Small property right house is a unique type of house in China. Generally speaking, it is a house built on rural collective land, so there is no real estate license, and it is strictly forbidden to issue real estate licenses in China. 1. The latest policy of small property houses 2022 The new civil code came into effect on 202 1 1, and the property law and its related interpretations are valid until 2020 12 3 1. The provisions that conflict with the Civil Code are invalid and replaced by new judicial interpretations. Small property houses are cheap because of imperfect property rights. Many property buyers choose to buy small property houses for a large number of temporary gains. According to the latest interpretation of the policy of small property houses, the Ministry of Land and Resources prohibits registration and certification. "Several Opinions on Registration and Certification of Rural Collective Land Confirmation" was recently released, which clarified the major policy issues related to the work. Not long ago, the Ministry of Land and Resources held a briefing, saying that it will strive to basically complete the registration and certification of rural collective land ownership by the end of next year, and clearly formulate the latest policy for small property houses, and all small property houses will not be registered and certified. At present, 70%-80% of rural collective land ownership registration has been completed. Second, it is forbidden to have small property houses 1, and small property houses do not issue real estate licenses (1). Small property houses generally refer to houses built on rural collective land without relevant documents, that is to say, the legitimacy of their houses is not recognized by the state. If they go to the relevant departments to apply for real estate licenses and other documents, they will not be processed. (2) Up to now, the area of small property houses in China is about 6.6 billion square meters. From this figure, we can easily see the large number of small property houses. However, because it has not been recognized by the state, there are always many people who have the luck of "one day it will be recognized by the state" and "small property houses will be legalized". However, according to the current policy, the legalization of small property rights is still far away. 2. It is forbidden to build and trade small property houses (1). Rural land belongs to village collective organizations, and the system of one household and one house is implemented. It is understood that the state prohibits the construction of small property houses on collective land, and anyone who violates the regulations will face punishment. (2) It is forbidden not only to build houses with small property rights, but also to buy and sell them. Illegal sale of small property houses, the illegal income of buyers and sellers shall be confiscated. For those who have urban hukou but want to buy a house in the countryside, it is forbidden to buy. (3) Although small property houses are not allowed to be bought or sold, they can be transferred, but both parties to the transfer must be members of the same village collective organization. Before transferring, they must submit an application to the relevant departments, and only after the application is passed can they transfer. 3. It is forbidden to legalize small property houses through real estate registration (1). At present, China's rural land and houses are undergoing data statistics, especially the real estate registration of rural houses. This work may leave many problems that need to be properly handled by the local government. (2) The current national policy does not recognize small property houses, so it is impossible to register small property houses in rural real estate registration, and no one is allowed to legalize small property houses. Third, the reasons for the emergence of small property houses 1, urban housing prices are too high: 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. 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 affordable housing and low-rent housing cannot meet these housing needs. There are a large number of realistic buying groups in small property houses. 2. Space for scratching the edge: According to the law, farmers can operate their own houses and collective construction land owned by rural collectives, and houses built by farmers can also be traded. It is precisely because there are many ambiguous places in policy and law that the construction of small property houses is rampant everywhere, leaving room for small property houses between legal and illegal. 3. Unreasonable farmland system: small property houses are properties built by farmers collectively on their collective construction land and homestead, and there is no need to pay the land use right transfer fee handed over to the government by similar developers for land acquisition (including the land acquisition fee paid by the government for collecting farmers' collective land); The village collective takes the lead in development, which saves the cost of municipal construction and infrastructure supporting fees. In this development process, the collective income of farmers selling small property houses is higher than the compensation amount of government land acquisition. According to the law, although small property houses are cheap, there is no real estate license. Many people choose to buy small property houses for these temporary petty profits.
Legal objectivity:
"People's Republic of China (PRC) City Real Estate Management Law"
Article 38
The following real estate shall not be transferred:
(a) the acquisition of land use rights by means of transfer does not meet the conditions stipulated in Article 39 of this Law;
(two) the judicial organs and administrative organs have ruled or decided to seal up or restrict the real estate rights in other forms according to law;
(three) to recover the land use right according to law;
(four) without the written consent of other people, * * * owns real estate;
(five) the ownership is controversial;
(6) Failing to register according to law and obtaining the ownership certificate;
(seven) other circumstances in which the transfer is prohibited by laws and administrative regulations.