housing with limited property right

Small property houses cannot be bought and sold, and the sale is not protected by law. Whose house was originally owned or whose? The signed contract is invalid. Yesterday, the Beijing court just pronounced a lawsuit to buy and sell a small property right house, and the house was returned to its original owner.

"Small property right house" is not a legal concept, but a conventional title formed by people in social practice. At present, the so-called "small property right house", also known as "township property right house", refers to the real estate issued by the township government rather than the state. Therefore, "small property rights" are actually "rural property rights" and do not constitute real rights in the legal sense. To put it more bluntly, "small property houses" are houses sold on collective land by some village collective organizations or developers in the name of new rural construction, or "commercial houses" organized and built by farmers themselves.

At present, there are two kinds of "small property houses" and "rural property houses": one is built on collective construction land, that is, the house built on the "homestead" belongs only to the collective owner of the village, and even farmers in other villages can't buy it; The other is illegal construction on land used by collective enterprises or farmland occupied.

Compared with commercial housing in the general sense, "small property right housing" has no concept of land transfer fee, and there is no crazy profit grab by developers. Therefore, the price of "small property right houses" is generally only 1/3 or even lower than that of commercial houses in the same region. This is the fundamental reason why a large number of urban residents buy "small property houses" against property rights risks.

Legal attribute

Then, what is the legal nature of rural property houses? Is it legal and can it be purchased or transferred?

First of all, it must be clear that rural property houses are legal buildings as long as they have gone through the relevant examination and approval procedures according to law, and the law allows rural collectives to build houses on collective land. Therefore, it is not only rural property houses that are illegal buildings. It's just that some problems in the sales link conflict with the current laws and regulations, which makes people mistakenly think that it is illegal construction.

Since it is legal, can rural property houses be purchased and transferred? According to the Land Management Law of the People's Republic of China, the land use right collectively owned by farmers shall not be sold, transferred or leased for non-agricultural construction. Rural homestead is collectively owned, and villagers only have the right to use homestead. Farmers can't get legal recognition and protection when they sell their houses to urban residents, and they can't go through legal procedures such as land use certificate, real estate license and deed tax certificate. Therefore, rural property houses cannot be transferred or sold to a third party who is not a collective member. However, this does not mean that rural property houses cannot be transferred, but the objects of their transfer or sale are limited and can only be transferred and replaced within the collective members.

Small property rights and large property rights

1, full property right (big property right)

The State Council's "Notice on Continuing to Actively and Steadily Reform the Urban Housing System" stipulates that all public housing purchased at the market price can be owned by property buyers. The market price is also the market price or quotation of the residential market. National and local governments will not lower or raise prices, but follow the market and let buyers and sellers agree. As long as both sides can accept it, the deal can be reached. According to the market price, the owner of the house has all the right to control the house, that is, the right to possess, use, benefit and dispose of the house. Here, all the property rights of the house and the ownership of the house are the same, but the formulation of the two is different. Compared with "partial property right", "complete property right" is meaningful.

2. Part of property rights. (small property rights)

According to the State Council's "Notice on Continuing to Actively and Steadily Promote the Reform of Urban Housing System", employees can purchase public housing at standard prices within the housing area stipulated by the state. After buying a house, employees have some other property rights, which can be inherited or sold, but the sale can not be carried out until five years after buying a house. The property unit that originally sold the house has the preemptive right, and the proceeds from the sale of the house are distributed according to the proportion of property rights occupied by individuals, units or governments after deducting relevant taxes and fees. From here, we can see some differences between some property rights and all property rights. The difference between some property rights and all property rights is that some property rights emphasize the right of permanent use and inheritance, while the exercise of income rights and disposal rights is limited to a certain extent.

What are the risks of buying rural property houses?

First, the legal risks, which have been discussed in detail, make the circulation and transfer of rural property houses have many restrictions, because rural property houses are not commercial houses because they only have the use nature of ordinary commercial houses, but not the legal nature of ordinary commercial houses. Therefore, the relevant provisions and systems of laws and regulations on commercial housing are invalid for rural property houses, and the people's courts cannot apply the legal provisions and judicial interpretations on the sale of commercial housing to handle cases involving rural property houses, making it difficult to safeguard the rights and interests of buyers. At the same time, because the contract for purchasing rural property houses is invalid, according to the law, buyers can only ask developers to refund the purchase price and pay interest according to the bank loan interest rate for the same period. However, according to the existing cases, the people's court may not support the buyer who knows that the purchased house is still purchased by the township property right house and requests compensation for losses due to his own fault. And even if the developer breaches the contract, the buyer's rights will not be guaranteed because the contract is invalid. Because rural property houses are not recognized by law, not filed in the housing management department and not supervised by government agencies, if they encounter some housing quality problems and public facilities maintenance problems during the use of houses, their relief channels are very limited.

The second is policy risk. After purchasing the rural property right houses under construction, the buyers sign contracts with the developers and pay the house price. If the relevant departments rectify the rural property right houses construction projects, some projects may be stopped or even forcibly removed. Then the result can only be that the purchaser asks the developer for the purchase price, and the purchaser may face the embarrassing situation that he can neither obtain the house nor claim the house price in time. In addition, if there is land acquisition and demolition after buying a house, because the rural property right house has no legal property right recognized by the state, the purchaser is not the legal property right owner, and it is very likely that he will not get the compensation for property right demolition. As the actual user, the compensation for demolition is very small compared with the compensation for property right.

Third, at present, there is no clear norm for the development and construction of rural property houses, and the supervision of development and construction is also absent. However, the development of rural property houses is not supported by bank loans. In the process of development, a large number of development funds are not regulated by the government and banks, but mainly rely on the self-discipline of developers. Once there is a problem with the funds or other links of the development unit, it is very likely to become an unfinished project. If the purchase price is paid to the developer in advance without any qualification and supervision, there are great risks for the buyers, such as the safety of funds, whether the developer's funds are in place on time, and whether the house can be delivered on time according to quality. At the same time, without the qualification of developers, it is difficult to guarantee the quality of houses and the after-sales warranty of houses. And the property management after occupancy is also prone to problems.

Fourth, because the purchased rural property houses have not been recognized and legally protected by the national real estate authorities, they cannot go through legal property rights procedures and cannot be legally transferred after purchase. At the same time, it also has a great impact on the preservation and appreciation of houses.

Is it possible for rural small property houses to become large property houses?

Many people believe that with the introduction of the property law, citizens' property rights will be fully affirmed, and rural property houses will also be recognized by law, which can eventually be transformed into legal property houses. Can township property houses be transformed into real property houses? Judging from the current relevant laws and regulations in China, there is still a lack of legal basis for the transformation of rural property houses into property houses. Judging from the concept and value orientation of land management in China, China will not let go of the circulation of collective land in the short term. Therefore, it will take a long time for rural property rights housing reform to cause property rights housing. At the same time, even if rural property houses can be transformed into property houses in the future, from the perspective of the existing land system, buyers still need to pay land transfer fees. As a result, the cost of purchasing rural property houses by property buyers is almost the same as that of purchasing commercial houses.

Therefore, we suggest that it is best not to buy rural property houses, and you should check out as soon as possible if you have already bought them. If you think you can bear the risks mentioned in this article, or you really need to buy a rural property house, we suggest you buy an existing house, and pay attention to check whether the project has gone through the corresponding examination and approval procedures, as well as the qualifications and credibility of the developer, so as to minimize the risk of buying a house. If you are unable or unwilling to take the above risks and want to buy rural property houses, at present, you have to transfer your household registration to the village collective where the rural property houses are located.