1. Houses on the homestead
Homestead refers to the collectively owned land occupied by rural farmers or individuals as a living base. Including three types: land with built houses, land with built houses but no roof or uninhabitable land, and planned construction land. Homestead ownership belongs to rural collective economic organizations. The house on the homestead is a house built by the members of rural collective economic organizations on the collective land where they enjoy the right to use the homestead. The ownership of the house on the homestead belongs to the individual members of the rural collective economic organization.
2. Small property houses
Property right house is not a legal concept, but a factual concept. Generally speaking, it refers to houses built on rural collective land, without relevant documents and land transfer fees. Its property certificate is not issued by the national housing management department, but by the township government or village Committee, also known as "township property house". The concept of "small property right house" has been mentioned in relevant websites and academic papers, but the definition is different. The term "small property right house" referred to by lawyers in Ming Dynasty is the broadest concept, hoping to cover more situations in practice.
Second, the sale of houses.
1. House sales on homestead
The Minutes of the Eighth National Court Civil and Commercial Trial Work Conference (Civil Part) put forward the following opinions on the sale of houses on rural homesteads:
"In the pilot areas of homestead system reform determined by the state, disputes arising from mortgage guarantee and the transfer of homestead use rights can be handled in accordance with national policies and relevant guiding opinions. In non-pilot areas, farmers sell houses on their homesteads to individuals outside their collective economic organizations, and the house sales contract is deemed invalid. After the contract is invalid, if the buyer requests to return the purchase price and its interest, and requests compensation for the renovation or reconstruction costs, it shall comprehensively consider the fault determination of the parties. "
On February 27th, 20 15, the 13th meeting of the 12th the National People's Congress Standing Committee (NPCSC) deliberated and adopted the Decision on authorizing the State Council to temporarily adjust and implement relevant laws and regulations in the administrative areas of 33 pilot counties (cities, districts) such as Daxing District, Beijing, authorized the temporary adjustment and implementation of land management law, urban real estate management law and other relevant laws and regulations in the pilot areas, and started three pilot projects, namely, rural land expropriation, collective construction land entering the market and homestead system.
If there are no new homesteads available for distribution, farmers' collectives can make use of the existing construction land in the village, concentrate on building apartments with the support of the government, and implement the homestead rights and interests of rural housing construction.
For example, Liuyang, Hunan and Lu Xian County, Sichuan, with the support of the reform policy, have experimented with new forms that break through the provisions of the land management law, such as public auction of homesteads, cross-village circulation of homesteads, and building houses on homesteads in urban and rural areas. However, in non-pilot areas, the sale of houses on the homestead is still limited to collective economic organizations. Therefore, Mr. Zaiming reminds you that there are risks in buying and selling houses on the homestead, so be careful when buying!
2. Buying and selling small property houses
Urban housing prices remain high, and residents' housing demand continues unabated. The contradiction between the two provides development space for the rise of small property houses. Small property houses are houses built on collective land, which should meet the basic living and living needs. Therefore, in terms of architectural design, apartment decoration and supporting facilities, it is lower than the level of ordinary commercial housing.
Correspondingly, the price of small property houses is much lower than that of ordinary commercial houses, which is also the reason why the trading boom of small property houses such as renting and selling does not retreat. Lawyer Re-Ming reminds you that strictly speaking, the lease and sale of small property houses are illegal. In practice, there are not a few contracts for the sale of houses with small property rights that have been invalidated by people's courts. Think twice before buying!