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1. How to transfer ownership of a rural house and what are the transfer procedures?
One of the first necessary conditions for the transfer of ownership of a rural house is that the rural house purchased or inherited has a real estate certificate. If you don't have a title deed, you need to ask the original head of the household to help you apply for the title deed before you can transfer the title. So, what about rural property ownership certificates?
1) What should I do with the rural real estate certificate?
1. Submit materials and apply: registration application; Proof of identity of the applicant; Proof of the right to use the homestead or the right to use the collectively owned construction land; Proof that the registered house complies with the urban and rural planning; Housing surveying and mapping report or village floor plan; Other necessary materials.
2. Accepted by the housing management department;
3. Announcement; 4. Audit;
5. Charges; 6. Recorded in the register;
7. Issuance of certificates. 2) How to transfer the ownership of a rural house and what to do with the procedures?
When the purchased rural house has a real estate certificate, it is necessary to submit an application for transfer to the land department. The specific transfer procedures are as follows:
1. Go to the township land office to apply;
2. Submit relevant materials;
3. The local land office shall conduct a review according to the ownership information provided by the applicant;
4. Conduct surveys, surveys and announcements on the spot;
5. Report to the Land Bureau for review and registration;
6. Issuance of certificates. 2. How to transfer the ownership of a rural house and how much does it cost?
Since the land for rural houses is collective land, the homesteads for building houses in rural areas are collectively allocated. Therefore, the transfer of rural houses does not need to pay various land taxes and fees in the same way as the transfer of urban houses. Therefore, the cost of transferring rural houses is also very low, and only the cost of production is sufficient.
For specific fees, please consult the local township or township land office.
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Legal analysis: The procedures for handling the real estate transfer procedures are as follows: 1. Within 30 days after the signing of the housing sales contract, both parties shall apply to the real estate management department with the real estate ownership certificate, the legal certificate of the parties, the sales contract and other relevant documents, and declare the transaction**; 2. Review the relevant documents provided, and make a written reply on whether to accept the application within 15 days.
Legal basis: Article 14 of the Provisional Regulations on the Registration of Immovable Property.
Where an application for registration of immovable property is made for sale, creation of mortgages, etc., both parties shall jointly apply. In any of the following circumstances, the application may be made by the party concerned: (1) the immovable property that has not yet been registered applies for registration for the first time; (2) Inheriting or accepting a bequest to acquire immovable property rights; (3) The establishment, modification, transfer, or extinction of immovable property rights in effective legal documents of the people's courts or arbitration commissions, or effective decisions of the people's courts; (4) The name or title of the right holder or the natural condition changes, and the application for modification of registration is made; (5) Where the immovable property is extinguished and the town is known to have been lost, or the right holder has given up the rights of the immovable property and applies for cancellation of registration; (6) An application for correction of registration or registration of objections; (7) Other circumstances where laws or administrative regulations provide that a unilateral application may be made by the parties.
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The transfer procedures for rural real estate are similar to those for urban branches or real estate transfers, all of which require 1. Clear property rights, real estate certificates, and unsecured loans. It is not affordable housing or small ownership housing that has a fixed time limit for the transfer of ownership. 2. The parties to the transfer have the capacity for civil conduct.
3. The transfer is voluntary or in accordance with legal procedures.
Legal basis: According to Article 61 of the Law of the People's Republic of China on the Administration of Urban Real Estate, the land use right shall be obtained by way of transfer or allocation, and shall apply for registration with the local people's land management department at or above the county level, and the land use right certificate shall be issued by the local people's land management department at or above the county level.
If a house is built on the real estate development land obtained in accordance with the law, it shall apply for registration with the land use right certificate to the local people's real estate management department at or above the county level, and the real estate management department of the local people's real estate at or above the county level shall verify and issue a certificate of ownership of the house.
When real estate is transferred or changed, it shall apply to the local people's ** real estate management department at or above the county level for registration of real estate change, and apply to the people's ** land management department at the same level for registration of change of land use right with the changed house ownership certificate, and the people's ** land management department at the same level shall replace or change the land use right certificate after verification by the people's ** land management department at the same level.
Where the law provides otherwise, it is to be handled in accordance with the provisions of the relevant laws.
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The transfer procedures that need to be handled for the sale of houses in rural areas are the registration of homestead change, and the specific process is as follows:
1. The buyer and the seller jointly submit an application for change to the villagers' committee;
2. After being accepted by the village committee, it shall be reported to the Institute of Land and Resources for review;
3. The Institute of Land and Resources conducts an investigation and conducts a 15-day publicity.
Paragraphs 3 and 5 of Article 63 of the Land Management Law stipulate that rural villagers shall build houses in accordance with the overall land use plan of the township (town) and the village plan, shall not occupy permanent basic farmland, and shall use the original homestead land and vacant land in the village as much as possible.
The preparation of the overall land use plan and village plan of the township (town) shall make overall plans and reasonable arrangements for the use of homestead land to improve the living environment and conditions of rural villagers.
Rural villagers who sell, lease, or donate their dwellings and then apply for homestead land shall not be approved.
Legal basis: Paragraphs 3 and 5 of Article 63 of the Land Management Law.
Rural villagers building houses shall conform to the overall land use plan and village plan of the township (town), shall not occupy permanent basic farmland, and shall use the original homestead land and vacant land in the village as much as possible. 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.
Rural villagers who sell, rent, or donate their houses and then apply for a homestead base shall not be approved.
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The procedures for the sale and transfer of rural houses are: 1. The transfer of rural houses must first be approved by the rural collective economic organizations; 2. The buyer and seller must be members of the collective economic organization after verification; 3. It is necessary to verify that the transferee of the house does not have a homestead in other parts of the village; 4. The collective economic organization shall register the transfer of the house. Legal basis:
Article 61 of the Urban Real Estate Management Law on the transfer or change of real estate, shall apply to the local people's real estate management department at or above the county level for registration of real estate change, and with the changed house ownership or spring limb certificate to the people's land management department at the same level to apply for the registration of change of land use right, verified by the people's land management department at the same level, by the people at the same level to replace or change the land use right certificate. Where the law provides otherwise, it is to be handled in accordance with the provisions of the relevant laws. Article 210 of the Civil Code The registration of immovable property shall be handled by the registration agency 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.
The law is based on the world.
Article 210 of the Civil Code of the People's Republic of China [Immovable Property Registration Agencies and Unified Registration of Immovable Property] 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.
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The following information is required for the purchase and sale of rural houses:1. Buyer:
Present in person and provide valid identification and sales contract. Seller: Present with a valid ID card and house ownership certificate.
When the property is jointly owned by the husband and wife, both husband and wife should be present at the same time and provide valid ID cards, house co-ownership certificates, marriage certificates and other relevant documents. 3. If the property is in a leased state, the seller must not only provide the above certificates, but also provide written materials that the lessee has waived the preemptive purchase. If the buyer or the seller is unable to go through the transfer procedures in person due to special circumstances, they can entrust others to handle the transfer procedures.
The trustee must bring the notarized power of attorney, his or her valid ID card, a copy of the client's ID card (stamped with the seal of the notary office's copy consistent with the original), house ownership certificate and other related procedures.
Article 7 of the Provisions on the Administration of Urban Real Estate Transfer.
Articles 12 and 38 of the Detailed Rules for the Implementation of the Interim Regulations on the Registration of Immovable Property.
Article 61 of the Law of the People's Republic of China on the Administration of Urban Real Estate.
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