Is the rural resettlement house a small property right house?

Rural demolition and resettlement houses belong to small property houses.

Small property right houses refer to houses built on rural collective land, which do not pay land transfer fees. Their property right certificates are not issued by the national housing management department, but by the township government or village government, also known as "township property rights houses".

"Small property right house" is not a legal concept, but a conventional title formed by people in social practice. 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.

According to the Land Management Law of the People's Republic of China, rural homestead belongs to collective ownership, and villagers only have the right to use it. Farmers selling houses to urban residents are not recognized and protected by law, that is, they cannot go through legal procedures such as land use certificate, real estate license and deed tax certificate.

Therefore, small property houses cannot be transferred or sold to third parties who are not members of the collective, but can only be transferred and replaced within the collective members.

Extended data:

The country that issues the title certificate is called "big property house", and the country that does not issue the title certificate is called "small property house". The dispute between large and small property houses is not the ownership of houses, but the right to use land. There are three main explanations for small property rights:

1 refers to the property right of the developer, which is called the big property right and the small property right of the buyer, because the property right of the buyer is divided by a property right of the developer.

2. According to whether it is necessary to pay the land transfer fee when the house is re-transferred. Those who don't need to pay the land transfer fee are called big property rights, and those who want to pay the land transfer fee are called small property rights. According to this interpretation, ordinary commercial housing is a big property house, and affordable housing is a small property house.

3. Distinguish by the issuing authority of the title certificate. If the state issues a property right certificate, it is called big property right; If the state does not issue property right certificates, it is called small property right, also called township property right. Township property rights do not constitute property rights in the legal sense.

Baidu Encyclopedia: Small Property Rights