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There is no commercial housing in rural China. It is a house developed and constructed by the developer for sale, which can do the property right certificate and land certificate, and can be customized as the property right house.
Commercial housing only refers to the houses approved by the relevant departments, developed by the real estate development and management company, and used for market rental after completion, including residential, commercial buildings and other buildings, while self-built, participated in the construction, commissioned construction, and self-use of residential or other buildings do not belong to the scope of commercial housing.
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There is no commercial housing in rural areas.
Analysis: Under the conditions of market economy, the residential buildings operated by real estate development companies (including foreign-invested enterprises) with business qualifications after obtaining land use rights through transfer are all at market price**.
Before building a house, villagers should first apply to the village collective organization for the right to use the homestead and obtain the certificate of the right to use the collective land issued by the land department.
Then apply to the local town (street) planning and construction office for the approval procedures for housing construction before construction.
After the completion of the house, the villagers shall apply to the Planning and Construction Office for the completion and acceptance of the house and obtain the certificate of passing the planning acceptance.
Therefore, houses in rural areas are not commercial houses, and residential land is collectively owned and cannot be freely transferred.
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Commercial housing refers to the housing built by real estate development and management enterprises. Residential and other houses that are self-built or entrusted to a construction unit to build or participate in the unified construction and use by themselves in the case of non-commercial housing.
There is no commercial housing in rural areas.
As a villager, residential land is collectively owned and cannot be freely transferred.
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There should be no one in the countryside. It should be the property of the collective. It does not belong to commercial housing.
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There should be no one in the countryside.
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1. Whether rural houses can be bought and sold.
1. Rural houses can be bought and sold. However, there are restrictions on the subjects of buyers and sellers. According to the laws of our country, the seller is generally a rural collective economic organization.
There are two situations for the buyer: one is a member within the collective economic organization, and the other is a member outside the collective economic organization.
2. Legal basis: Land Management Law.
Article 62: A rural villager household may only own one homestead plot.
The area of their homestead land shall not exceed the standards prescribed 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 land, 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 building houses shall conform to the overall land use plan and village plan of the township (town), and shall not occupy permanent basic farmland.
And try to use the original homestead and vacant land in the village. The preparation of township (town) land use plans and village plans shall make overall plans and reasonable 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 people of the township (town); Among them, it involves the occupation of agricultural land.
shall go through the examination and approval formalities in accordance with the provisions of Article 44 of this Law.
Rural villagers who sell, lease, or donate their dwellings and then apply for homestead land shall not be approved.
The State allows rural villagers who have settled in urban areas to voluntarily withdraw from their homesteads with compensation in accordance with the law, and encourages rural collective economic organizations and their members to revitalize and utilize idle homesteads and idle residences.
The competent departments of agriculture and rural affairs are responsible for the work related to the reform and management of rural homesteads nationwide.
2. What should be paid attention to in the rural housing sales contract.
1. Rural houses can only be bought and sold among the villagers of the village. If it is sold to villagers in other villages, the contract is invalid and is not protected by law.
2. It is necessary to sign a contract for the sale and purchase of the house, and stipulate in detail the contents of the house, **, payment method and liability for breach of contract.
3. Rural houses can also be sold through the house transfer procedures.
4. There is no real estate certificate.
, with the consent of the villagers' committee and the issuance of the relevant homestead transfer certificate, so that it can be used in the future when applying for the real estate certificate.
5. Be cautious in the purchase and sale of rural houses, and for such transactions, the court is based on the principle of finding invalid. To be effective, the requirement is that the buyer and seller are members of the same collective economic organization and have been approved (or meet the approval conditions, such as no homestead, etc.).
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Rural houses can be bought and sold. The sale and purchase of rural houses requires that the seller and the buyer are villagers of the same village, the buyer meets the standards for the use of homesteads, the construction of the houses is legal and meets the local standards, and the sale and purchase are reported to the village committee for approval.
2. Legal basis: Land Management Law.
Article 11 The land owned by the peasant collectives belongs to the village peasant collectives in accordance with the law, and shall be operated and managed by the village collective economic organizations or villagers' committees; Where a farmer's collective is already owned by two or more rural collective economic organizations in the village, it shall be operated and managed by each of the rural collective economic organizations or villagers' groups in the village; Those that are already owned by township (town) peasant collectives shall be operated and managed by township (town) rural collective economic organizations.
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Houses in rural areas belong to homesteads, houses belong to individuals and private ownership, and land belongs to collective ownership.
Article 8 of the Land Administration Law establishes the ownership of various types of land, including homestead ownership, which stipulates that "land of a wide age in rural areas and suburban areas shall be owned by peasant collectives, except for those that are owned by the State as prescribed by law; Homesteads, self-cultivated land, and self-cultivated mountains belong to peasant collectives. ”
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Commercial housing emerged in China in the 80s, it refers to the real estate development companies with business qualifications (including foreign-invested enterprises) through the transfer of land use rights after the operation of the house, all according to the market price**. Commercial housing can be developed in rural China, because the land in rural areas is collectively owned and does not have the qualifications to develop commercial housing.
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Legal Analysis: Houses in the countryside cannot be bought and sold freely. According to the provisions of the Land Management Law, rural collective land is collectively owned, and it is forbidden to buy and sell it among members of non-rural collective organizations.
The land in the rural areas is collectively owned, and the houses are built on the collective-owned land, and the purchase and sale of houses inevitably involves the purchase and sale of homesteads, which are prohibited by China's laws and regulations, so houses cannot be bought and sold freely.
Legal basis: Article 62, Paragraph 1 of the Land Management Law of the People's Republic of China A rural villager household can only own one homestead land, and the area of the homestead shall not exceed the standards set by provinces, autonomous regions and municipalities directly under the Central Government.
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Houses in the countryside cannot be bought and sold freely. According to the provisions of the Land Management Law, rural collective land is collectively owned, and it is forbidden to buy and sell it among members of non-rural collective organizations. The land in Nongzaozai Village is collectively owned, and the houses are built on collectively-owned land, and the sale of houses inevitably involves the sale and purchase of homesteads, which are prohibited by China's laws and regulations, so houses cannot be bought and sold freely.
Legal basis: The first paragraph of Article 62 of the Land Management Law stipulates that a rural villager household can only own one homestead, and the area of the homestead shall not exceed the standard set by the province, autonomous region or municipality directly under the Central Government.
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The house in the countryside is an authentic shed house, and the word house is the earliest chain to refer to the lack of a rural house, <>
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If the rural house has a real estate certificate, it will be counted into the real estate under the name, but it is not included in the total number of Zheng Ji's family houses, and the rural houses are used as collective land, and do not include which can be counted into commercial housing, which is essentially a small property right house, but it is legal for villagers to hold it, and it will not affect the purchase of commercial housing if there is a rural house under the name of the talking cong code.
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