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As the price of commercial housing in various cities continues to soar, many people who want to buy a house are deterred, so some people have turned their attention to low-priced houses with small property rights. So what does a small-property house mean? Does it have a real estate certificate? Next, let’s take a look with the editor of Yingting Law Firm.

What does a house with small property rights mean? Does it have a real estate certificate? Houses with small property rights usually refer to houses similar to commercial houses built on rural collective land a few years ago in the name of new rural construction. However, unlike commercial houses, which do not need to pay land transfer fees, their property rights certificates are usually issued by the township government, so they are called houses with small property rights. However, this kind of small property rights are not recognized by the national housing management department.

Yingting's demolition lawyers specialize in: rights protection for various types of houses and breeding farms and other building structures that are deemed illegal construction (illegal construction), expropriation and demolition of companies, enterprises, factories, and breeding farms, expropriation and compensation of houses on state-owned land, rural land expropriation and housing resettlement compensation, administrative agreements, etc. The scope of agency covers Beijing, Shanghai, Tianjin, Yunnan, Guizhou, Sichuan, Chongqing, Xinjiang, Qinghai, Gansu, Jilin, Liaoning, Shandong, Hebei, Henan, Hubei, Hunan, Shaanxi, Anhui, Jiangsu, Zhejiang, Jiangxi, Guangdong, Fujian, Hainan and other regions.

The study found that houses with small property rights are not a legal concept, but a common name formed by people in social practice. Currently, the so-called "houses with small property rights", also known as "houses with rural property rights", refer to properties with property rights certificates issued by the township government instead of the state. Therefore, "small property rights" is actually "township property rights" and "collective property rights", and it does not really constitute property rights in a strict legal sense.

To put it more bluntly, "small property rights houses" are houses built on collective land sold by some village collective organizations or developers in the name of new rural construction, or "commercial houses" built by farmers themselves. On the other hand, the main criterion for defining large property rights houses and small property rights houses in the house purchase process is to look at the source of the land occupied by the real estate.

If the property is allocated or transferred by the state (that is, the local government) and is a property with large property rights (except affordable housing), the corresponding land use fees have been paid to the state at the beginning of construction. After the individual purchases it, it is recognized by the state and can be sold or mortgaged. Because of the above factors, there are many legal risks when buying a house with small property rights.

Houses with small property rights actually have no property rights. Such houses have neither land use certificates nor pre-sale licenses. According to regulations, the state explicitly prohibits the registration and issuance of certificates for houses with small property rights. The Land Resources and Housing Administration will not record the purchase contract. At the same time, as the country gradually implements the replacement of real estate certificates, houses with small property rights cannot be obtained. However, it should be noted that although there is no way to obtain normal real estate certificates and real estate certificates for houses with small property rights, it does not mean that houses with small property rights do not have legal documents. For example, many people who buy houses with small property rights have to return a blue "real estate certificate" called "Collective Land Use Certificate" 》 (such as homestead use certificate, etc.), but having this certificate does not mean that the house is yours. It only means that the land use certificate is recognized by the local government within a certain range. To put it simply, you have only obtained the right to use the house, and the property rights of the house are still not yours.

Therefore, strictly speaking, it is impossible for houses with small property rights to obtain a house property certificate issued by the state. If someone lies to you and says that you can apply for a real estate certificate for a house with small property rights, then he is definitely lying. Buyers should not be fooled! If you want to know more about this, you can consult lawyer Ying Ting for one-on-one online consultation.

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