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What risks do houses without real estate certificates and small property rights face?

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Article author:Yingting Lawyers Group | Update time:2023-07-04 | Reading times:314

1. Small-property houses without real estate certificates or property rights certificates do not have land use certificates and pre-sale licenses issued by the state. The purchase contract cannot be filed with the housing authority. Therefore, you cannot have a real estate certificate. To apply for a property rights certificate, you need a state-owned land use certificate, a construction land planning license, a construction project planning license, a construction project construction license and a commercial housing sales pre-sale license.

Developers of houses with small property rights do not have five certificates, and buyers of houses with small property rights cannot apply for property rights certificates.
2. Bank loans and mortgage loans are not allowed. If you need to buy a house with small property rights, you need to pay the loan in one go. Not only can you not get a loan to buy a house, but even if you buy a house, you cannot mortgage the house to a bank for a loan.
3. It is difficult to trade a house with small property rights. If a house with small property rights is sold to a third party who is not a member of the collective, the property transfer cannot be completed because there is no real estate certificate. The buyer of the house with small property rights can sign a house sales agreement with others again to achieve the purpose of selling one house twice or selling more than one house. The interests of the third party will not be protected.

Beijing demolition lawyer consultation Yingting Law Firm is mainly engaged in administrative litigation for large and medium-sized enterprises, government-enterprise disputes and other difficult legal issues. Yingting Law Firm's land acquisition and demolition lawyers involve legal services such as investment promotion projects, corporate relocation, land recovery, mineral resource suppression, maritime rights disputes, corporate restructuring and bankruptcy. If you have any relevant questions, please call or leave a message, we will reply as soon as possible.

4. It is difficult to compensate for demolition and the quality is not guaranteed.

Legal basis: Article 60 of the "Urban Real Estate Management Law of the People's Republic of China". The state implements a registration and certification system for land use rights and house ownership. "Article 209 of the Civil Code of the People's Republic of China. The establishment, change, transfer and elimination of real estate property rights shall be effective upon registration in accordance with the law;
Without registration, it will not be effective, except as otherwise provided by law.

For natural resources owned by the state in accordance with the law, the ownership does not need to be registered. Article 215 of the Civil Code of the People's Republic of China. A contract concerning the establishment, modification, transfer and elimination of real property rights concluded between the parties shall, unless otherwise provided by law or otherwise agreed by the parties, be effective upon the establishment of the contract; failure to register property rights shall not affect the validity of the contract. If you want to know more about this, you can consult a Beijing demolition lawyer for one-on-one online consultation with a lawyer from Yingting Law Firm.

The legal knowledge in this article does not represent legal advice. If you encounter similar problems, you should analyze them in detail.


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