Limited Ownership Of Affordable Housing Defects And Perfection

This paper starts from the rules of China’s basic housing system, analyzing the process of indemnificatory housing development, social backgrounds and existing types. Amongthem, the economic applicable housing and raising housing units are two types of basic housing related to the limited property rights. To construct and manage the raising housing units is referring to the rules of economic applicable housing. Based on the current regulations, if the buyers of basic housing will get the limited property rights, laws do not mention any. Therefore, identify the limited property rights mainly based on five aspects: property entitle, property publication, the usage of condominium’s rights, limited purchasers’ behaviors, unfreeze purchasers’ full rights after five years since the time they buy. Among relevantlaws and regulations, there are contradictions in these five aspects, which directly resultedthe qualitative difficulties of the limited property rights, so that basic housing system is notconsistent with the current law. Based on the current situation of the legislation, this articleelaborated the basic housing to be supposed however the localization, according to thedesign requirements of basic housing system in China, the limited property rights shouldnot be the name of a property, but should be a comprehensive right. Adverse consequencesthat caused by legislative shortcomings of China’s limited property rights are mainly twoaspects: Firstly, contrary to the principal of legality of right in rem; secondly. The laws inforce not only breaches the legal compulsory standardization, but also make against theprotection of the buyer’s right. Secondly, constrary to the principal of equal rights andobligations. The rights and obigations are not fair between the buyers and the government,and even influence of the real estate product market security. To solve the legislativeshortcomings above, consulting the public housing legislation mode of the UK andSingapore, the writer established two kinds of legislation mode. What’s more, accoeding tothe basic housing system of China and current policy, the writer made suggestions ofperfects the basic housing legislation.