Can you buy a rural house? Can you buy a house in the new countryside?

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.).

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.

Legal analysis]: Houses in the new countryside cannot be bought and sold. Rural collective land is collectively owned, and it is forbidden to buy, sell and circulate among members of non-rural collective organizations.

Rural land is collectively owned, and houses are built on collectively-owned land, and the sale of houses necessarily involves the sale and purchase of homesteads, which is illegal. In the case of the purchase and sale of private houses in rural areas, the buyers nominally buy houses, but in fact they buy land, and under the pattern of integrating real estate and land, the disposal of houses also disposes of homestead land, which harms the rights and interests of collective economic organizations, and is expressly prohibited by laws and regulations.

Legal basis"Land Management Law of the People's Republic of China" Article 63 The overall land use plan and urban and rural planning are determined to be industrial, commercial and other operational purposes, and the collective business construction land registered in accordance with the law shall be handed over to the unit or individual for use by the land owner through transfer, lease or other means, and shall sign a written contract indicating the land boundary, area, construction period, use period, land use, planning conditions and other rights and obligations of both parties. The transfer or lease of collective business construction land provided for in the preceding paragraph shall be subject to the consent of more than two-thirds of the members of the villagers' meeting or more than two-thirds of the villagers' representatives who are members of the collective economic organization.

The right to use land for collective management construction acquired through transfer or other means may be transferred, exchanged, contributed, donated or mortgaged, except as otherwise provided by laws and administrative regulations or otherwise agreed in a written contract signed by the land owner or land use right holder. The leasing of collective construction land, the transfer of the right to use collective construction land and its maximum term, transfer, exchange, capital contribution, gift, mortgage, etc., shall be carried out with reference to the state-owned construction land for the same purpose. The specific measures are formulated by ***.

Summary. There is also a situation where only villagers who meet the conditions for applying for homesteads are eligible to buy the property of the villagers in their village. If you have a house, the village collective may not agree to it if there is no situation where the population is too large to live in, or if there are family members who have separated or the house is too old.

Homesteads are not allowed to be bought or sold, but houses in rural areas are owned by individual peasants and should be allowed to be bought and sold. Therefore, it should be permissible for you to buy your neighbor's home. <>

Dear, good morning, I'm very happy to answer for you, you can't buy a house. According to Article 2 of the "Notice on Strengthening the Management of Land Transfer and Strictly Prohibiting Land Speculation", farmers' residences shall not be given to urban residents, nor shall urban residents be allowed to occupy farmers' collective land to build houses, and relevant departments shall not issue land use certificates and real estate certificates to illegally built and purchased residences.

Dear, there is also a brigade of rock species in the town, only the villagers who meet the conditions for applying for the demolition of the homestead are eligible to buy the real estate of the villagers in the village. If you have a house, if there is no situation where the population is too large to live in, or if there are family members who have separated from each other or the house is too old, the village collective may not agree. Homesteads are not allowed to be bought or sold, but houses in rural areas are owned by individual peasants and should be allowed to be bought and sold.

Therefore, it should be permissible for you to buy your neighbor's home. <>

Dear, if you have a house in the countryside and then buy a building, it is generally not considered a second house. The house built by Rang Chunshang on the rural Chunnai homestead does not have a commercial property right certificate, that is, the rural house only has a land use right certificate and has not been registered as a property right, so it cannot be counted as the first house. Therefore, it is also possible to buy a second house.

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.

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.