Can a house in a rural county be sold?

Rural houses can be bought and sold, but rural housing bases cannot be bought and sold at will.

If I have already entered the city or left the countryside, I should not buy the house in the countryside from my hometown, but not to the villagers of the same village, or to the farmers who have settled down with the approval of the relevant departments.

According to Article 62 of the Land Management Law of the People's Republic of China, "a rural villager household can only own one homestead", so after acquiring a new homestead, the villagers should not continue to occupy the original homestead, and must return it to the village committee in a timely manner, and the village committee will make other arrangements in accordance with the village planning plan.

Our land is owned by the whole people or by peasant collectives. Paragraph 3 of Article 2 of the Land Management Law of the People's Republic of China stipulates that "no unit or individual shall occupy, buy or sell or otherwise illegally transfer land." Land use rights may be transferred in accordance with law.

Article 63 of the Law also stipulates that "the right to use land owned by rural collectives shall not be assigned, transferred or leased for non-agricultural construction".

Homestead land refers to the land owned by the collective owned by rural households or individuals who use it as a residential base. It cannot be bought or sold.

According to Article 63 of the Land Management Law, "the right to use land owned by peasant collectives shall not be assigned, transferred or leased for non-agricultural construction." Rural villagers can only apply for one homestead per household, and the right to use a farmer's homestead is linked to the qualification of a member of a collective economic organization because the villagers have obtained it free of charge based on their status.

To a certain extent, homestead has the function of social welfare and social security. Therefore, rural houses and homesteads can be bought and sold among villagers in their own villages, and selling them to non-villagers is an invalid sale.

Of course, yes, as long as all kinds of documents are complete, then he can be listed for sale.

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A house on a rural homestead can be bought and sold if it is a person from the village, but a household can only own one homestead, and if a rural villager sells or rents his house and then applies for a homestead, it will not be approved. In addition to going to the housing management department to go through the registration procedures for the transfer of property rights, the main body of the homestead use right must be changed. If the right to use the homestead had not been changed, the house would not have been transferred at all.

The right to use the homestead shall not be transferred separately, and the following transfers shall be deemed invalid: (1) purchased by urban residents; (2) Purchased by legal persons or other organizations; (3) the transferor has not been approved by the collective organization; (4) transfer to a person other than a member of the collective organization; (5) The transferee already has a house and does not meet the conditions for homestead allocation. Article 62 of the "Land Management Law of the People's Republic of China" provides that a rural villager household may only own one homestead land, and the area of the homestead shall not exceed the standard set by the province, autonomous region, or municipality directly under the Central Government.

Rural villagers building houses shall conform to the overall land use plan of the township (town), and use the original homestead land and vacant land in the village as much as possible. The residential land of rural villagers shall be reviewed by the people of the township (town) and approved by the people at the county level; Among them, where the occupation of agricultural land is involved, the examination and approval formalities shall be handled in accordance with the provisions of Article 44 of this Law. Rural villagers who sell or rent their houses and then apply for homestead land are not to be approved.

According to the provisions of the "Housing Registration Measures", the transferee shall be a member of the rural collective economic organization where the house is located and shall also submit the supporting materials of the rural collective economic organization agreeing to the transfer.

After the approval of the Planning and Construction Office for the construction and acceptance of the house, the villagers need to apply for the housing ownership certificate, they shall apply to the local housing management office, and submit the land use certificate, the construction acceptance certificate, the 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.

Extended information: According to judicial practice and legal logic, the following conditions must be met in order to buy and sell rural houses:

1. If the transferee of the rural house is a member of the same collective economic organization;

2. The transferee has no other real estate;

3. The construction of the transferred house is legal, it has been approved for construction, and the transferred house must meet the standards stipulated by the local government;

4. The purchase and sale of houses shall be applied for and approved by the collective economic organization.

Legal Analysis: Although the law does not prohibit rural villagers from selling or renting out the houses built on their homesteads, it does impose restrictions on the entities that sell them.

The first party of rural housing sales is generally the villagers of rural collective economic organizations, while the buyer has two situations:

The first is the internal members of collective economic organizations.

The second is members other than collective economic organizations.

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 shall not exceed the standards prescribed by the provinces, autonomous regions and municipalities directly under the Central Government.

Rural villagers who sell, lease, or donate their dwellings and then apply for homestead land shall not be approved.

Houses in the countryside can be bought and sold, but there are certain restrictions. The seller and the buyer should be villagers of the same village, the buyer meets the standards for the use of the homestead, the construction of the house is legal and meets the local standards, and the sale and purchase shall be approved by the collective economic organization.

[Legal basis].Article 11 of the Land Administration Law.

The land owned by the peasant collectives belongs to the village peasant collectives in accordance with the law, and is 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 the township peasant collectives shall be operated and managed by the township and rural collective economic organizations.

Article 62.

Rural villagers can only own one homestead per household, and the area of their homestead must not exceed the standards set 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.

Many farmers who go out to work want to ** their own rural houses, so can they sell rural houses if they want to? What is the process of buying and selling a rural house? How to buy and sell a house in the countryside legally? How to buy and sell a house in the countryside legally? Let's take a look.

1. Is it okay to sell a rural house if you want to?

Rural houses can be sold, according to the second paragraph of Article 2 of the "Notice on Strengthening the Management of Land Transfer and Strictly Prohibiting Land Speculation": Farmers' houses shall not be transferred or leased to urban residents, nor shall urban residents be allowed to occupy farmers' collective land to build houses, and relevant departments shall not illegally build and purchase houses, that is to say, they shall not be sold to persons outside the collective economic organization, and the land use rights owned by farmers' collectives shall not be transferred or leased for non-agricultural construction.

2. What is the process of buying and selling a rural house?

1. With the written consent of the villagers' committee.

The materials to be prepared are: ID card, household registration booklet, real estate certificate, land certificate, etc.

Precautions: Go to the property rights registration department to check whether the house has been taken into custody or sealed by the bank, and whether the property right certificate is defective.

2. Sign the sales contract, approval, transfer, etc.

After the sales contract is signed, it shall be approved by the relevant functional departments, and then the transfer procedures for the collective land use certificate and real estate certificate shall be handled in accordance with the law.

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

1. The transferor owns more than two rural houses (including homesteads).

2. Transfer of members within the same collective economic organization.

3. The transferee does not have housing and homestead, and meets the conditions for the allocation of homestead use rights.

4. The consent of the collective organization shall be obtained for the transfer.

5. The right to use the homestead shall not be transferred separately, and the land shall be transferred together with the house.

4. What are the collective economic organizations?

1. There is a homestead, and it meets the homestead standards stipulated by the state.

2. There is a homestead, but it has not yet reached the standard stipulated by the state.

3. It has settled in the collective economic organization, but has not yet been allocated the homestead.

Summary: Is it okay to sell a rural house, what is the process of buying and selling a rural house, how to buy a rural house legally and how to buy a rural house to buy and sell legal knowledge, I hope it can help you, if you want to know more, please continue to pay attention to Qeeka Home.