Can houses in the countryside be bought and sold

Rural houses can be bought and sold.

but to buy and sell between the members of the collective economic organization; The sale and purchase of houses with members of other collective economic organizations may be found to be invalid; Housing sales contracts between members of rural collective economic organizations and urban residents are also based on the principle of invalidity.

1. Whether rural houses can be bought and sold

So far, there is not a single law or administrative regulation prohibiting the sale and purchase of rural houses, nor has any law or administrative regulation made any prohibitive provisions on the sale and purchase of rural houses. Even if there are local regulations or local ** rules, the court will not apply the local regulations or local ** rules to determine whether the sale is valid. Therefore, rural houses can be bought and sold.

However, the following conditions must be met for the purchase and sale of 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.

In other cases, in principle, rural houses cannot be bought or sold, for example, urban residents are not allowed to buy rural houses because they are not members of collective economic organizations.

Article 363 of the Civil Code [Application of Law to the Acquisition, Exercise and Transfer of Homestead Use Rights] The acquisition, exercise and transfer of homestead use rights shall be governed by the laws on land management and relevant state provisions.

2. What should be paid attention to when buying and selling rural houses?

When buying a rural house, you must meet the main requirements for buying a rural house above, in addition to that, you should also pay attention to the following:

1. The purchase and sale of houses shall be subject to the written consent of the collective, i.e., the villagers' committee.

2. If the house is co-owned, the consent of the other co-owners must be obtained.

3. The original of household registration booklet, resident ID card, land certificate, real estate certificate and other relevant materials should be submitted.

4. You should go to the property rights registration department to check whether there are defects in the property rights of the house: such as whether there are mortgages and other guarantees, and whether the people's courts have taken property preservation measures such as seizure.

5. A written sales contract should be concluded, and the approval and transfer procedures should be handled. The housing sales contract shall be examined and approved by the relevant functional departments, and the transfer and name change procedures of the "homestead certificate" or "collective land use certificate" shall be handled; You should also go to the real estate management department to go through the procedures for the transfer and name change of the "real estate certificate" in accordance with the law.

Houses in the countryside can be bought and sold.

Rural houses can be bought and sold among members of village collective economic organizations. However, ownership of the homestead is not included. 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 leading party of rural housing purchase and sale is generally the villagers of rural collective economic organizations.

According to the relevant regulations, farmers' residences shall not be given to urban residents, nor shall urban residents be allowed to occupy farmers' collective land to build houses, and the relevant departments shall not issue land use certificates and real estate certificates for illegally built and purchased residences. Farmers outside the collective economic organization: According to the relevant provisions of the State Land Management Law, only members of the collective economic organization are eligible to use the homestead land of the organization.

Therefore, peasants outside the collective economic organization are not legal purchasers of rural houses.

Rural house inheritance

The first order of legal inheritance of rural houses is the matching couple, children and parents, and the second order is siblings, grandparents and maternal grandparents. According to the relevant laws and regulations, if there is no first-order heir to inherit, the second-order heir shall inherit.

The first order is spouse, children, parents. The second order is siblings, grandparents, and maternal grandparents. After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not inherit; If there is no first-order heir, the second-order heir shall inherit.

Children include legitimate children, children born out of wedlock, adopted children and dependent stepchildren.

Parents include biological parents, adoptive parents, and dependent stepparents. Siblings, including siblings of the same parents, half-siblings, adoptive siblings, and step-siblings in a dependent relationship.

Houses in the countryside can be bought and sold.

Houses in rural areas can be bought and sold, but there are restrictions on the subjects of buyers and sellers. According to China's laws, the seller is generally a villager of a rural collective economic organization, while the buyer has two situations: one is that the collective economic organization calls internal members, and the other is a member outside the collective economic organization.

Legal basis: Article 62 of the Land Management Law: 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 and municipality 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), 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.

The residential land of rural villagers shall be reviewed and approved by the people of the township (town). 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, lease, or donate their dwellings and then apply for homestead land shall not be approved.

What to pay attention to in the contract for the sale and purchase of rural houses

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. If there is no real estate certificate, it is necessary to obtain the consent of the villagers' committee and issue a certificate of transfer of the relevant homestead, 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.).

The above content refers to Hualu Legal Consultation - Can Rural Houses Be Bought and Sold?

In rural areas, Tanlu houses are allowed to be bought and sold, but they can only be bought and sold between village collective economic organizations.

According to the law, rural houses can be bought and sold, but they cannot be bought and sold at will, and there are more restrictions. It stipulates that rural homestead land belongs to the peasant collective economic organization, and only the members of the organization enjoy the right to use the homestead land, and that a rural villager household can only own one homestead land, and that rural villagers who sell or rent their houses and then apply for homestead land will not be approved.

Judging from the above provisions, although the law does not prohibit rural villagers from selling or renting out the dwellings built on homesteads, it does impose restrictions on the entities that sell houses. The first party of rural housing sales is generally the villagers of the rural collective economic organization, while the buyer has two situations, one is the internal members of the collective economic organization, and the other is the members outside the collective economic organization.

Precautions for buying and selling rural houses:

1. Whether the buyer and seller are qualified to buy the house.

2. Whether the rural house can be bought and sold.

3. Whether the rural house is a compliant building.

4. Whether the village committee will make a decision on the sale and purchase of rural houses.

5. Land in rural areas and suburbs of cities shall be owned by peasant collectives, except for those owned by the state as prescribed by law, and homestead land, self-cultivated land, and self-cultivated mountains shall be owned by peasant collectives.

6. 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 peasant collectives are already owned by two or more rural collective economic organizations in the village, they are to be operated and managed by each of the rural collective economic organizations or villager groups in the village, and those that are already owned by township peasant collectives are to be operated and managed by the township and rural collective economic organizations.

Houses in the countryside can be bought and sold.

For the purchase and sale of houses, there is no distinction between urban and rural, just like the houses in the city, rural houses also have real estate certificates, that is, they can be bought and sold. If you own the property right of the house, you can change, dispose of, and buy or sell the house. So, in general, houses in rural areas can be bought and sold.

If you don't own the house, you don't own the house and you can't buy or sell it.

Conditions valid for the sale and purchase of houses in rural areas

1. The main qualification of general home buyers is legitimate. The homestead on which the rural house is attached belongs to the rural collective, so the purchaser must be a member of the villager collective. Urban residents are not eligible to purchase rural houses.

2. The main qualification of the seller is qualified. The seller must have the right to possess, use and dispose of his property. In the case of co-owners, if one of the co-owners unilaterally disposes of the house, the sale of the house cannot be valid.

3. The buyer should meet the conditions for applying for homestead. Rural villagers can only have one homestead per household, and villagers who already have a homestead are not allowed to apply for a homestead again. If the buyer does not meet the above conditions, he or she occupies more homestead land in disguised form of sale, and such a sale will not be supported and protected by law.

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 villager of a rural collective economic organization, while the buyer has two situations:

The first is the internal members of the collective economic organization, and the second is the members outside the collective economic organization.

Houses in the countryside can be bought and sold. The following conditions need to be met:

1. The seller and the buyer must both be villagers of the same village;

2. The buyer is not a villager of the same village as the seller at the time of buying and selling the house, but later moves his household registration into the village;

3. The buyer meets the application criteria for homestead;

4. The construction of the house is legal and meets local standards;

5. The purchase and sale of houses requires the approval of the collective economic organization.

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 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 township (town) peasant collectives shall be operated and managed by township (town) rural collective economic organizations. Article 13.

Cultivated land, forest land, grassland, and other land used for agriculture in accordance with the law owned by peasant collectives and owned by the state in accordance with the law may be contracted by means of household contracting within the rural collective economic organizations, and barren mountains, barren ditches, barren hills, barren beaches, and so forth that are not suitable for household contracting may be contracted by means of bidding, auction, and public consultation, and may be engaged in planting, forestry, animal husbandry, and fishery production. The contract period is 30 years for cultivated land contracted by households, 30 to 50 years for grassland, and 30 to 70 years for forest land. After the expiration of the contract period for cultivated land, it shall be extended for another 30 years, and after the expiration of the contract period for grassland and forest land, it shall be extended accordingly in accordance with law.

Land owned by the State for agricultural purposes in accordance with the law may be contracted and operated by units or individuals engaged in crop farming, forestry, animal husbandry, and fishery production.

The contract issuing party and the contracting party shall conclude a contract in accordance with law, stipulating the rights and obligations of both parties. Units and individuals contracted to operate land have the obligation to protect and rationally utilize the land in accordance with the purposes agreed in the contract.