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The transfer of ownership can be carried out, but it must be approved by the village committee and the county-level real estate management department, and the buyer must also be the collective, and the transfer must be announced at the location of the house.
Rural self-built housing transfer process:
Rural residents apply for homestead land.
and building procedures.
1) Conditions for rural residents to apply for homestead land.
Rural residents applying for homestead land must meet the following conditions:
First, rural residents must be at least 18 years old and meet the conditions for separation;
Second, the construction of houses by rural residents must conform to the overall land use plan.
and annual land use plans and village and town construction plans;
The third is the quota standard for rural residents to build houses, and the quota area for using the original homestead and idle land in the village is 180 square meters, and agricultural land is used.
The limited area is 140 square meters;
Fourth, rural residents must build houses with "one household and one foundation";
Fifth, rural villagers who are renting out and selling their original homestead land and then applying for homestead land will not be approved;
Sixth, non-rural households are strictly prohibited.
and others to buy a homestead in the village.
2) The principles that should be followed by peasants in building houses.
Rural residents shall use the original homestead land and the vacancy in the village to build houses.
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Can a self-built house be transferred in layers?
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This needs to depend on the nature of the land, collective land cannot be bought and sold, and the transfer and real estate certificate cannot be handled; State-owned land can be traded, and the ownership can be transferred and the real estate certificate can be processed. The specific transfer process is as follows:
1. If the transfer of the real estate certificate does not go through the real estate agency, the terms of the contract and the terms of breach of contract must be clearly written, and the party with the name on the seller's real estate certificate must be present when signing the contract (if it is married, both husband and wife need to be present and sign, even if there is only one person's name on the real estate certificate).
2. After the application materials are ready, you must go to the real estate bureau to fill in some ** and a stock contract, and the amount on the stock contract must be the same as the amount on the signed contract.
3. After the application materials for the transfer of real estate are handed over to the Real Estate Bureau, the Real Estate Bureau will give a receipt to pay the tax according to the date stated on the receipt, which generally takes about 15 working days.
4. After the real estate transfer tax is paid, you can get the real estate certificate.
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Self-built houses generally refer to the houses and buildings built by units and individuals who own their own land, organize and construct by hiring others.
Generally speaking, self-built houses exist in rural land, which is allocated and owned by the collective economy, and generally cannot be traded, and if it is to be traded, it should also be circulated in the village.
1. Can rural collective land be purchased?
Rural collective land may not be bought or sold.
Land in rural areas and on the outskirts of cities is collectively owned, except as provided for by law and belonging to the State; Homesteads, self-cultivated land, and self-cultivated mountains are also collectively owned. The ownership of rural collective land belongs to the state, and the sale and purchase of rural collective land is illegal. Rural land belongs to collective land, ownership belongs to the collective, and only members of the collective organization can do so, and non-members of the collective organization can only lease it.
The sale and purchase of rural collective land can only be legally obtained through the circulation of rural collective land. Real estate on rural collective land is not allowed to enter the trading market. The sale and purchase of rural houses can only be carried out within the rural collective, otherwise the sale and purchase will be illegal and the contract will be invalid.
2. What is the income from the transfer of land to metals?
Land transfer metal to property income. The transfer of peasants' land needs to be voluntary, and the ownership of the land is not disputed, and the parties to the transaction are natural persons, legal persons or other organizations that have the capacity for civil rights and civil conduct. Farmers who want to transfer their land must be the owners of the land.
There are also organizations or individuals entrusted by property rights holders. The transaction of land in circulation must comply with the provisions of the law and the provisions of policies such as environmental planning, agricultural industry development planning, land use master planning and urban-rural integration construction planning.
3. Where can a rural detached house buy a house without a real estate certificate?
Properties that do not have title deeds are not allowed to be traded. Because the purchase and sale of real estate is subject to the registration of ownership transfer (also known as "transfer"), the transfer of ownership of real estate without property right certificate cannot be handled, and the state does not protect the real estate transaction that does not exceed the household. Houses are listed and traded, and there are several scenarios:
The land acquired by the developer through legal channels is listed and traded. This kind of house should have both the real estate certificate and the land certificate, and the nature belongs to the commercial house; Rural land is built with funds for the construction of houses. This type of house can only be purchased by those who have a household registration in the village; Relocation houses, Ancong pants houses, etc., such houses may need to pay a certain amount of taxes before they can be traded.
Article 231 of the Civil Code provides that where a real right is established or extinguished as a result of a factual act such as the lawful construction or demolition of a house, it shall take effect when the factual act is completed.
Article 232 of the Civil Code provides that if the disposition of the immovable property rights enjoyed in accordance with the provisions of this section is required to be registered in accordance with the provisions of the law, the real rights shall not take effect without registration.
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Self-built houses can be transferred, but generally only within the village. Land in rural areas is in the nature of allocation, and it is also owned by the collective economy, and generally speaking, it cannot be traded, and if it is to be traded, it should also be transferred in the village.
1. What are the conditions for the resale and transfer of homesteads?
First of all, the transferor must obtain the consent of the village committee; The transferor's household registration has moved out of the village or "one household with multiple houses or multiple houses"; secondly, the transferor and the transferee are from the same village; Furthermore, the transferee has no homestead; Finally, the right to use the homestead cannot be transferred separately, but must be transferred together with the house. Because rural land is collectively owned, its circulation can only be within the collective economic organization. To sum up, there are five conditions for the transfer of the homestead.
2. Are the rights of owners of small property rights protected by law?
The sale and purchase of houses with small property rights is not protected by law, and houses with small property rights are houses on rural collective land, which can only be circulated and traded by collective members in the village, and cannot receive real estate ownership certificates or be registered, so their transactions and transactions are illegal and of course not protected by law.
According to Article 9 of the Land Administration Law, land in urban areas belongs to the State.
Land in rural areas and on the outskirts of cities shall be owned by peasant collectives, except as provided by law for the State; Homesteads, self-cultivated land, and self-cultivated mountains belong to peasant collectives.
Article 10 stipulates that state-owned land and land owned by peasant collectives may be designated for use by units or individuals in accordance with the law. Units and individuals using land have the obligation to protect, manage, and rationally use land.
3. Can state-owned land be bought and sold privately?
State-owned land may not be sold by private individuals. According to the nature of land in our country, it is generally divided into two situations: state ownership and collective ownership. Regardless of its nature, such land cannot be privately sold, because its ownership cannot be transferred, and the right to use it can be transferred, but private individuals cannot buy and sell it at will.
If it is collectively owned land, it needs to be circulated in the village, that is, only the villagers of the village, and certain conditions must be met before it can be transferred privately. However, the right to use can only be transferred, and the ownership remains with the State.
Article 231 of the Civil Code.
Where a real right is established or extinguished as a result of a factual act such as the lawful construction or demolition of a house, it shall take effect when the factual act is accomplished.
Article 232.
Where the disposition of the immovable property rights enjoyed in accordance with the provisions of this section is required to be registered in accordance with the provisions of the law, the real rights shall not take effect without registration.
Article 62 of the Land Administration Law.
Rural villagers can only own one homestead per household, and the area of their homestead must not exceed the standards set by provinces, autonomous regions, and municipalities directly under the Central Government.
In areas where per capita land is small and it is not possible to guarantee that a household has a homestead, the people at the county level may, on the basis of fully respecting the wishes of rural villagers, take measures to ensure that rural villagers have a place to live in accordance with the standards set by provinces, autonomous regions, and municipalities directly under the Central Government.
Rural villagers who sell, lease, or donate their dwellings and then apply for homestead land shall not be approved.
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