The real estate ownership certificate, also known as the "real estate certificate", is the proof that the right holder enjoys the real estate right, and the proof that the buyer obtains the legal ownership of the house through the transaction, which means that the buyer can exercise the right to occupy, use, benefit and dispose of the purchased house in accordance with the law. If the house does not obtain the real estate certificate, it means that the buyer is not able to fully exercise the four major powers of ownership, the important thing is that the buyer's right to dispose of is limited, once there is a problem in the later stage, the legitimate rights and interests of the buyer will not be protected, and if there is no real estate certificate of the house, it is difficult to move the hukou, if the land is expropriated in the future, because the expropriation interest is aimed at the owner, then the owner of the right to use the house will face an embarrassing situation, Even if the purchased property only has the right to use, it is not possible to mortgage the property or set up the right of residence and other security and usufructuary rights in the future, and in real life, buyers should pay special attention to the following types of properties:
1. Small property rights.
"Small property right house" is not a legal concept, is a conventional title formed by people in social practice, refers to the construction of houses on rural collective land, because the land is not transferred through normal channels, the land transfer fee and other fees have not been paid, and the property right certificate is not issued by the state housing management department, but issued by the township ** or village, also known as "township property right house". This kind of small property right house, the law provides that it can be transferred between the members of the collective economic organization, according to the existing laws and policies, the small property right house built on the rural collective land is prohibited from being traded in the market, in the case of rapid urbanization, land expropriation brings huge demolition benefits, some rural residents will be small property rights house, and then violate good faith and disregard for morality, to pursue small property rights house, most courts will confirm that this kind of house sale contract is invalid.
2. Affordable housing less than 5 years old.
Affordable housing refers to the provision of preferential policies, limited set area and sales, in accordance with reasonable standards of construction, for urban low-income housing families with difficulties, with the nature of the policy housing, in accordance with the regulations, the purchase of affordable housing for five years before the real estate certificate can be listed, if the purchase of affordable housing is less than five years, the affordable housing purchaser and others signed the affordable housing sales contract, delivery of the house, or agreed to transfer after five years, Because it does not conform to the purpose of the policy of affordable housing to solve the housing difficulties of low-income families in urban areas, it disrupts social order and harms the interests of other low-income groups, and the sales contract is invalid because it causes damage to social interests.
3. Demolition and resettlement housing.
Demolition and resettlement housing, also commonly known as "resettlement housing", is a different type of housing from the above-mentioned affordable housing, and the policy objectives and legal interests of the two are different. In terms of nature, the demolition and resettlement housing is the overall compensation for the demolished person, which is of a value nature; Affordable housing protects the interests of low-income people in urban areas and is guaranteed. From the perspective of protected groups, demolition and resettlement housing includes rural housing resettlement and urban housing resettlement, while affordable housing is based on the resettlement of urban low-income people. Therefore, for the sale and purchase contract of demolition and resettlement housing, it does not involve the issue of disturbing the public interest, the validity of the sales contract is valid, and it takes five years for the purchase of demolition and resettlement housing to be listed and traded.
4. Public rental housing.
Public rental housing refers to the construction and sale of residential buildings invested by the state, state-owned enterprises and public institutions, and the property rights (right of possession, use, income, and disposal) of the residence are owned by the state before the residence. Generally, individuals only have the right to lease and not ownership, so they cannot buy and sell. At present, the public housing rented by residents is divided into two categories according to the housing reform policy: one is saleable public housing and the other is non-saleable public housing. According to the different property owners (management departments), public housing is divided into directly managed public housing and self-managed public housing, the former refers to the public housing directly managed by the ** real estate management department, and the latter refers to the public housing managed by government institutions, social organizations, and state-owned enterprises.
5. Individual commercial housing.
When buying a new house, the project needs to have "five certificates and two certificates", and the "five certificates" of real estate refer to the "Construction Land Planning Permit", "Construction Project Planning Permit", "State-owned Land Use Certificate", "Construction Project Construction Permit" and "Commercial Housing Pre-sale (Sales) License". The "two books" are the "Residential Quality Assurance Certificate" and the "Residential Instruction Manual". Due to the fact that some developers may have problems with their qualifications, or the plan is changed privately during the construction of the project, or after the project is completed, the acceptance is unqualified, etc., which will lead to the inability to obtain the real estate certificate. When buying commercial housing, attention should be paid to reviewing the qualifications, scale, strength of the developer and whether the "five certificates and two certificates" have been obtained for the developed real estate, so as to prevent the risk of the developer running away and the project being unfinished in the later stage.