First, the provisions of the new real estate policy on small property houses
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.
According to the latest policy of small property houses, small property houses are not allowed to apply for permits.
The Civil Code puts forward that it is necessary to strictly regulate the registration and certification of rural collective land, and it is strictly forbidden to engage in false land registration, and it is strictly forbidden to register and certify illegal land that has not been legally treated.
It is clearly stipulated in the Civil Code that "farmers' collective land will be converted into state-owned land by means of household registration system reform or unauthorized' village to residence', rural collective economic organizations illegally transfer or lease collective land for non-agricultural construction, and urban residents who buy illegal land such as homestead, farmers' houses or' small property houses' in rural areas will not be registered and issued. Those who do not register and issue certificates according to law and do not standardize the registration book have serious consequences, and the relevant personnel should be seriously investigated for responsibility. "
Regarding the contradiction of land disputes in the confirmation registration, Zhu said that the principle of rural collective land confirmation registration is that if the dispute is not resolved, it will not be registered and issued.
At present, the land registration and certification work in the urban-rural fringe has been done well nationwide, which will provide a basis for farmers to be legal.
According to the provisions of the Civil Code, the original collective land that has not been expropriated after "removing villages and building houses" will only be investigated and counted, and will not be registered and issued. In the investigation and statistics, the original peasant collective name should be indicated after the name of the newly-built unit, so as to provide a basis for properly handling this problem after the state promulgates relevant laws and policies.
Ordinary property housing is actually a simpler understanding, that is to say, the state is aimed at some families with housing difficulties in China. For example, the economic income is relatively difficult, and the affordable housing provided, such as housing reform or affordable housing, belongs to * * * property housing.
Second, small property houses in the Civil Code can be mortgaged.
The Civil Code stipulates that houses with unclear property rights or disputed use rights cannot be mortgaged, so houses with small property rights cannot be mortgaged.
People's Republic of China (PRC) Civil Code
Article 399 The following property shall not be mortgaged:
(1) Land ownership;
(two) the right to use collectively owned land such as homestead, private plots and private hills, except those that can be mortgaged according to law;
(3) Educational facilities, medical and health facilities and other public welfare facilities of non-profit legal persons established for the purpose of public welfare, such as schools, kindergartens and medical institutions;
(4) Property whose ownership and use right are unknown or controversial;
(5) Property that has been sealed up, detained or supervised according to law;
(6) Other properties that may not be mortgaged according to laws and administrative regulations.
Third, is the small property right house legal?
First of all, there are two clear cases of small property houses at present:
(a) houses built on collective construction land
The law allows rural collective organizations to build houses on collective land, so as long as they go through the examination and approval procedures according to law, they are legal buildings.
(two) houses illegally built in collective enterprises or occupied farmland.
The law clearly stipulates that farmers' collective land use rights shall not be sold, transferred or leased for non-agricultural construction, so this kind of small property right house belongs to illegal construction.
Secondly, whether you can buy a legal small property right house can be judged from the object of the transaction:
(a) the internal transfer and replacement of collective members are not restricted;
(two) the transfer or sale to a third person who is not a member of the collective can not be recognized and protected by law, and can not go through legal procedures such as land use certificate, real estate license and deed tax certificate.
Therefore, in principle, small property houses are not allowed to trade, but if they are traded within the collective members, they will get legal permission.
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.