First of all, what is a small property right house?
The "small property right house" mentioned by the people originally refers to houses illegally built on rural collective land and rented out for sale to the public. In 2004, in order to speed up the process of urbanization, Shenzhen turned rural collectively owned land into state-owned, villagers into citizens, and cancelled village organizations. However, in the process of land nationalization, in order to take care of the interests of the indigenous residents, Shenzhen has set aside an area of no more than 1.20 square meters for each household, with a height of no more than 5 floors and a construction area of no more than 480 square meters. Buildings exceeding this area are illegal buildings.
This illegal building built on state-owned land, also known as "peasant houses", constitutes the main body of "small property houses" with Shenzhen characteristics. In addition, military production houses and unit fund-raising houses are also important components of "small property houses". The common feature of these three companies is that they cannot obtain the property right certificate issued by the state.
In fact, the popular concept of "small property right house" in China does not apply to Shenzhen.
Since the establishment of the Shenzhen Special Economic Zone, the Shenzhen Municipal Government has encouraged farmers to use rural collective land to build such "small property houses" with no property rights to accommodate pioneers from all over the country. It is these people who started from scratch in illegal buildings that created the miracle of Shenzhen's rise in the future.
Where is the risk of making things difficult for small property houses?
Shenzhen has always taken a high-pressure situation on the sales of small property houses, but due to the hot housing market, the sales of small property houses have risen again. Some lawyers pointed out that although citizens can get a lawyer's notarial certificate when buying a small property right house, which is beneficial in law, the sale of a small property right house itself is illegal, so the notarial certificate has no legal effect. Furthermore, it is against professional ethics for lawyers to testify against small property rights.
The sale of small property houses is not guaranteed, because the house itself is illegal. Once the government dismantles them, consumers may not even get compensation. In addition, the property management of small property houses is also a big problem. It is difficult for owners to protect their rights and interests after they move in, and the quality of houses is also questionable.
If you must buy it, please pay attention to …
1, to see if the development subject is legal. The main body of land development in the village in the city can be an economic entity with legal person qualification and real estate development qualification established by villagers and rural collective economic organizations according to law, and a real estate development enterprise entrusted by the village Committee according to law. However, the subject must obtain the qualification to legally develop land.
2. See if you have obtained the state-owned land use certificate. According to the relevant regulations, the land for the development of villages in the city must be expropriated as state-owned land by the local land consolidation and reserve center to realize the change of land nature, and then handed over to the land users for use through "bidding, auction and hanging", and the local land and real estate bureau will issue the state-owned land use certificate.
3. See if it conforms to the urban planning. Reconstruction projects of villages in cities must conform to the overall urban planning. Only in line with the overall urban planning, can we guarantee the property ownership certificate of buyers to a certain extent.
4. See if we have obtained the building construction permit. Reconstruction projects in villages in cities shall be submitted for construction, bidding, construction, supervision and completion acceptance in accordance with the provisions of the Construction Law.
5. See if there is a commercial housing sales (pre-sale) license. This is an important sign that the village-in-city reconstruction project is allowed to be sold to the society. Urban village reconstruction projects should comply with the provisions of the Real Estate Law. Upon examination by the local land and real estate bureau, all conditions meet the requirements of relevant laws and regulations, and the commercial house can only be sold to the society after obtaining the sales (pre-sale) license.
Lessons from the past: cases of cheating ordinary people, small property houses
1, Longhua clear lake small property housing community, the property charges water and electricity fees indiscriminately. A small property right housing community in Shajing is in conflict with the owner because of unreasonable property fees. The management office directly stopped the owner's water and electricity, and the owner was beaten because of a quarrel. In a small property housing community in Gong Ming, Guangming New District, elevators frequently staged "shock" events such as pauses and slides, and the overhead floor on the second floor originally used for activities was also changed to residential public sale.
2.20 14 Shenzhen business daily reported that a citizen surnamed Li had lived in a small property right house for 10 years, but the developer claimed it back for free. Finally, after the trial of Shenzhen Arbitration Commission, the house purchase contract signed by both parties in that year was invalid, and Mr. Li had to return the house to the developer, and at the same time he could not get nearly half of the paid house purchase price.
(The above answers were published on 20 15- 10-20. Please refer to the current actual purchase policy. )
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