Small property right houses refer to houses built on rural collective land, which do not pay land transfer fees. Their property right certificates are not issued by the national housing management department, but by the township government or village government, also known as "township property rights houses". "Small property right house" is not a legal concept, but a conventional title formed by people in social practice. 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 property right certificate is not really legal and effective.
Only the real estate license without the land use right certificate will inevitably bring risks to the purchase and transaction of residential real estate.
1. It is difficult to understand the mortgage of land use rights and avoid risks in time.
2. It is difficult to find the fact that developers use land illegally.
3. Second-hand housing transactions will be affected. "Urban Real Estate Management Law" stipulates that when real estate is listed and traded, it is necessary to show the house ownership certificate and the state-owned land use right certificate.
4, will suffer losses in the demolition compensation. Article 3 of the Guiding Opinions on Urban House Demolition Valuation stipulates that the appraisal price of house demolition is the real estate market price of the house to be demolished. Therefore, the compensation for demolition includes not only the value of house ownership, but also the value of land use right. If the purchaser does not apply for the land use right certificate, he may not get the corresponding land use right compensation during the demolition process.
Can I buy a house with land use rights but no property rights?
You can buy it, but it's risky. In this case, it belongs to buying a small property right house, which is very risky. The price of small property houses is often very low, but the rights and interests can not be guaranteed after purchase. Buying a small property right house has at least the following risks:
1 is also not protected by law. According to the sixth paragraph of Article 37, Section 2, Chapter 4 of People's Republic of China (PRC) Urban Real Estate Management Law, the property that has not been registered according to law and obtained the ownership certificate shall not be transferred. So this kind of transaction is not recognized by the state and has no legal effect.
2, there is no normal compensation for demolition. The compensation for house demolition is based on the property right certificate and land certificate of the house. Without these two certificates, compensation can only be made as appropriate.
Legal basis: Article 36 of People's Republic of China (PRC) Urban Real Estate Management Law states that when real estate is transferred or mortgaged, the parties concerned shall register the ownership in accordance with the provisions of Chapter V of this Law.
Article 62 When a real estate is mortgaged, it shall be registered with the department designated by the local people's government at or above the county level. Where the land use right and house ownership are obtained due to the disposal of mortgaged real estate, the transfer registration shall be handled in accordance with the provisions of this chapter.