I don t know if it s legal to buy land and build a house by myself

Updated on society 2024-07-29
7 answers
  1. Anonymous users2024-02-13

    The suburbs near the city basically belong to collective land or state-owned reserve land, and collective land cannot be bought and sold casually, but can only be transferred among villagers in their own villages, and state-owned reserve land must be sold through bidding and auction. Even if you bid to buy it in the end, you have to build a house and pass the project approval document, the planning bureau issued a planning document (generally wasteland is not planned, you can only spend money to find a qualified unit for planning, and the planning cost is more expensive than buying a set of commercial housing), the construction bureau must find a qualified construction unit to construct after reviewing the construction permit, and finally get the building certificate and land certificate. The above is the general process, and any one of them will take you as little as 3 months or as long as a year.

    If you have an urban hukou and do not have a strong relationship, the cost of building your own house will be much higher than if you buy a villa.

    The process of individual housing construction for rural villagers is that villagers apply to the village committee, the village reports to the township, the township reports to the county and city, and the county (city) ** approves. It involves the approval of construction and land use, to obtain the permit of the planning department, the land department and then go through the land use procedures, if it involves the conversion of agricultural land, it is also reported to the provincial land department, under normal circumstances, the town receives the application after the organization of the planning office, the land survey, the new construction and expansion should also be reported to the county (city) planning department for review, must be reported to the county land department for review. In principle, there is no need for the parties to run, but in consideration of manpower and efficiency, in many places, villagers are required to apply directly to the planning office and the land office.

    In short, even if you build a house on your own farmland, you still have to go through the planning permit and land use approval, and you must first declare the conversion of agricultural land by the land department, which is controlled by the annual land use plan indicators. Occupying farmland to build houses without approval violates the Land Management Law and is illegal land occupation and can be demolished and fined by the land department. Those who meet the criminal law standards (10 acres of cultivated land and 5 acres of basic farmland) shall be transferred to justice for the crime of illegal occupation of cultivated land.

    If you act in strict accordance with the law, the land management department will forcibly demolish the illegal buildings built, but in the actual law enforcement, if the illegal buildings built do not involve the interests of others, and the surrounding neighbors do not have disputes about the illegal buildings you have built or do not complain to the land management department, the land management department will turn a blind eye and fine the money, symbolically remove a few stones from the wall, and when they leave, you will be fine with the demolished stones. If there is a large controversy about the illegal building, the land management department will demolish it within a time limit.

  2. Anonymous users2024-02-12

    If you want to buy your own land and want to build a house, you must apply to the local urban construction planning department, and the plan to build a house can only be built after being approved by the local urban construction planning department, otherwise it is illegal to build.

  3. Anonymous users2024-02-11

    Self-built houses generally refer to the houses and buildings built by units and individuals who own their own land, organize and construct by hiring others. Self-built houses are the mainstream of traditional construction methods in China, especially in rural areas of China, where almost all rural residents meet their own living needs through self-built houses. If you want to buy land to build a house, you can compete for the right to use the land, and then approve the building permit, and go to the urban construction and planning department for approval and filing.

    In rural areas, you can apply for a homestead and build your own house, and there are not so many restrictions on Nazhuo. Self-occupied housing is a self-occupied commercial house, and the first house purchased by the applicant will be regarded as self-occupied by default, and the construction area is less than 90 square meters.

    This type of housing** is about 30% lower than the surrounding commercial housing, and is aimed at families in the city who meet the conditions for purchase restrictions; Such housing is not allowed to be listed for five years after the purchase of such housing, and after five years, 30% of the proceeds of the market will be handed over to the treasury. If you want to use the land to build a villa, you can bid for state-owned land, and you can build it yourself after applying for approval to meet the plan. It should be noted that collective land cannot be bought and sold privately.

    Moreover, collective land can only be transferred within the collective, and cannot be sold to people who rent it to urban people.

    Legal basis] Civil Code of the People's Republic of China

    Article 209: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.

  4. Anonymous users2024-02-10

    1. Can I buy land and build my own house?

    1. You can buy land to build your own house. If you want to buy land to build a house, you can compete for the right to use the land, and then approve the building permit, and go to the urban construction and planning departments for approval and filing.

    2. Legal basis: Article 209 of the Civil Code of the People's Republic of China.

    The creation, alteration, transfer and extinction of immovable property 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.

    Article 210.

    The registration of immovable property shall be handled by the registration authority where the immovable property is located.

    The State implements a unified registration system for immovable property. The scope of unified registration, registration bodies, and registration methods shall be prescribed by laws and administrative regulations.

    2. What is the scope of registration of immovable property?

    The scope of registration of immovable property is as follows:

    1. Residential real estate;

    2. Commercial real estate, including industrial plants, stores, and houses for rent, which will be appropriately taxed by the state;

    3. Land, China's land ownership is owned by the state, but the right to use land, the right to develop, the ownership of collective land, the right to contract management, and so on should be registered. Including forests, grasslands, beaches, mines, pastures, etc.;

    4. The right to use sea area, the right to use sea area development, breeding and other use rights need to be registered;

    5. Prospecting rights and mining rights, prospecting rights and mining rights become the objects of real estate registration in non-physical form.

  5. Anonymous users2024-02-09

    [Legal Analysis].Generally, homestead land is not allowed to be transferred and sold, but if it is a member of the rural collective economy, it is legal to build a house if the following conditions are met. Rural residents must meet the following conditions when applying for homesteads: first, rural residents must be at least 18 years old and meet the conditions for separation; Second, the construction of houses by rural residents must conform to the overall land use plan, the annual land use plan and the village and town construction plan; the third is the standard for the construction quota of rural residents; Fourth, rural residents must build houses with "one household and one foundation"; Fifth, rural villagers who are renting out and selling their original homestead land and then applying for homestead land will not be approved; Sixth, it is strictly forbidden for non-peasant households and other persons to purchase homestead land in the village.

    [Legal basis].Land Management Law of the People's Republic of China Article 62 A rural villager household may only own one homestead land, and the area of the homestead must not exceed the standards prescribed by the 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.

  6. Anonymous users2024-02-08

    Legal Analysis: Yes. Rural homestead land is used by rural peasant households or individuals as residential bases to occupy and use the land owned by the collective.

    There are three types: land that has been built, has built a house or decided to be used for building a house, land that has been built a house, land that has been built but has no superstructure or cannot be inhabited, and planned land that is ready to be used for construction. Homestead land refers to the collective construction land enjoyed by farmers based on their membership in collective economic organizations, which can be used for building houses.

    Legal basis: "Land Management Law of the People's Republic of China" 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.

  7. Anonymous users2024-02-07

    Generally, homestead land is not allowed to be transferred and sold, but if it is a member of the rural collective economy, it is legal to build a house if the following conditions are met. Rural residents must meet the following conditions when applying for homesteads: first, rural residents must be at least 10 years old and 8 years old and meet the conditions for separation; Second, the construction of houses by rural residents must conform to the overall land use plan, the annual land use plan and the village and town construction plan; the third is the standard for the construction quota of rural residents; Fourth, rural residents must build houses with "one household and one foundation"; Fifth, if the rural villagers are renting out and selling the original homestead and then applying for the homestead will not be approved; Sixth, it is strictly forbidden for non-peasant households and other persons to purchase homestead land in the village.

    The state burns simply. Legal basis: Land Management Law of the People's Republic of China Article 62 A rural villager household may only own one homestead in the source of the disaster, and the area of the homestead shall not exceed the standards prescribed by the province, autonomous region or municipality directly under the Central Government. In areas where per capita land is scarce 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 the rural villagers, take measures to ensure that the rural villagers have a place to live in accordance with the standards set by the provinces, autonomous regions, and municipalities directly under the Central Government.

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