The origin of houses with small property rights and how to deal with actual cases

"Small property rights housing" refers to rural collective land, which is developed and constructed by the township (town) government or village committee that enjoys the ownership of the land alone or jointly with real estate development enterprises, and is developed and constructed by the township (town) government or village committee. The town) government or village committee prepares a house ownership certificate for the house. This kind of house ownership certificate does not have the seal of the housing management department, but only the seal of the township (town) government or village committee to prove its ownership, so it is also called "township property rights."

1. How did "small property rights housing" come into being?

Our country has the "Land Management Law" and its implementation regulations, the "Urban and Rural Planning Law" and other laws and regulations, which regulate land The use of resources is strictly defined, and rural collective land is particularly protected compulsorily. Our country implements different management methods for urban land and rural land, and also implements different management methods for urban and rural populations. Commercial housing can be built on urban state-owned land and sold on the market only after legal procedures, and a real estate certificate will be issued by the national housing management department. Rural collective land can only be used for real estate development after the state acquires land and becomes state-owned, and then it can be listed and transferred. This dual structure of the land system is the root of the problem of "small property rights housing". On the one hand, when the compensation received during expropriation is too different from the market value, farmers build houses and sell them on their own; on the other hand, the current housing prices in cities are too high, and the income of the middle and lower classes in cities and towns is not enough to buy houses, so they have to find another house. connections. Because rural houses are cheap, many urban residents buy them. This is the reason for the emergence of "small property rights houses".

2. What problems have been brought about by housing with small property rights?

1. Basic living security issues for farmers

The current law does not allow it to be carried out on collective land. For real estate development, the expropriation of collective land as state-owned land is a prerequisite for real estate development. However, the land acquisition compensation received by farmers only accounts for a small part of the distribution of land income. Most of the land income is divided between local government departments and developers. For farmers, as collective land owners, "small property rights" housing will make them (rather than developers) the biggest beneficiaries of land value appreciation. In fact, this is also in line with the spirit of the Constitution and international practices. The World Bank has clear policies and regulations on ensuring benefits for land resettlement projects. This means that the original owners or residents of the land must enjoy the benefits—dividends—of the redevelopment and acquisition of the land. A model like China's that gives farmers' land to developers as soon as it is developed, and the added value of farmers' land can only be shared by developers and local governments. In essence, it is an irrational distribution of "fighting the poor and helping the rich." In this process, farmers received certain resettlement and received some compensation, but they lost their land forever. Since the use of land is highly irreversible, it will inevitably lead to the loss of a large amount of cultivated land. After the loss of cultivated land, farmers' livelihood security problems will be threatened.

At present, the country has not yet promulgated relevant laws to stipulate the distribution of income growth brought about by changes in land use between rural collective organizations and farmers. From the perspective of the relationship between collective organizations and individual farmers Individual farmers are generally at a disadvantage and their rights and interests are more vulnerable to harm. Therefore, the loss of cultivated land caused by the large-scale development of "small property rights" houses will seriously threaten farmers' living security, which will become one of the most serious consequences of the development of "small property rights" houses.

2. Issues on the protection of the rights of home buyers

Article 10 of my country’s Constitution stipulates: “Land in cities belongs to the state, and land in rural areas and urban suburbs belongs to the state except as provided by law. In addition to collective ownership, homesteads, private land, and private hills are also collectively owned. "Buildings on collectively owned land will not be able to obtain a "House Ownership Certificate", which is why this type of housing is called a small-property housing. The most important reason. The "Risk Warning on Purchasing New Commercial Houses" issued by the Ministry of Construction not long ago also emphasized again: "Houses built on land collectively owned by farmers are sold to residents outside collective organizations without planning and without paying land transfer fees and other fees. And the property rights certificate is not issued by the national housing management department, but by the township government or village committee." Therefore, in terms of house property rights, "small property rights" houses generally only have land use rights certificates but no house ownership certificates.

In addition, in "real estate development activities, the use of state-owned land must be paid, which is a necessary condition required by law. Any real estate development that uses land for free is prohibited by law and cannot be allowed." It essentially causes the loss of state-owned assets and harms the public interests of the country and society." Contracts targeting houses with "small property rights" are also invalid due to illegality. The buyer cannot obtain property rights registration or transfer registration. He cannot become the owner of the house and cannot transfer it. If the house has quality problems, it will be difficult to protect its own interests. , if it is expropriated by the state in the future, according to regulations, only the owner, that is, the village collective and villagers will be compensated. In addition, these "small property rights" houses are likely to be forcibly demolished or confiscated due to violations of the law. In short, the interests of the purchaser will be difficult to protect. It is conceivable that those who have purchased houses with "small property rights" will face the risk of being demolished at any time as urban and rural planning is revised. Unless they can prevent urban expansion or the implementation of urban and rural planning laws through collective voting or collective struggle.

Otherwise, during the process of house demolition, serious conflicts will break out between the government, collective land owners and purchasers, a new round of social conflicts will be intensified, and the entire society will pay a heavy price.

3. How are houses with small property rights handled in trial practice?

In hearing cases involving disputes over the purchase and sale of houses with small property rights, the following specific opinions are generally followed:

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1. The sale and purchase of houses with small property rights among members within the collective economic organization can generally be deemed valid because the civil behavior does not violate laws, regulations and prohibitive provisions; If a person sells a house with small property rights, his or her buying and selling behavior should generally be deemed invalid. However, the following situations should be identified and dealt with separately according to the specific circumstances: first, the buyer has moved into the collective economic organization after buying the house; second, the seller has become an urban resident; third, the seller has multiple properties or The rural residence is a multi-story building with a self-retained living house; the fourth is the transfer disputes of small property rights houses caused by family division, divorce, inheritance inheritance, etc.; the fifth is the small property rights houses formed due to historical reasons, it is necessary to distinguish between different situation and handle it properly.

2. The transfer relationship between small-property houses that are illegally occupied by cultivated land and built in violation of land use planning should be deemed invalid.

3. Pay attention to the difference between small property rights houses and other forms of property rights houses. There are obvious differences between small property rights housing and commercial housing (including commercial housing without property rights registration), affordable housing, price-limited housing, low-rent housing, public housing, etc. in terms of the reasons for their occurrence, the nature of property rights, and the scope of use. Disputes arising from circulation should also be treated differently.

(The above answer was published on 2015-11-21, please refer to the actual relevant current house purchase policies)

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