What is house property rights?

Generally speaking, house property rights consist of two parts: house ownership and land use rights.

House ownership is an individual property right and a type of private property right. It is protected by my country’s Property Rights Law and its term is permanent.

Land use right is a use right transferred by the state to organizations, institutions and individuals. According to my country's Constitution, the ownership of land belongs to the state and collectives. According to the different planned uses of the land, the maximum use life of the land is divided into 40 years, 50 years and 70 years. After expiration, the land transfer fee can be paid again and the right to continue to use the land can be obtained.

What is a house with small property rights?

A house with small property rights is also called a house with rural property rights. Small-property houses are houses built on rural collective land without paying land transfer fees and other related taxes. House property rights certificates are issued by the township or village level government. Compared with large property rights houses, which are issued by the national housing management department, small property rights houses do not have land use certificates and pre-sale certificates, and their purchase contracts cannot be filed with the housing management department. The so-called property rights certificates are not It is not a legal and valid title certificate.

Small property rights housing is not a legal concept, it is just a common name formed by people in social practice. Houses with small property rights do not have land use certificates and pre-sale licenses issued by the state, and the land and housing administration bureau will not record the purchase contract. The so-called property rights certificate is not a truly legal and effective property rights certificate.

There are three types of houses with small property rights:

1. Houses built on collective construction land, that is, houses built on homesteads, belong only to the collective owner of the rural area and are not Citizens of this village cannot purchase it.

2. Houses built illegally on land used by collective enterprises or occupied cultivated land.

3. Villas in various agricultural parks or nursing homes.

Small property rights, English is village property. The so-called "small property rights" is a popular name among the people. There is no such concept in my country's real estate-related laws, regulations and systems.

Usually, the so-called houses with small property rights mainly refer to two categories: one is urban village renovated houses built on rural collective construction land after approval of land, planning and construction links by relevant national government departments; the other is It is a house built on rented land or illegally occupied land without approval from any relevant state department or link.

Explanation of property rights

There are three main explanations for small property rights. Houses with small property rights facing rectification refer to the third type below.

The first explanation is for the property rights of the developer. The property rights of the developer are called large property rights, and the property rights of the home buyer are called small property rights. This term is because the property rights of the home buyer are determined by the developer. It comes from the division of property rights.

The second explanation is based on whether the land transfer fee needs to be paid when the house is re-transferred. Those that do not need to pay the land transfer fee are called large property rights, and those that have to pay the land transfer fee are called small property rights. According to this interpretation, ordinary commercial houses are houses with large property rights, and affordable housing is houses with small property rights.

The third explanation is based on the issuing authority of the property rights certificate. Those where the state issues property rights certificates are called large property rights. Those where the state does not issue property rights certificates and those where the township government issues certificates are called small property rights. Known as township property rights, township property rights do not constitute property rights in the true legal sense.

The first and second explanations of small property rights are legal. As long as the purchase price is paid in full, or the land transfer fee is paid when transferring, you can buy and sell freely (affordable houses require self-owned property ownership certificates) It can only be listed and traded after 5 years from the date of certification), and the legal provisions are relatively clear. The third interpretation of the legal nature of small property rights is highly controversial, and it is impossible to obtain a property rights certificate in the true legal sense.

The difference between houses with small property rights and houses with large property rights

Houses with property rights certificates issued by the state are called houses with large property rights, including 40-year property rights, 50-year property rights and 70-year property rights. The ordinary commercial houses we usually buy are all houses with large property rights. Weifang Courtyard is also a property with large property rights.

The difference between small-property houses and large-property houses:

1. Large-property houses have five certificates, are protected by law, and have complete property rights. Small property rights, no five certificates, no legal protection, only partial property rights.

In layman's terms, large property rights have real estate certificates, while small property rights do not.

2. There is compensation for demolition of large property rights, but not of small property rights. In other words, if the government wants to demolish their houses, owners of small property rights will basically not receive compensation for demolition and resettlement.

3. There is no one to supervise the quality of houses with small property rights, and there are potential safety hazards. In addition to the difficulty in guaranteeing the quality of the house and the after-sales warranty of the house, it is also very easy for problems to occur in the property management after moving in.

4. Since small property rights do not have formal property rights certificates, they cannot be used as mortgages or resold on the market. Moreover, houses with small property rights cannot be registered with the real estate management department, so they cannot apply for mortgages and other rights. In other words, you cannot get a loan to buy a house with small property rights, and you can only pay the full amount in one go.

In fact, as early as 2018, the People's Daily pointed out in the article "Why the state has explicitly banned "small property rights housing" repeatedly" that in recent years, relevant national departments have clearly required that the construction and sale of "small property rights housing" be prohibited. "Small property rights housing" was resolutely stopped and seriously investigated and dealt with. Relevant state departments have repeatedly stated that the construction, sale, and purchase of "small property rights houses" are not protected by law, and the illegal construction and sale of "small property rights houses" must be resolutely curbed.

To sum up, the important factor for the existence of small-property houses is that their prices are very cheap. Whether it is the transfer of homesteads or the sale of small-property houses, there are great legal risks.