Houses built on farmers' collective land are called small property rights, and land transfer fees are not paid. Their real estate license is not issued by the State Housing Authority, but by the township government or villagers' committee, so it is called "township property right" and "small property right".
Small property houses occupy collective land. According to China's current standard laws and regulations, such land resources can only be used for agriculture or as rural homestead for farmers. The land use right certificate shall not be transferred, leased or leased for the construction of urban household registration. It has no property rights, and there is no national land use right certificate and pre-sale certificate. Therefore, small property rights have no property rights.
The sale of rural houses must meet the following conditions:
1, where the transferee of rural housing is a member of the same collective economic organization;
2. The transferee has no other real estate;
3. The transferred house is legally built and approved, and the transferred house must meet local standards;
4, the sale of housing should be applied for and approved by the collective economic organizations.
Legal basis:
Land Management Law of the People's Republic of China
Article 10
State-owned land and land collectively owned by farmers can be determined for use by units or individuals according to law. Units and individuals that use land have the obligation to protect, manage and rationally use land.
Article 11
Land collectively owned by peasants shall be managed by village collective economic organizations or villagers' committees if it belongs to village peasants collectively according to law; Farmers who have been collectively owned by more than two rural collective economic organizations in the village shall be managed by the rural collective economic organizations or villagers' groups in the village; Farmers who have returned to their hometowns (towns) are collectively owned and managed by rural collective economic organizations in townships (towns).
Article 61
Where land is needed for the construction of public facilities and public welfare undertakings in townships (towns) and villages, it shall be submitted to the competent department of natural resources of the local people's government at or above the county level after examination and approval by the local people's government at or above the county level, and shall be approved by the local people's government at or above the county level according to the examination and approval authority stipulated by provinces, autonomous regions and municipalities directly under the central government; Among them, those involving the occupation of agricultural land shall go through the examination and approval procedures in accordance with the provisions of Article 44 of this Law.