The house with small property right that we hear everyday is not the development with low age of property right, but the house without property right certificate issued by national housing management department. Some houses will not be protected by law. Can we buy the house with small property right? How to compensate for the demolition of the house with small property right? Let's take you to know.
Can small property right house be bought now
Small property right house refers to the house built on the collective land of farmers without paying the land transfer fee. Its property right certificate is not issued by the national housing management department, but by the township government or the village committee, so it is called 'township property right', also known as' small property right '. In fact, the so-called small town government has no real property rights. This kind of house does not have the land use license and pre-sale license issued by the state, and the land and Housing Administration Bureau will not record the purchase contract. The so-called property right certificate is not a real legal and effective property right certificate.
Can small property houses be bought? First of all, the scale of small property community. If there are only one or two houses, it's better to be careful. Large scale projects are preferred, because the larger the scale, the more resistance the government will face if it wants to demolish them. In addition, try to buy an existing house, that is, after you pay the money, give the key immediately, and keep the payment voucher and so on. Don't buy the so-called "future house" with small property right. The house with small property right is illegal, and the future house is more risky.
How to compensate for the demolition of small property houses in 2019
Specifically, whether small property houses can get resettlement compensation in the process of demolition can be divided into two different situations
1. The nature of the small property right house belongs to the house that has gone through the examination and approval procedures, but the collective economic organizations expand the sales targets without authorization in the process of resettling their own collective citizens. According to the current laws and policies, non members of the collective economic organization are not allowed to buy houses built on collectively owned land, so the sales contract is invalid. In this case, it should be recognized that the ownership of the house is owned by the rural collective economic organization or the user of the homestead, and the benefits of resettlement compensation can only be enjoyed by the owner, that is, the collective economic organization and its members.
2. The house with small property right belongs to illegal construction. In this case, according to the second paragraph of Article 22 of the regulations on the administration of urban housing demolition, there is no compensation for demolishing illegal buildings and temporary buildings exceeding the approval period. Generally speaking, small property right houses can be considered for sale, but it should be noted that some small property right houses can not be transferred or even have policy risks, so that they can not get resettlement compensation in the process of demolition.