Item 3 of Article 37 of the Guarantee Law and Item 3 of Article 184 of the Property Law explicitly prohibit the mortgage of "educational facilities, medical and health facilities and other public welfare facilities of schools, kindergartens, hospitals and other institutions and social organizations".
Not all houses can apply for real estate mortgage loans, such as schools, kindergartens, hospitals and other public welfare houses, houses with outstanding loans, small property houses without real estate licenses, affordable housing for less than 5 years, and second-hand houses with too long housing age and too small area.
Generally speaking, the validity of the "small property right house" sales contract is deemed invalid. But also to distinguish between different situations:
When members of rural collective economic organizations buy and sell rural houses within their own townships, the contract for the sale of houses shall be deemed valid.
If the house is sold to people outside their hometown, the contract can be deemed valid with the approval of relevant organizations and departments.
If the house is sold to a person outside his hometown, the contract is invalid without the approval of the relevant organizations and departments, or the buyer does not actually live and use the house.
Causes of small property houses under information expansion
1. Urban housing prices are too high: the high housing prices in many large and medium-sized cities in China are one of the important reasons for the birth of small property houses. Due to the unbalanced economic and social development in China, the housing prices in several big cities rose rapidly for a long time, far exceeding the income level of ordinary local workers at that time. At the same time, the construction of affordable housing and low-rent housing cannot meet these housing needs. There are a large number of realistic buying groups in small property houses.
2. Space for scratching the edge: According to the law, farmers can operate their own houses and collective construction land owned by rural collectives, and houses built by farmers can also be traded. It is precisely because there are many ambiguous places in policy and law that the construction of small property houses is rampant everywhere, leaving room for small property houses between legal and illegal.
3. Unreasonable agricultural land system: Small property houses are properties built by farmers collectively on their collectively owned construction land and homestead, and there is no need to pay the leasing fees for land use rights handed over to the government by similar developers (including the land acquisition fees paid by the government for farmers' collective land).
Baidu encyclopedia-small property right house