"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.
The emergence of small property houses is closely related to the soaring urban housing prices, which have become the focus of social attention since 2007. According to the relevant requirements of the state, "small property houses" are not allowed to issue certificates and are not protected by law.
How to transfer a small property right house?
Application for going to the township land. Submit relevant materials (such as land use certificate/house ownership certificate/sales contract, etc. ). The local land and resources bureau shall review the ownership information provided by the applicant. Field survey, investigation and announcement. Report to the Land and Resources Bureau for examination and registration. Issue certificates.
1. The buyer and the seller establish information communication channels, and the buyer knows the overall situation and property rights of the house, and requires the seller to provide legal documents, including house ownership certificate, identity certificate and other documents. If the house provided by the seller is legal and can be traded on the market, the buyer can pay the house purchase deposit (paying the house purchase deposit is not a necessary procedure for the sale of commercial housing), and the buyer and the seller sign a house sales contract (or house sales contract).
2. After the buyer and the seller reach an agreement on the location, property right status, transaction price, delivery time, delivery method and property right disposal of the house, both parties shall sign a house purchase and sales contract in at least three copies.
3. Refuse to apply for no property rights or part of property rights, and prohibit listing and trading without the written consent of other property owners.
4. At present, many places have cancelled the sales contract of real estate in the transaction process, which is also commonly known as "white deed". Pay taxes. The composition of taxes and fees is more complicated, depending on the nature of the transaction house.
5. Go through the formalities of property right transfer. After the real estate transaction management department completes the registration of property right change, both parties will hand over the transaction data to the issuing department, and the buyer will apply to the issuing department for a new property right certificate with the Notice of Obtaining Property Right Certificate.
What is a small property right house?
"Small property right house" is not a legal concept, but a conventional title formed by people in social practice. The so-called "small property right house" refers to the house built on farmers' collective land without paying the land transfer fee, and its property right certificate is not issued by the national housing management department, but by the township government or village Committee, so it is called "township property right house" or "small property right house".