In 2018, when building a house in a rural area, there is no homestead certificate or real estate cer

1. The rural homestead certificate, referred to as the homestead certificate, refers to the certificate of the right of rural villagers to legally own houses and land, which can be transferred between members of the collective, but may not be transferred to non-members of the collective organization.

2. The homestead certificate is different from the real estate certificate.

1) The real estate certificate is a document that the buyer obtains the legal ownership of the house through the transaction, and can exercise the right to occupy, use, benefit and dispose of the purchased house in accordance with the law. In a general sense, the real estate certificate is the abbreviation of the house ownership certificate, which is a written certificate issued by the real estate registration authority to prove the ownership of the house.

2) The homestead certificate is the premise of the real estate certificate, and the homestead is allowed to build a house, but an application is required before building a house, and only after approval can you apply for a real estate certificate with the homestead certificate and the quasi-construction certificate.

3) The homestead certificate cannot be transferred, but the real estate certificate can. According to national law, homestead cannot be listed and traded, so the homestead certificate cannot be transferred. The property can be traded in the market, so the title deed can be transferred.

Extended Materials. 1. Conditions for handling homestead certificates.

1) To apply for a rural real estate certificate, it must be a local rural population;

2) Bring the homestead certificate and the farmer's identity certificate;

3) Apply for rural real estate certificates to the local township land and village construction departments.

2. Process: 1) Write a "land application". Indicate the area and address of your house in the "application", submit it to the local land and resources management office, and receive the "Approval Form for Land for Rural Residents to Build Houses" and fill in the relevant contents.

2) Hold the "approval form" to ask the community and the village to sign the opinion of agreeing to the construction, and return to the office for approval after stamping.

3) If the conditions are met, the local land management personnel will go to the scene to carry out the boundary survey and demarcation work, and then apply for the "Rural Residents Housing Land Permit" to you, that is, the legal procedures for land use have been obtained.

4) After the new house is built, whether the "real estate certificate" can be issued: it depends on whether the local construction department is handling the certificate; If it is being handled, it can be done.

5) The house to be bought is a commercial house or a house for rural residents. If it is a commercial house, it must have the "State-owned Land Use Right Certificate" and the "House Ownership Certificate".

No, there is no real estate certificate for houses in rural China!

Legal analysis: 1. When a rural villager builds a house, he or she first applies to the collective economic organization;

2. The village collective economic organization shall publicize the list of households applying for housing construction in a conspicuous place (more than 15 working days);

3. The Land and Resources Management Institute and the Town Social Affairs Office will conduct a preliminary examination on whether the applicant meets the conditions and whether the proposed land is in line with the plan;

4. After the expiration of the announcement period without objection, the land-using households that meet the conditions of "one household and one base" shall be reported to the township people for review and approval according to the regulations, and then submitted to the county people for approval (those who occupy agricultural land shall be reported to the city according to the regulations for the approval procedures for the conversion of agricultural land).

5. After the homestead is approved, the Land and Resources Institute and the town social affairs office will go to the site to approve the homestead and issue the site selection opinion, planning permit and construction permit ("one book and two certificates").

6. After the completion of the villagers' houses, the Land and Resources Institute shall inspect whether the land is used in accordance with the approved area and requirements, and issue collective land use certificates to the households that meet the requirements.

7. Villagers apply for house ownership certificates with land use certificates and planning permits.

Rural housing land use certificate application process: 1. Application; 2. Investigation; 3. Audit; 4, the examination and approval, after the review of the land area is clear, the boundary site is also accurate, the ownership is legal, there is no dispute principle, can be approved and announced, within one month of the announcement of no unit or individual to dispute, by the county people issued a collective land use certificate.

Legal basis: "Measures for Housing Registration" Article 30 Where an application for initial registration of house ownership is made for the legal construction of a house, the following materials shall be submitted:

1) Application for registration;

2) Proof of the applicant's identity;

C) the right to use the construction land certificate;

4) Proof that the construction project conforms to the plan;

5) Proof that the house has been completed;

6) Housing surveying and mapping report;

7) Other necessary materials.

Even if there is a homestead certificate, if you want to build a house, you need to go to the village committee, township ** and other relevant departments for approval, before building a house in the countryside, you must first go to the village committee and other departments to understand clearly, otherwise the house may be demolished or fined if you build a house privately.

Precautions for building houses in rural areas.

1. Don't build a house in a place that does not conform to the plan, and the location of the current farmland and water conservancy facilities on farmland is not tender to build a house.

2. To comply with the "one household, one house", the old house should be demolished before the new house is built.

3. Rural construction should not exceed the area and height, and each place has different regulations.

Homesteads can be built houses, but the construction of houses should be in line with the planning of land use. Rural residents shall use the original homestead land and the vacant land in the village to build houses, those who can use inferior land shall not occupy good land, those who can occupy wasteland shall not occupy cultivated land, and those who use state-owned land must go through the formalities of transferring it.

Article 62 of the Land Management Law: Rural villagers building houses shall conform to the overall land use plan of the township and the village plan, shall not occupy permanent basic farmland, and shall use the original homestead land and vacant land in the village as much as possible. The preparation of township land use plans and village plans shall make overall plans and rational arrangements for homestead land to improve the living environment and conditions of rural villagers. The residential land of rural villagers shall be reviewed and approved by the township people; Among them, if it involves the occupation of agricultural land, the examination and approval procedures shall be handled in accordance with the provisions of Article 44 of this Law.

If you build a house on a rural homestead, you can apply for a real estate certificate. According to the provisions of the Interim Regulations on the Registration of Immovable Property, the ownership of collective land, the ownership of buildings and structures such as houses, and the right to use homestead land and other immovable property rights shall be registered in accordance with the regulations.

[Legal basis].

Article 5 of the Provisional Regulations on the Registration of Immovable Property shall be handled in accordance with the provisions of these Regulations for the registration of the following immovable property rights: (1) collective land ownership; (2) Ownership of buildings and structures such as houses; (3) Ownership of forests and trees; (4) The right to contract and manage cultivated land, forest land, grassland, and other land; (E) the right to use construction land; (6) the right to use the homestead; (7) the right to use maritime space; (8) easements; (9) mortgage rights; (10) Other immovable property rights that need to be registered by law.

Self-built houses on rural homesteads approved for construction and use in accordance with the law may have a real estate certificate (i.e., a house ownership certificate) and a land use certificate. Article 82 of the Measures for Housing Registration, which came into effect on July 1, 2008, stipulates that villagers' houses built with homestead land in accordance with the law and houses built with round core land owned by other collectives in accordance with the law may apply for housing registration in accordance with the provisions of these Measures.

Excavation of orange bushes in the management of the soil

Article 62.

Rural villagers building houses shall conform to the overall land use plan and village plan of the township (town), shall not occupy permanent basic farmland, and shall use the original homestead land and vacant land in the village as much as possible. The preparation of township land use plans and village plans shall make overall plans and rational arrangements for homestead land to improve the living environment and conditions of rural villagers.

The residential land of rural villagers shall be reviewed and approved by the township people;

Among them, where the occupation of agricultural land is involved, the examination and approval formalities shall be handled in accordance with the provisions of Article 44 of this Law.

Interim Regulations on the Registration of Immovable Property

Article 15. The parties or their ** persons shall apply to the immovable property registration authority for immovable property registration.