Can self built houses in rural areas not need to apply for real estate certificates?

Of course, self-built houses in rural areas do not need to apply for real estate certificates.

Now, many rural houses do not have real estate certificates, and when it is time to do it, the village committee will handle it for you.

Now the countryside has begun to adapt to the homestead to apply for the real estate certificate, and my family has already done it in the countryside.

Legal analysis: rural self-built houses need to apply for real estate certificates, rural self-built houses must first apply for the right to use the homestead, and the real estate certificate can only be applied for after applying for the homestead use right certificate; Rural self-built houses need to apply to the local housing management office for the real estate certificate and submit relevant information.

Legal basis: Article 363 of the Civil Code of the People's Republic of China The acquisition, exercise and transfer of the right to use homestead land shall be governed by the law on land management and relevant provisions of the State.

Yes, like urban houses, rural houses are also built with real estate certificates. Because according to the provisions of China's "Civil Code", only after the registration and the real estate certificate can the property be proved to be the real owner of the house. Therefore, there is also a real estate certificate for building houses in rural areas.

The process of handling the rural house ownership certificate is as follows:

1) The applicant submits the following materials to apply;

2) Acceptance, after submitting the materials required for the handling of the rural real estate certificate, the staff will accept it;

c) Announcements; 4) Audit;

5) Charges; 6) Recorded in the register;

7) Issuance of certificates. Can self-built houses in rural areas be bought and sold?

Due to the special nature of rural housing homesteads, there are certain conditions for rural housing transactions, and the buyers of rural houses must be people who meet the requirements for applying for rural homesteads, specifically, members within the collective organization and members outside the collective organization. There are three specific situations for members within a collective organization:

1) They already have a homestead and meet the homestead standards stipulated by the state. According to the rule that a villager can only own one homestead, it is impossible for villagers who already have a homestead and meet the national standards to apply for a homestead to be approved.

2) There is a homestead land, but it has not yet reached the standards set by the state. For villagers in the second case, even if they already have a homestead, it is difficult to apply for a second homestead if there is no legal reason.

3) Have settled in a collective organization, but have not yet been assigned to a homestead. In the third case, the application for homestead must go through the procedures prescribed by laws and regulations. Therefore, even if the sale of a house takes place between members of the villagers' collective organization, it will be difficult to carry out.

It is undoubtedly unrealistic for the seller to first review the specific situation of the buyer.

Legal basis

Article 209 of the Civil Code The creation, alteration, transfer and extinction of real estate rights shall take effect upon registration in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law.

The ownership of natural resources that belong to the State in accordance with the law may not be registered.

Rural self-built house real estate certificate application process:

1. The house builder submits an application to the village committee for building a house;

2. The village committee reviews and approves, signs and seals;

3. Apply to the Township Construction Office;

4. The staff of the Township Guess Construction Office visited the site and agreed to build the house; Spike eggplant.

5. Go to the Township Construction Office to get the application form for housing construction;

6. Signed and agreed by the Township Construction Office;

7. The township leader in charge signs and seals to verify and agree;

8. Submit to the County Suigao Planning and Construction Bureau for approval (County Administrative Service Center);

9. The builder receives the property right certificate.

The following materials are required to apply for a real estate certificate for a self-built house in rural areas:

1. Application for registration;

2. Proof of identity of the applicant;

3. Proof of the right to use the homestead or the right to use the collectively owned construction land;

4. Proof that the registered house conforms to urban and rural planning;

5. Housing surveying and mapping report or villagers' housing plan;

6. Other necessary materials.

Legal basisArticle 83 of the Measures for Housing Registration.

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;

3) Proof of the right to use the homestead or the certificate of the right to use the land for collectively owned construction;

4) Proof that the registered house conforms to urban and rural planning;

5) Housing surveying and mapping report or village floor plan;

6) Other necessary materials.

Generally, it can be mortgaged.

Rural self-built houses can generally be mortgaged and loaned when the formalities are complete. The most important procedure referred to here is the title deed of the house. At present, some of China's rural self-built houses only have land use certificates but no house ownership certificates, and it is impossible to apply for loans in this situation.

In addition, whether or not self-built houses in rural areas can be mortgaged and loaned depends on the actual situation. Such as the age of the house, the geographical location of the house, the realizable value, etc. If the property is old or in a poor location, and the realizable value is low, it cannot be used as collateral to obtain a loan, even if the formalities are complete.

All major banks have loans.

Information required for loan:

1.Borrower's valid ID card and household registration booklet;

2.Proof of marital status, if you are unmarried, you need to provide an unmarried certificate, and if you are divorced, you need to provide a court civil mediation letter or divorce certificate (indicating that you have not remarried after divorce);

3.If you are married, you need to provide your spouse's valid ID card, household registration booklet and marriage certificate;

4.Proof of income of the borrower (salary income certificate or tax payment certificate for six consecutive months);

5.Title deeds of the property;

6.Guarantor (ID card, household registration booklet, marriage certificate, etc.) are required

Note that:1Collateral is required to take out a loan, and the sum of the loan amount and interest during the loan period cannot exceed 1 2 of the appraised value of the collateral

2.Have a long-term and stable income sufficient to pay the principal and interest of the monthly loan**;

3.Guarantor;

4.Age limit for borrowers: Age of male loan term not more than 60 years old, Age of female loan with Li and term not more than 55 years old;

5.Customers who enter the blacklist of the credit information system cannot apply for loans;

The loan requires the payment of lawyer witness fees, mortgage registration fees, insurance premiums for the mortgaged property, appraisal fees for the property, etc.

Generally, it takes about 1 month to get a loan.

Process: 1Apply for a loan to the bank, 2After the bank accepts the application, the value of the mortgaged property will be evaluated, and the loan amount will be determined according to the appraised value;

3.Opening a personal current deposit account, signing a loan contract, etc.;

4.Handle real estate mortgage registration matters;

5.Bank Loans

Like urban houses, rural houses are also built with real estate certificates. Because according to the provisions of China's "Civil Code", only after the registration of the house and the receipt of the real estate certificate, can you prove that you are the real owner of the house. Therefore, there is also a real estate certificate for building houses in rural areas.

1. How to apply for a rural real estate certificate.

1. Apply for the right to use the homestead.

First of all, before building a house, the villagers should first apply to the village collective organization for the right to use the homestead and obtain the certificate of the collective land use right 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.

2. Apply to the local housing management office.

After the planning and construction office has approved the construction and acceptance of the house, the villagers need to apply for the house ownership certificate, should send the excavation bend to apply to the local housing management office, and submit the land use certificate, construction acceptance certificate, housing area surveying and mapping report and other materials. After the housing management department accepts the application of the rural villagers to apply for the real estate certificate. The relevant information will be checked, and the application for registration will be announced in the village collective organization.

If there is no objection after the announcement or the objection is not established, the registration certificate will be issued.

3. Rural real estate registration information.

The content of the registration of rural housing property rights includes the basic information of the right holder, the content of the ownership of the house, the objective status of the house and the situation of the land use right, and the house and land survey and mapping are attached. Where the person with scattered rights is a single natural person, the basic circumstances of the individual natural person are recorded; Where the right holder is more than one natural person, the basic information of the multiple natural persons is recorded at the same time; Where the rights holder is a legal person or other social organization, the name of the legal person or other social organization and its legally-designated representative are to be recorded. If the form of housing ownership is co-ownership, the scope of co-ownership should be clarified, especially the ownership and use rights of public spaces and facilities should be defined.

The objective status quo of the house includes the parcel boundary of the land used for the house, the parcel area, the location of the house, the structure of the house, and the floor area of the house.

It is important to note that the right to transfer a rural house is subject to certain restrictions. The Measures for Housing Registration stipulate that since the right to use rural homestead land is a kind of welfare distribution from rural collective organizations to villagers, its transfer is subject to certain restrictions, and villagers who apply for the transfer of land and house property rights should first submit proof of the consent of the rural collective organization to the transfer. If the transferee is not a member of the rural collective organization where the house is located, the housing registration agency will not handle the transfer registration unless otherwise provided by laws and regulations (such as inheritance and gifts from immediate family members).

In addition, the Measures for Housing Registration also stipulate that houses on rural collective land, i.e., homesteads, cannot be registered as mortgages.

Self-built houses in rural areas need to apply for a real estate certificate. The real estate certificate is a written certificate issued by the real estate registration authority to prove the ownership of the house, and the establishment, change, transfer and extinction of the property right of the house shall take effect after registration in accordance with the law, and the house as a real property shall be subject to the registration of real rights.

Legal basisArticle 214 of the Civil Code.

Where the creation, alteration, transfer or extinction of immovable property rights shall be registered in accordance with the provisions of law, they shall take effect when they are recorded in the immovable property register.

Article 215.

Unless otherwise provided by law or otherwise agreed by the parties, a contract between the parties relating to the creation, modification, transfer and extinction of immovable property rights shall take effect upon the conclusion of the contract; If the property right is not registered, the validity of the contract shall not be affected.