Can a self built house in a rural area be bought and sold with a real estate certificate?

No, if it is a house sale, both parties must go to the notary office to notarize, and go through the relevant procedures, taxes, transfer and other real estate certificates before they can be changed to the relevant departments.

Rural self-built houses can be bought and sold with real estate certificates, but they are. It can only be sold to a villager in the village, and the self-built house in the countryside belongs to collective land. City people. People in the city can't sell this house, and they can't transfer it.

Self-built houses in rural areas have real estate certificates, which belong to their own legal private property, which can be bought and sold and mortgaged.

If a house built in a rural area has a real estate certificate that can be bought and sold, there is a premise that must follow the laws and regulations of the state.

Under normal circumstances, it is not allowed to buy and sell, but there are still many people who buy and sell privately.

In principle, it can only be sold to the villagers of this village, I don't know if there are any specific regulations in your local area.

Its purchase and sale can only be limited to the members of the collective economic organization. In other words, such transactions by non-village persons are often deemed invalid under the law.

Of course, you can buy and sell, and if I've already bought a house, and the house in the countryside is idle, I can buy him and sell him.

As long as there is a real estate certificate, the house can be bought and sold, and it seems that the rural ones can also be sold.

Self-built houses in rural areas can only be sold to villagers and cannot be sold to other people if they have property ownership certificates.

Due to the particularity of rural homesteads, rural self-built houses can only be bought and sold among villagers in their own villages, because the homesteads used for self-built houses are owned by the village collective, not private property, and cannot be enjoyed by villagers who are not in their own village.

Self-built houses in rural areas can only be sold to people with household registration in their own villages, but not to people with household registration in urban areas.

In this case, there is a system of rural regulations in rural areas, and houses cannot be sold to people from other places, but only to people from their own villages.

1. Can self-built houses in rural areas be bought and sold?

1. Self-built houses in rural areas can be bought and sold, but they can only be sold to people with rural hukou, not to urban residents. The purchase and sale of the house must be approved by the villagers' committee; In addition, the buyer cannot occupy the homestead in disguised form by purchasing a house, and if he already owns the homestead, the rural housing transaction will be invalid.

2. Legal basis: Article 62 of the Land Management Law of the People's Republic of China.

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.

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.

The State allows rural villagers who have settled in urban areas to voluntarily withdraw from their homesteads with compensation in accordance with the law, and encourages rural collective economic organizations and their members to revitalize and utilize idle homesteads and idle residences.

The competent departments of agriculture and rural affairs are responsible for the work related to the reform and management of rural homesteads nationwide.

2. Whether a loan can be taken out for a self-built house.

1. Rural housing construction loans are loans issued for individual industrial and commercial households and natural persons with full civil capacity within the county for the construction of houses;

2. Domestic residents who are required to be between 18 and 60 years old, and whose domicile or production and business premises should be within the service jurisdiction of the Associated Society, and have full capacity for civil conduct;

3. The borrower shall apply for a loan to build a house with the approval of the local village and town construction department and provide relevant supporting materials before it can be built;

4. The borrower must have no less than the specified proportion of its own funds, have a strong credit concept, good credit status, and have the ability to repay the principal and interest of the loan on time.

Self-built houses without a real estate certificate cannot be bought and sold, and they can only be bought and sold if they have a real estate certificate.

1. You can also get a house ownership certificate for self-built houses in rural areas, and if you can't get it, you don't have to handle it according to the "Housing Registration Measures".

Article 82 Villagers' houses built using homestead land in accordance with the law and houses built using other collectively owned construction land in accordance with the law may apply for housing registration in accordance with the provisions of these Measures.

Article 83: Where an application for initial registration of house ownership is made for the lawful construction of a house, the following materials shall be submitted:

1) Application for registration;

2) Proof of the applicant's identity;

3) Proof of the right to use the homestead or the certificate of the right to use the land for collectively owned construction;

4) Proof that the registered house conforms to urban and rural planning;

5) Housing surveying and mapping report or village floor plan;

6) Other necessary materials.

2. Buying and selling are also conditional:

Where the transferee is not a member of the rural collective economic organization where the house is located, the housing registration authority shall not handle the application for registration of the transfer of housing ownership of rural villagers, except as otherwise provided by laws and regulations.

If the land is collectively owned, it cannot be listed and traded, nor can it go through the procedures for transferring property rights, but can only be bought and sold within the collective in one's own village, that is to say, the house can only be sold to the people of one's own village.

3. It can be rented, but it is necessary to go through the relevant procedures and pay the relevant taxes and fees in accordance with the law. As long as it is legally in your name, the country will not be innocent.

4. The house can be inherited, but the homestead cannot be inherited. According to the law, the ownership of homesteads used by citizens belongs to the state or the collective; Land owned by the state and collectives can be determined to be used by individuals in accordance with the law, that is, citizens have the right to use the homestead land according to law, but it is not ownership.

The inheritance must be the property legally owned by the citizen, and the owner has ownership of these properties, so the citizen cannot inherit the homestead as an inheritance, but only has the right to use it.

Hello, it's a pleasure to answer your questions. According to the regulations, rural self-built houses with collective land use certificates can only be transferred to the first place belonging to the village's household registration, and urban people and other outsiders are not allowed to buy self-built houses built on rural homesteads. But in our rural areas, there are many outsiders and city dwellers who have bought villagers' homesteads and self-built houses.

I heard from them that there was no formal purchase and sale formality, but only a land transfer contract signed by the village committee.

This practice is definitely not legal, and I don't know why it can always exist.

I was originally a rural person who joined the army and was assigned to work in the city after demobilization, and after retiring from the body, I moved the whole family's household registration back to the ancestral village, I received a retirement fund, and the niece of a family member received a rural collective economic membership certificate, 15 years ago, I bought a house with a real estate ownership certificate in a rural self-built house and went to the notary office to go through the registration procedures, when I bought it, the whole town was frozen due to the repair of the motor car, and the procedures for buying and selling the house were not completed until now, and the seller now does not cooperate with the transfer procedures, we think the appeal court will win the case.

We have been using it for 16 years, the village committee has proved that the house is ours, and we have both registered it with the notary office, will the Court of Appeal win the case? Please respond.

As long as your household registration belongs to the countryside, the purchase of homesteads that meet the conditions for sale and purchase in the place of household registration is protected by law.

Therefore, the chances of winning the appeal are very high, and this can only represent a personal opinion, because there are many rules and regulations that need to be clarified, and it is best to take all the bases to the law firm for systematic consultation.

However, some people say that they can't buy a rural house if they don't have a rural collective economic certificate if they have a household registration?

According to the provisions of the rural land circulation policy, land with a rural collective land use certificate can be transferred and sold among villagers with household registration within the village collective.

Rural self-built houses can be bought and sold, but generally the following conditions should be met: 1. The consent of the collective economic organization to which it belongs shall be obtained before the sale; 2. The buyer and the seller belong to the same collective economic organization; 3. The transferee has not been allocated the homestead before. According to Article 143 of the Civil Code, civil juristic acts are valid if they meet the following conditions:

1) The actor has the corresponding capacity for civil conduct; 2) The meaning is genuine; (3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs. Article 153 stipulates that civil juristic acts that violate the mandatory provisions of laws and administrative regulations are invalid. However, the mandatory provisions do not lead to the invalidity of the civil juristic act.

Civil juristic acts that are contrary to public order and good customs are invalid. Article 143 of the Civil Code provides that civil juristic acts that meet the following conditions are valid: (1) The actor has the corresponding capacity for civil conduct; 2) The meaning is genuine; (3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

Article 153 of the Civil Code is invalid for civil juristic acts that violate the mandatory provisions of laws and administrative regulations. However, the mandatory provisions do not lead to the invalidity of the civil juristic act. Civil juristic acts that are contrary to public order and good customs are invalid.

Self-built houses in rural areas that have been approved have real estate certificates in accordance with the law. The real estate certificate is a written certificate issued by the real estate registration authority to prove the ownership of the house, and the establishment, change, transfer and extinction of the property right of the house shall take effect after registration in accordance with the law, and the self-built house as real estate shall be subject to the registration of real rights.

Article 3 of the Regulations for the Implementation of the Land Management Law.

The State implements a system of registration and issuance of certificates for land in accordance with the law. The ownership and use rights of land registered in accordance with the law are protected by law and may not be infringed upon by any unit or individual.

Article 18 of the Interim Regulations on the Registration of Immovable Property.

Where an application for immovable property registration is accepted by a real estate registration authority, it shall conduct an inspection in accordance with the following requirements:

1) Whether the site, spatial boundaries, area and other materials of the immovable property are consistent with the disturbance and condition of the immovable property applied for registration;

2) Whether the materials and documents related to the repentance are consistent with the content of the application for registration;

3) Whether the application for registration violates the provisions of laws and administrative regulations.