What is the latest policy content of Qingdao’s small property rights housing?

Hello, the latest policy content of Qingdao’s small property rights housing is: “For farmers’ collective land to be converted into state-owned land and rural rural areas without legal expropriation procedures through household registration system reform or village-to-residence reform, etc. Collective economic organizations illegally transfer or lease collective land for non-agricultural construction, and urban residents purchase rural housing sites, farmers' residences or houses with small property rights and other illegal land uses.

Extended information:

Registration and certification are not allowed. Those who fail to confirm and issue land rights in accordance with laws and regulations or regulate registration books will have serious consequences and the relevant personnel will be held accountable."

Small property rights houses (also known as rural property rights houses) refer to houses built on rural collective land, usually without applying for relevant documents and without paying land transfer fees and other fees.

The property ownership certificate of this type of house is not a real estate certificate issued by the national housing management department, but a collective ownership certificate issued by the township government or village government. Therefore, the purchase contract of this type of house cannot be filed with the Land and Housing Management Bureau. , the so-called property rights certificate does not have legal effect.

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 village collective members.

Houses with property rights issued by the state are called "houses with large property rights", and houses with no property rights issued by the state are called "houses with small property rights". The dispute between large and small-property houses is not the ownership of the house, but the land use rights. There are three main interpretations of small property rights:

1. For the developer’s property rights, the developer’s property rights are called large property rights, and the property rights of the home buyer are called small property rights. This term is Because the property rights of the home buyer are divided by the developer.

2. It is distinguished according to whether the land transfer fee needs to be paid when the house is re-transferred. Those who do not need to pay the land transfer fee are called large property rights, and those who have to pay the land transfer fee are called small property rights. According to this interpretation, ordinary commercial houses are houses with large property rights, and affordable housing is houses with small property rights.

3. They are distinguished according to the issuing authority of the property rights certificate. Those where the state issues property rights certificates are called large property rights. Those where the state does not issue property rights certificates are called small property rights, which are issued by the township government. It is a township property right, and the township property right does not constitute a real property right in the legal sense.

The small property rights explained in the first two explanations are legal. As long as the purchase price is paid in full or the land transfer fee is paid during the transfer, the property can be bought and sold freely. The legal provisions are relatively clear. The third explanation is that the legal nature of small property rights is highly controversial, and it is impossible to obtain a property rights certificate in the true legal sense.