What is a peasant house and what kind of house is a private house

A peasant house, also known as a villager's house, is a house built privately by rural villagers. Because architectural design is seldom carried out, and the construction team is directly approached for construction, it looks simple and crude. Especially in Shenzhen and other places, in the process of rapid urbanization, a large number of urban villages (villages included in the city) have been formed, and villagers often build houses for rent without overall planning because of their profits.

This type of house is generally in poor condition and is crowded between the buildings.

With the development of society, more and more farmers began to seek design when building houses.

Farmer houses are getting better and better. The peasant house will become a historical term, and it will move closer to the concept of "private house" that is commonly used in the world.

Farmer's house: In the rapid development of urbanization, some developed cities, surrounding farmers are demolished and rebuilt. Generally, the villagers who originally demolished a village will choose a piece of land and build a house one by one.

This part of the house is generally a 3-6 storey building. There are generally about 4 to 8 small rooms on each floor. There is usually a floor to live in by yourself.

Each of the other floors is used for rent. Each small room varies according to the size of the room, the orientation of the room, whether there is a separate kitchen and bathroom, and the rent is usually about two hundred to seven or eight hundred per month. Due to the large number of rooms rented out per household, the monthly rental income is about the income of a middle-income family.

It has brought good benefits to the local demolition farmers. Due to the relatively high concentration of peasant houses, the number of rental houses is very large. Therefore, in this kind of urban village where peasant houses are concentrated, there are quite a lot of young people who come from outside to work and rent, which also drives part of the catering service industry in urban villages.

It forms a special scenery in the local area.

In the local area, peasant houses generally refer to the houses used for rent in urban villages that are demolished and built by peasants.

I'm in Shenzhen, and I live in a farmer's house.

After the change of urban construction, these villagers built buildings one by one on the land of their original village for rent, usually 8-storey buildings.

It's hard to say about dirty and poor, because each village is different, and some villages are better planned, and the buildings are relatively neatly built, and they don't look very messy. Some villages are poor, and if they are built in a mess, there will be many handshake buildings! However, the light of the general farmer's house is not very good, because the distance between the buildings is not very large!

And the general sound insulation is not very good, downstairs are doing small business, it will be very noisy!

However, because the farmer's house is much cheaper than the community house, it is still very popular!

In fact, there is a more standardized name: self-built houses!

It refers to the houses built by local residents in Shenzhen using the land in the original village. Some self-built houses have legal real estate certificates, and some have never been able to get them.

Houses in rural areas belong to homesteads, houses belong to individuals and private ownership, and land belongs to collective ownership.

Article 8 of the Land Administration Law establishes the ownership of various types of land, including homestead ownership, which stipulates that "land of a wide age in rural areas and suburban areas shall be owned by peasant collectives, except for those that are owned by the State as prescribed by law; Homesteads, self-cultivated land, and self-cultivated mountains belong to peasant collectives. ”

In a private house, the land is considered collective, but the owner has unlimited right to use it. This is the country's rural land policy.

The ownership of rural villagers' homesteads belongs to the collective, and individuals only have the right to use them, and no one is allowed to transfer or lease them without approval. Therefore, you need to get approval, not who to contract with. There are certain conditions that need to be met to get approved.

In fact, private houses refer to the investment and construction of houses by residents who independently own land use ownership certificates in the urban planning area, and private houses are actually residential houses owned by residents themselves, which are commonly referred to as civil residential houses. In fact, houses in rural areas can also be bought and sold, but only the people of the village can trade, and if they are purchased by individuals or units that are not collectively organized by the village, then they will not be protected by law after the sale. After the right is confirmed, the residential houses on the homestead are usually not allowed to be transferred to urban residents, so although it is cheaper, there will be more problems with the subsequent transportation of the remains.

Private houses can apply for business licenses after the approval of the local industrial and commercial bureau. To apply for a business license for a private house, you need to go to the industrial and commercial department to obtain the "Certificate of Residential Conversion to Business Housing" and fill in the "Letter of Guarantee", and you need to sign and agree to bring the relevant materials to the neighborhood committee to which the community belongs for sealing, and go to the industrial and commercial department for registration, and then apply for a business license.

According to the relevant provisions of the Civil Code, the owner has the right to occupy, benefit and dispose of the exclusive part of the building. The exercise of the rights of the owner shall not endanger the safety of the building and shall not harm the basic rights and interests of other owners.

Private houses need to pay taxes for rent, and ordinary houses need to pay personal income tax, real estate tax, business tax, urban construction surtax and so on when engaging in business activities. These taxes and fees must be paid, otherwise it will become an act of tax evasion, and the punishment is very severe, except for the rent exemption areas stipulated by the relevant units.

The above is about what kind of house is a private house, it is generally a residential house, not a real estate for business, the nature of the land is generally ordinary residential land, and the land nature of the purchased property must be confirmed before buying a property, because it may involve the land use life of the house.

1. The legal provisions for peasant houses:

1. Rural homesteads belong to the village collectives and are distributed to the peasants in the village to solve the peasants' housing problems, and the peasants only have the right to build houses on the homestead land, but have no right to buy and sell.

2. Peasants' land use rights cannot be transferred, nor can they be leased, which is a kind of social welfare and security barriers that peasants get free of charge because of their special status, and others cannot obtain them.

1. The change of the right to use the homestead is only allowed within the scope of the village, and if the land is bought and sold or transferred between the villagers of the village, but the villagers of the village are not allowed to carry out these activities, and they are not protected by law.

2. Can a farmer's house be bought and sold?

The Land Management Law of the People's Republic of China stipulates that rural homesteads are owned by farmers' collective economic organizations, and only members of the organizations enjoy the right to use homesteads; Rural villagers can only own one homestead per household; 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.

1. The internal members of the collective economic organization are divided into three specific situations: first, they have homestead land and meet the homestead standards stipulated by the state; second, there is a homestead, but it has not yet reached the standards stipulated by the state; Third, it has settled in a collective economic organization, but has not yet been allocated a homestead land. According to the stipulation that a villager can only own one homestead, it is impossible for villagers who already have a homestead and meet the standards set by the state to apply for a homestead again.

In the second case above, if the villager applies for a second homestead that exceeds the standard set by the state, it should not be approved. As for the third case, you can apply for building land in accordance with the law.

2. If it is a member other than a collective economic organization, two situations will occur: (1) urban residents. According to Article 2, Paragraph 2 of the 1999 Notice of the General Office of the People's Republic of China on Strengthening the Management of Land Transfer and Strictly Prohibiting Land Speculation:

Farmers' dwellings shall not be given to urban residents, nor shall urban residents be allowed to occupy peasant collective land to build dwellings, and relevant departments shall not issue land use certificates and real estate certificates to illegally built and purchased dwellings. (2) 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.

Farmhouse is a house for villagers to live in the countryside, and the main differences from commercial housing are:

First, the nature of the land is different: the construction of farmhouses occupies collectively-owned land, while commercial housing occupies state-owned construction land.

Second, the acquisition methods are different: only eligible members of rural collective economic organizations are allowed to apply for homestead land for construction, and commercial housing is developed and constructed by enterprises with real estate development qualifications to obtain state-owned construction land.

Third, the term of land use is different: the current laws and policies do not specifically stipulate the term of the right to use rural homesteads; The land use period of commercial housing land is generally 70 years, and if the land use right expires, it will be automatically renewed.

Fourth, the transaction conditions are different: farmhouses can only be traded to members who meet the qualifications for homestead allocation after approval within the collective economic organization of the village; Commercial housing can be marketed**, leased and mortgaged, and traded freely.

Commercial housing is state-owned land, with a land certificate and real estate certificate issued by the state, which can be traded in the real estate trading market, and can be mortgaged and guaranteed. The so-called peasant house is a small property right house, is a collective land, can not get the state land certificate and real estate certificate, can not be traded in the real estate trading market, can only be traded in the jurisdiction, and can only be sold to people with household registration in the jurisdiction, can not be mortgaged, guaranteed.

Of course! The sale and purchase of commercial housing is legal, but the purchase and sale of peasant houses is illegal; Once there is a dispute after the sale, the court will make a judgment in accordance with the law.

Commercial housing can be listed and traded. The private house is the right of use. It cannot be bought or sold. Can only be rented.

The most important aspect: small property rights are family houses, which are not tradable. Commercial housing can be bought and sold at will.