Is Rongan Ruizhu Garden in Rizhao City a small property right?

Rong'an Ruizhuyuan in Rizhao City is not a small property right

1. The difference between a large property right house and a small property right house:

1. Commonly referred to as commercial housing ( Houses with large property rights must have all the "five certificates" and can be mortgaged, while houses with small property rights will not be registered and traded in the trading market, and cannot be purchased with mortgage loans.

2. The land for commercial housing with large property rights is state-owned for transfer (you can apply for a "State-owned Land Use Certificate"), while the land for small property rights is mostly collective land (you cannot apply for a "State-owned Land Use Certificate" of).

3. It is possible to obtain a pre-sale certificate for houses with large property rights, but the sale and purchase of houses with small property rights is expressly prohibited, let alone without a pre-sale certificate.

4. Houses with large property rights can be signed online and filed with the Housing Authority. Houses with small property rights cannot be registered with the Housing Authority.

5. Houses with large property rights can support bank mortgage loans, while houses with small property rights cannot support bank mortgage loans.

2. The so-called "small property rights" refer to houses built on farmers' collective land for which land transfer fees and other fees have not been paid. The property rights certificates are not issued by the national housing management department, but by the township government or village. It is issued by the government, so it is called "township property rights", also called "small property rights".

3. The so-called small-property properties issued by township governments actually have no real property rights. This kind of house does not have a land use certificate and a pre-sale license issued by the state, and the purchase contract will not be recorded by the Land and Housing Administration. The so-called property rights certificate is not a truly legal and valid property rights certificate.

Small-property houses refer to houses built on rural collective land for which land transfer fees and other fees have not been paid. Their property rights certificates are not issued by the national housing management department, but by the township government or village government. It is called "rural property housing". "Small property rights housing" is not a legal concept, but a customary term formed by people in social practice. This type of house does not have a land use certificate and pre-sale license issued by the state, and the purchase contract will not be registered with the Land and Housing Administration Bureau. The so-called property rights certificate is not a truly legal and valid property rights certificate.

The emergence of small-property houses is inseparable from the surge in urban housing prices. It has become a hot topic of social concern since 2007, when housing prices entered a rapid growth period. According to relevant national requirements, "small property rights housing" cannot be confirmed and issued a certificate, and is not protected by law.

China implements a dual land ownership structure, namely state-owned land ownership and collective land ownership. According to the provisions of the "Land Management Law of the People's Republic of China", rural homesteads are collectively owned, and villagers only have the right to use the homesteads. The sale of houses by farmers to urban residents is not recognized and protected by law. That is to say, legal procedures such as land use certificates, real estate certificates, and deed tax certificates cannot be processed. Therefore, houses with small property rights cannot be transferred or sold to third parties who are not members of the collective, and can only be transferred or replaced within the collective members.

References. Xinhuanet/house/xa/2014-02-13/c_119325155.htm