How to buy a rural house legally, how to legally buy a house in the countryside?

1. How to legally buy a rural house.

1. Pay attention to the following points when buying a house in rural areas in order to be protected by law:

1) The purchaser must be a member of the collective of the village. Urban residents are not allowed to buy self-built houses in rural areas;

2) The seller must have the right to occupy, use, benefit and dispose of the house he owns;

3) The buyer has the conditions to apply for a homestead;

4) It is necessary to obtain the consent of the villagers' committee and handle the change for the record with the local land management department.

2. Legal basis: Article 62 of the Land Management Law of the People's Republic of China.

1) Where rural villagers apply for homestead land after selling, renting, or donating their residences, it will not be approved;

2) The State allows rural villagers who have settled in cities 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;

3) The competent departments of agriculture and rural affairs are responsible for the reform and management of rural homesteads nationwide.

2. How to confirm the right of a rural house if there is a dispute.

1. The office of the village committee, the land for public welfare undertakings and public facilities such as medical care, education and health, the land used by township enterprises and other collective land approved for non-residential construction in accordance with the law shall be registered and issued in accordance with the law to confirm the right to use the land for collective construction; 2. Confirm the collective land use right to each right subject in accordance with the law. Any unit or individual that uses collective construction land in accordance with the law shall apply for confirmation of ownership registration;

3. Use the principles and methods of land right confirmation to determine the type, nature, subject, object, and content of specific land rights in practice;

4. Master the types of land ownership disputes, the handling methods, handling organs and procedures stipulated in the current laws, regulations and rules; Apply the provisions on the mediation of land ownership disputes, and propose methods and procedures for handling specific dispute cases;

5. Use the laws and policies of land right confirmation and dispute mediation, analyze specific dispute cases, and put forward handling opinions.

According to the current state regulations, only residents with rural hukou can own a homestead on the collective land of their village and build a dwelling. If it is an urban hukou, or it is not a local rural hukou, it is estimated that it is difficult. At present, there is no legal way for people with urban hukou to go to the countryside to buy land (rent land) and build houses, because the land law stipulates:

Rural land is collectively owned and cannot be bought or sold between private individuals, so although you sign a land use right transfer agreement with the village committee to obtain the land use right, the house you build on this land only has your own right of residence, not ownership (that is, the right to sell).

Is there any procedure required to ask a question?

Answer: The purchase and sale of rural houses can be divided into three categories: one is the sale and purchase of rural houses between urban residents and rural residents; The first is the sale and purchase of rural houses between rural residents and members of the collective economy; The first category is the sale and purchase of rural houses between rural residents and non-members of the collective economy.

According to the "Land Management Law of the People's Republic of China", the "Notice of the General Office of the People's Republic of China on Strengthening the Management of Land Transfer, and the Opinions on Strengthening the Management of Rural Homesteads" of the Ministry of Land and Resources, and other relevant laws, regulations and policies, the contract for urban residents to purchase houses in rural areas is invalid.

2. With regard to the validity of the housing sales contract that is not a member of the same collective economic organization, according to the provisions of the "Land Management Law", the rural land belongs to the collective economic organization, that is to say, only the members of the collective economic organization can enjoy the right to use the collective land, so Article 153 of the "Property Law" makes the following provisions: The acquisition, exercise and transfer of the right to use the homestead land shall be governed by the Land Management Law and other laws and relevant state regulations. Therefore, a contract for the sale and purchase of a house signed by a member who is not a member of the same collective economic organization is also invalid, because according to the law, it is not possible to register the transfer of ownership of the homestead.

The land in the countryside only belongs to the collective, and if the house is transferred to a non-member of the collective, it will undoubtedly infringe upon the public interest of the collective and the legitimate rights and interests of others, and the contract is invalid.

3. The law does not prohibit the sale and purchase of houses by members of the same collective economic organization, but only stipulates that once a villager transfers his house to another person, he cannot apply for a homestead land. However, even the purchase and sale of houses between members of the same collective economic organization must meet the following conditions:

1) The transferor and the transferee are members of the same collective economic organization;

2) The transfer must be subject to the consent of the collective economic organization;

3) The right to use the homestead cannot be transferred separately, but must be transferred together with the legally built housing.

4) The transferee meets the conditions for the allocation of homestead use rights.

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Lot number, cover yourself! If the house in the countryside now needs to have a land number, it can be. Otherwise, there will be nothing when the demolition is requisitioned!

Or go to a notary office to notarize and prove that the house is yours and it is legal! Now as long as you follow the law, it's all legal! Don't blindly trust others.

Free to spend unjustly money!

Do the math how much it will cost you to renovate your home

There are more and more empty houses in the countryside, because many rural people go to the city to work and do business, and most of them will want to buy a house in the county town. You can sell a house in the countryside, so if you want to buy a house in the countryside, do you need any procedures? Let's take a look at how to legally buy a rural house.

How to buy a rural house legally.

1.When buying a house, we first ask the villagers' committee in writing for permission.

2.If the house is communally owned, the consent of the co-owners must also be sought.

3.The seller must submit the original household registration book, ID card, land certificate, real estate certificate and other related materials.

4.It is necessary to go to the property registration department to investigate whether there is a problem with the house, whether there is a mortgage guarantee, etc.

5.The two parties must sign a written sales contract, and also go through the procedures of approval, transfer and other procedures. There is also a real estate management department to go through the transfer and name change procedures of the real estate certificate.

Precautions for buying a house in a rural area.

1. The houses in the rural areas are the homesteads of the Destruction Bureau and belong to the members of the rural collectives. The person who buys the house must be a member of the village. Residents of the city are not eligible to buy a house in this rural area.

2. The person who sells the house must have the right to occupy, use and dispose of his property. If the house is jointly owned, if one party wants to sell the house, the house cannot be bought or sold.

3. Rural villagers have only one homestead per household, and if the buyer does not sell the goods, he cannot sell the house, even if he buys and sells, this is not protected by law.

4. The purchase and sale of houses in rural areas requires the consent of the villagers' committee, which is a certain process.

If the house is co-owned, the consent of the co-owners must also be sought. The seller also needs to submit the original household registration booklet, ID card, land certificate, real estate certificate and other related materials. Go to the property registration department to investigate whether there is a problem with the house, whether there is a mortgage guarantee, etc.

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Do the math how much it will cost you to renovate your home

You must know that because rural houses are relatively special existences, certain conditions must be met if you want to buy and sell rural houses. So how to buy and sell a house in the countryside legally, and the process of buying a house in the village of the Rural Destruction Bureau, do you understand? Now let's take a look.

1. How to buy and sell a house in the countryside legally.

In order for the sale of a rural house to be legal, four conditions need to be met: the individual who buys the rural house is a collective member of the villager; The seller needs to have the right to use, dispose of, and benefit from the house; Individuals who purchase a house need to be eligible to apply for a rural homestead; The purchase and sale of houses in Nongmeng Village needs to be approved by the villagers' committee.

Second, the process of buying a house in rural areas.

1. When buying and selling a rural house, it cannot be done privately, and the villagers' committee must be informed and the written consent of the villagers' committee must be obtained.

2. If the rural house to be bought and sold is a co-owned house, then the decision of the seller alone cannot be made at the time of sale, and the consent of the co-owner of the house must be obtained.

3. Provide relevant materials required for house sales, such as household registration book, ID card, real estate certificate, etc.

4. Go to the property rights registration department, submit the property rights and other relevant materials to check whether there are defects in the house you are buying and selling. If not, normal transactions can be carried out, otherwise the court will take appropriate security measures.

5. The purchase of a rural house not only requires the buyer and seller to sign a sales contract, but also needs to go through the procedures for approval and transfer. Among them, the transfer procedures include the transfer of homestead certificate and the transfer of collective land use certificate.

6. The buyer and seller need to go to the Housing Authority to handle the transfer of the real estate certificate according to the corresponding process, and the buyer will wait for the notice of the Housing Authority to get the new real estate certificate.

About how to buy and sell a rural house legally, as well as the process of buying and selling a rural house, I will introduce it here, do you understand? The purchase of a house in the countryside requires the consent of the villagers' committee, and the purchaser needs to be legal.

Enter the area and get the decoration for free**].

Rural houses cannot be bought or sold.

Rural houses and homesteads belong to the village collective economic organization and can only be used among the members of the village economic organization, and peasants and urban residents other than the members of the village economic organization are not legal purchasers.

In other words, only the purchase agreement between the villagers of the village is valid, and everything else is considered invalid because it violates the provisions of the law.

The right to use the house in the countryside can be transferred, and the transfer also needs to meet certain conditions, such as: it needs to be approved by the villagers' committee of the village and the approval of the township-level **, the transferor and the transferee are both villagers of the village, the transferee has no homestead, and meets the application conditions of the homestead.

Article 62 of China's Land Management Law only stipulates that a rural villager can only own one homestead per household. Rural villagers who sell or rent their houses and then apply for homestead land are not to be approved.

The purpose of this provision is to prohibit villagers from occupying more homesteads, so as to prevent too much rural land from being used for homesteads, so as to ensure that the amount of cultivated land is not reduced. This provision does not prohibit or restrict villagers from transferring their homesteads.

From the perspective of legal relations, rural private houses are the lawful property of individual farmers, and the state protects individual house ownership, and the owner has the legal right to dispose of it.

If the transfer of house ownership is denied on the grounds that the transfer of homestead use rights is prohibited, it will not only deprive the house owner of his civil rights, but will also lead to the result that the collective recovery of the homestead use right is hindered by the existence of the house. Therefore, when a rural private house is transferred, the right to use the homestead land should also be transferred to the transferee.

When the rural private house is transferred, as long as the transferee does not change the use of the house and has been used for living and living, then only the owner of the house has changed, and the use of the house has not changed, so it will not cause a change in the purpose of the establishment of the homestead, so the right to use the homestead belongs to the transferee.

The buyer of a private house in a rural area is limited to the scope of the village or the approved homestead that has returned to the village to settle down or the existing homestead is less than the local standard, and must be approved by the competent authority, and if the above conditions are not met, the sales contract shall be deemed invalid.

Laws and regulations do not prohibit the transfer of rural private houses, so after the transfer of rural private houses, the right to use the homestead land is allowed to be changed and registered.

After the transferor transfers the house to the transferee, it is also obliged to attribute the benefit of the use of the homestead to the transferee.

The above content refers to: Chinese National Network - Land Management Law of the People's Republic of China.