Is Jindi Community in Tongzhou District of Beijing a big property right or a small property right?

Property ownership, legality and transaction tax are different.

1, different ownership of property rights.

The property right of developers is called big property right, and the property right of buyers is called small property right. The reason for this division is that the property rights of buyers are divided by the property rights of developers.

2. Different legality

The state property right certificate is called big property right, the state does not issue property right certificate, and the township government property right certificate is called small property right. The title certificate issued by the township government is actually not a real title certificate. This kind of house has no land use certificate and pre-sale permit issued by the state, and the relevant departments will not put it on record.

3. Different transaction taxes and fees

If you buy a house and then transfer it, you don't have to pay the land transfer fee, which is a big property right. If you still need to pay the land transfer fee, such property rights 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 purchaser can confirm this difference from the acquisition form of land use right in Article 1 of this contract. Specifically, the land certificate provided by real estate developers, if obtained through allocation, is a small property right; If it is obtained through transfer or transfer, it is the big property right mentioned here.

4. Different rights

Large property right houses, that is, buyers have both "House Ownership Certificate" and "Land Use Certificate". Can legally conduct second-hand housing transactions. Big property houses have four complete functions: possession, use, income and disposal.

The "small property right house" can't get the official real estate license, so it doesn't constitute the real estate right in the legal sense. That is, small property houses have only the right to use and no ownership. The validity of the sales contract of "small property right house" is generally considered invalid.

The term of property right of a large property right house refers to the term of ownership of the property right of the house, and the service life is determined according to different land properties. According to the Provisional Regulations of the People's Republic of China on Assignment and Transfer of Urban State-owned Land Use Rights, the maximum assignment period of land use rights is determined according to the following purposes:

1 70 years: residential land.

2, 50 years: industrial land, education, science and technology, culture, health, sports, comprehensive or other land.

3.40 years: commercial, tourism and entertainment land.

Extended data:

1, property certificate

After the developer obtains the house pre-sale permit first, after the real estate project developed by the developer is completed, he shall apply to the real estate ownership management department for real estate ownership registration, and the registration department shall notify the real estate surveying and mapping department to conduct on-site survey. After the survey data is confirmed, the ownership management department needs to inform the land management department to finally approve the land price, and also review whether the project uses the land according to the purpose approved by the plan, build houses according to the planned area, finally pay the land price, and close the case for demolition and resettlement.

Only after all the above contents are verified correctly can the property right be confirmed and the house ownership certificate be issued, which is commonly known as "big property right" by developers.

2. Small title certificate

Only after the developer obtains the "property right certificate", that is, the "small property right certificate", can he apply for the property right certificate of the buyer. At that time, the developer and the buyer will pay the corresponding deed tax and handling fee to the Beijing Real Estate Trading Center (export house) or the real estate trading departments of all districts and counties (domestic house), and after obtaining the sales contract, they will go to the property registration department to handle the buyer's house ownership certificate and land use certificate.

Documents to be submitted when handling include: house purchase and sale contract, house purchase and sale contract, valid identity documents, etc. If it is entrusted, the agent needs to provide a valid power of attorney.

Developers do not need to apply for a "sales license" to sell existing homes, but the basis for judging whether existing homes are sold is to see whether developers hold the "property certificate" of the houses they sell, so friends who buy existing homes should pay special attention to this.