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Can Huangchuan, Henan buy small property rights?
The so-called "small property right house" refers to the house built on farmers' collective land without paying the land transfer fee, and its property right certificate is not issued by the national housing management department, but by the township government or village government, so it is called "township property right house" or "small property right house". The so-called small property rights issued by the township government actually have no real property rights. 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 title certificate is not really legal and effective.
From the price point of view, rural property houses are cheaper than ordinary commercial houses, and the price is only 40% ~ 60% of the price of commercial houses in the same position; From the perspective of housing form, it is also an ordinary house; Judging from the construction procedure, it belongs to the transformation of old villages or the construction of new villages. There is no examination and approval management by the management department of the Urban Planning and Construction Committee, and there is no supervision and inspection during the construction process.
Small property houses occupy collective land. According to the current laws of our country, this kind of land can only be used for agricultural production or as the homestead of farmers. Land use rights shall not be sold, transferred or leased for non-agricultural construction. It has no property rights, and there is no land use certificate and pre-sale permit. Therefore, small property rights have no property rights.
There are three main explanations of small property rights. Currently facing the rectification of small property houses, refer to the following third.
The first explanation is that for the property rights of developers, the property rights of developers are called big property rights, and the property rights of buyers are called small property rights, which is called because the property rights of buyers are divided by a property right of developers.
The second explanation is based on 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.
The third explanation is distinguished by the issuing authority of property right certificate. The state property right certificate is a big property right, and the state does not issue property right certificates. The certificate issued by the township government is called small property right, also called township property right. Township property rights do not constitute property rights in the legal sense.
The first and second interpretations of small property rights are legal. As long as the purchase price is paid, or the land transfer fee is paid at the time of transfer, the legal provisions are relatively clear. However, the legal nature of the third interpretation of small property rights is controversial, and it is impossible to obtain the certificate of immovable property rights in the legal sense.
From the price point of view, the price of rural property houses is only 40% to 60% of the price of commercial houses in the same position.
Judging from the form of the house, it is an ordinary house.
Judging from the buying and selling procedures, the deed tax is not paid for the sale of commercial housing.
From the point of use cost, the property fee is cheap, the water and electricity fee is cheap, and the heating fee is cheap.
From the perspective of property management, the developers designated by the township government set up property management agencies to manage, and the service management level is not very high.
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