不动产登记历史遗留问题

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广东明确小产权房一律不得登记!中介:“投资热”已大幅降温
证券时报· 2025-07-10 14:40
Core Viewpoint - The article discusses the recent issuance of guidelines by the Guangdong Provincial Natural Resources Department aimed at addressing historical issues related to real estate registration on state-owned construction land, effective from August 4, 2025, for a duration of five years [1]. Summary by Sections Guidelines Overview - The guidelines apply to urban residential properties built and sold on state-owned construction land before December 31, 2024, which have not completed the initial or transfer registration of land use rights and property ownership, leading to difficulties in registration and protection of legal rights [1]. - The guidelines address eight types of historical issues, including incomplete land use procedures, planning verification, unclear or missing application subjects, incomplete acceptance procedures, unpaid land transfer fees and taxes, inconsistent land and property information, cross-plot construction, and existing mortgages or seizures [1]. Prohibitions and Restrictions - The guidelines explicitly prohibit the legalization of illegal land use or construction through registration and forbid the processing of projects that have followed normal application procedures under the guise of historical issues [1]. - It is stated that "small property houses," constructions violating permanent basic farmland and ecological protection red lines, are not eligible for registration [1]. Market Context - The article notes that despite the illegal status of small property houses, the market for them has thrived for years as an underground market, although recent years have seen a significant decline in investment interest due to government crackdowns [2]. - Interviews with real estate agents indicate that the purchasing process for small property houses lacks legal protection, with common issues such as multiple sales of the same property and owner retraction [4]. - A 2021 notice from Shenzhen's housing and planning authorities highlighted increased enforcement against the trading of illegal residential properties, including small property houses and speculative practices surrounding relocation and resettlement housing [4].