1, not eligible to buy a house.
2. Property houses are much cheaper than commercial houses.
3. I hope that I can get a large amount of compensation for demolition in the future.
What is a small property right house?
Small property right house is not a legal concept, it is just an agreed ownership formed by people in social practice. Refers to houses built on farmers' collective land, which do not pay land transfer fees, and their property certificates are not issued by the state housing management department, so they are called "township property rights" and "small property rights".
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 property right certificate is not really legal and effective.
What are the types of small property houses?
1. Generally speaking, small property houses are illegal buildings that occupy collective land or cultivated land and transfer farmers' collective land use rights for commercial housing development. (This is the most common)
2. Restricted sale of small property houses: incomplete property houses with property rights disputes that are directly sold in the market without being developed or used according to the planned function on the land allocated or sold by the government.
3. Military residence: Commercial housing is developed on the land that the military has the right to use, and then sold to local residents other than military personnel, commonly known as "military residence".
4. Some second-hand houses: some second-hand houses have not gone through the land acquisition procedures and failed to pay the land transfer fee, and such house sales contracts will be considered invalid.
What are the characteristics of small property houses?
Compared with "big property houses", the characteristics of small property houses are still very obvious:
1, the price advantage is obvious:
Small property houses are built on collective land, which is relatively remote, generally located in urban suburbs or outer suburbs, and their land value is low. The most important point is that there is no need to pay the state-owned land transfer fee and related taxes and fees, so the land construction cost is extremely low.
2. Incomplete property rights:
The state does not recognize and handle the transfer registration procedures of small property houses, nor can it be listed and traded. Moreover, according to the relevant laws and regulations, the sales contract of small property houses is invalid and not protected by contract law. Without legal protection, it can't be listed and traded. Strictly speaking, small property rights are essentially property rights.
3. Illegality:
Small property houses are built on rural collective land, which violates the current land management law of the country. The right to use rural collective land is the exclusive right of members of collective organizations and cannot be transferred. At present, it is illegal to use rural collective land to build houses and sell them to urban residents, and the relevant certificates of township property rights or village collective organizations obtained by buyers of small property houses have no legal effect.
4. High legal risk:
There may be problems in housing quality, property management, supporting facilities, water, electricity and gas. More importantly, the so-called "ownership" of houses acquired by property buyers from towns or village committees cannot be exercised normally, and the transfer, inheritance, mortgage, demolition compensation and other aspects will be greatly restricted, and the related rights and interests will be difficult to be guaranteed.
The latest policy of small property houses
According to China's "Land Management Law", farmers' collective land use rights shall not be sold, transferred or leased for non-agricultural construction. Rural homestead belongs to collective ownership, and villagers only enjoy the right to use homestead. When villagers sell houses to people outside the village, they cannot be recognized and protected by law, nor can they go through legal procedures such as land use certificate, real estate license and deed tax certificate.
Several Opinions on Registration and Certification of Rural Collective Land Confirmation stipulates that "the household registration system reform or unauthorized conversion of farmers' collective land into state-owned land and other illegal land, rural collective economic organizations illegally transfer or lease collective land for non-agricultural construction, and urban residents who buy homesteads, farmers' houses or' small property houses' in rural areas will not be registered and certified. "
Seeing this, do you still dare to buy a small property right house? There may be bold netizens who think that "the law does not blame the public" and "many hands make light work". They think that when demolition or compensation, many people can buy together and hold a group together to negotiate with developers or the government. What is the truth? Next, Bian Xiao will use specific cases to analyze these babies.
Case 1
Liu, the only son, moved his hukou from the countryside to the urban hukou after work, but his parents' hukou is still in his hometown. Now that my parents have passed away, I have left two small property houses in my hometown. Liu decided to sell the house, but was blocked by the village Committee. The relevant person in charge said that Liu is no longer a villager in the village and has no right to sell the house.
analyse
According to relevant regulations, Liu's parents' house conforms to the scope of inheritance, and Zuowei Liu's legal heirs of his parents certainly have the right to inherit the house. However, in the actual operation after the inheritance, because Liu did not have a village collective account, there was a problem that he could not handle the house transfer. It was suggested that he transfer the house to other village collective members in the village.
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Can urban residents get compensation when they buy small property houses and encounter demolition?
analyse
Once the small property right house involves the compensation for demolition, the original owner will demand full compensation for demolition on the grounds that private sale is illegal, and it is difficult for the buyer to get compensation, which is very risky.
Case 3
Zhao recently signed a "House Sales Contract" with Qian, and Zhao sold his small property right house to Qian for 300,000 yuan. On the day of signing the contract, Qian paid a deposit of 5,000 yuan to Zhao, and part of the house payment was 50,000 yuan.
A month later, when Qianmou intends to continue to deliver the late purchase price according to the contract, Zhao repented and prepared to take back the house and return the original purchase price to Qianmou. Qianmou appealed to the court to continue to perform the contract.
analyse
Laws and regulations do not allow houses built on collective land to be sold to members other than the collective economic organizations. The "small property right house" does not have the ownership, transfer and disposal rights of the house, so it is impossible to handle the transfer procedures of the house property right.
The court in this case found that the sales contract signed by both parties was invalid, and Zhao returned Qian's purchase price and rejected Qian's claim to continue to perform the contract.
To sum up, both the transfer of homestead and the sale of small property houses have great legal risks and must be treated with caution. If members of collective economic organizations transfer to each other, they should also sound an alarm for themselves to avoid economic losses caused by demolition or other circumstances.