apply to the real estate management department of the local people's government at or above the county level for registration with the certificate of land use right, and the real estate management department of the local people's government at or above the county level shall verify and issue the certificate of ownership of the house.
Provisional regulations on the registration of real estate
Fifteenth parties or their agents shall apply for real estate registration at the office of the real estate registration agency.
The real estate registration agency records the application for registration in front of the real estate register, and the applicant may withdraw the application for registration.
Article 16 An applicant shall submit the following materials and be responsible for the authenticity of the application materials:
(1) Application for registration;
(two) the identity documents and power of attorney of the applicant and the agent;
(three) the relevant certification materials of the source of real estate ownership, the certification documents of the reasons for registration and the certificate of real estate ownership;
(4) Property boundary, space boundary, area and other materials;
(5) A statement on the interests of others;
(six) other materials as prescribed by laws, administrative regulations and the detailed rules for the implementation of these regulations.
The real estate registration institution shall publicly apply for registration in the office and portal website, including the material catalogue and model text.
Article 20 The real estate registration institution shall complete the real estate registration procedures within 30 working days from the date of accepting the application for registration, unless it is otherwise provided by law.
Twenty-first registered items shall be registered when recorded in the real estate register.
Upon completion of registration, the real estate registration agency shall issue the certificate of ownership of real estate or registration certificate to the applicant according to law.