How to legalize the sale and purchase of self built houses in rural areas

Legal analysis: 1. The buyer has legal qualifications, because the homestead occupied by the rural house belongs to the rural collective, so only the members of the village collective are eligible to buy the rural house, and the urban residents are not qualified.

2. The seller has the legal qualifications, and the seller must have the right to occupy, use, benefit and dispose of the house that is being traded. If there is a dispute, it will not be possible to buy or sell.

3. The buyer cannot occupy the homestead in disguised form by purchasing a house, and if he already owns the homestead, the rural housing transaction will be invalid.

4. The purchase and sale of the house must be approved by the villagers' committee, and only in this way can the sale be legal. The deed tax rate is 3-5%. The specific applicable tax rate of deed tax shall be determined by the people of the provinces, autonomous regions and municipalities directly under the Central Government within the range specified in the preceding paragraph in accordance with the actual situation of their respective regions, and shall be reported to the Ministry of Finance and the State Administration of Taxation for the record.

Legal basis: "Land Management Law of the People's Republic of China" Article 38 Rural residents shall use the original homestead land and vacant land in the village when building houses. The use of cultivated land, after the township-level people's review, reported to the county-level people's ** for approval to use the original homestead, village idle land and other land, by the township-level people's approval.

The land used by rural residents for residential construction must not exceed the standards set by provinces, autonomous regions, and municipalities directly under the Central Government. Those who apply for homestead land after selling or renting out their housing shall not be approved.

Here's how to legally buy a house in the countryside:1. The buyer must be a member of the collective of the village. Urban residents are not allowed to buy their own houses in rural areas.

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

3. Buyers have the conditions to apply for homesteads.

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.

According to the first paragraph of Article 62 of the Land Administration Law, a rural villager household can only own one homestead land, and the area of the homestead must not exceed the standard set by the province, autonomous region or municipality directly under the Central Government.

Paragraph 5 of Article 62 stipulates that if a rural villager sells or rents a dwelling house and then applies for a homestead land, it shall not be approved.

The legal policies for the sale and purchase of self-built houses in rural areas include that the property cannot be separated, the ownership of the house must be clear, the right of first refusal must not be infringed, the rights of the main body of the house must be changed, the rebuilding of the house after the sale must comply with the regulations, and the buyer has legal qualifications.

1. The premises cannot be separated.

The purchase and sale of self-built houses in rural areas should abide by the principle of "the land goes with the house, and the house goes with the land."

2. The ownership of the house should be clear.

In the case of the sale and purchase of self-built houses in rural areas, the ownership of the houses must be clear, and there can be no disputes, nor can they be in a state where the court of the Department of Transportation has taken measures to preserve the property such as seizure.

3. The right of first refusal shall not be infringed.

Rural houses generally have co-owners, and for co-owners, they have the right to know when they buy and sell rural houses, and under the same conditions, they have the right of first refusal.

4. Change of the rights of the main body of the house.

After the purchase and sale of rural houses, it is necessary to change the rights of the subject, otherwise in the legal sense, the house is still the original owner's.

5. The rebuilding of the house after the sale must comply with the regulations.

After the completion of the transaction of self-built houses in rural areas, they cannot be rebuilt at will. The reconstruction and renovation of the house needs to go through the process of building a house, and the house must comply with the local area, floor height and other policies.

6. The buyer has legal qualifications.

Since the homestead land occupied by the rural house belongs to the rural collective, only the members of the village collective are eligible to buy the rural house, and the urban residents are not eligible.