Can a collective land use certificate be used to build a house for self use?

There seem to be several concepts involved, which is a bit confusing.

1. The collective land use certificate and the state-owned land use certificate are a pair of concepts; Self-built houses and commercial houses are another pair of concepts. Of course, there is also a pair of concepts, assignment and allocation.

2. Self-built houses are generally corresponding to rural homesteads, which are allocated and collective land use rights. A local rural hukou is required (the Land Management Law has a provision of "one house per household").

To change from collective land to state-owned, it is necessary to go through the procedures for land requisition, and if it was originally agricultural land, it is necessary to go through the procedures for the conversion of agricultural land first.

Building houses on state-owned land is not that simple. Now can not be in the form of allocation of residential land, state-owned land is built is a commercial house, need to go through the transfer procedures, the current land for the procedure has been canceled the agreement to transfer, only to go to the bidding, auction and listing procedures.

3. If, as you add, the land has been expropriated by the collectives and state-owned, the nature has changed. You must go through the relevant procedures according to the state-owned land, if the planning changes, it belongs to the ** control land, then there is no chance, but your land to you pay more than 5w can be handled, it is not a planning change problem.

4. The staff of your land management office there probably have very limited knowledge of land laws and regulations. You already have a collective land use certificate, and on the premise of not changing the use, demolishing the old and building the new on the original site is the most supportive principle of our national land management (the approval of the occupation of cultivated land is very strict). The land issuance certificate must be a person at or above the county level, and it is recommended to consult your county land and resources bureau.

You didn't say whether you are a local hukou or not, only the villagers of the village can renovate. (If you have a local hukou, you don't have to spend money) If it's a town hukou, as they say, it can be rebuilt after it becomes state-owned.

The owner of the land is always the state, and the right to use to build his own house must of course apply for his own land use certificate. The property rights of the houses that have been repaired by the collective land use certificate are collectively owned and not protected by the state.

The expropriation of collective land as the right to use state-owned land requires examination and approval by the land source department at or above the provincial level, and is not handled by county or city groups. Very complicated approval process.

Like the person said, if you have a good location and developed transportation, you can turn it into a state state, and the rate of appreciation of land is amazing.

However, I don't know how much you occupy, if you feel that 50,000 yuan is not much, you can handle it according to the procedure.

Legal Analysis: Yes. It is possible to apply for a real estate certificate for self-built houses on rural collective land.

To apply for the rural homestead real estate certificate, the owner himself shall take the land use certificate, the original price of the ID card and a copy to the window of the hall of the Housing Authority, and the following documents are generally required: 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 survey and mapping report or floor plan of the villager's house.

Legal basis: Regulations for the Implementation of the Land Management Law of the People's Republic of China Article 34 Where rural villagers apply for homestead land, they shall apply to the rural collective economic organization on a household basis; Where no rural collective economic organization has been established, an application shall be submitted to the villagers' group or villagers' committee. The homestead application shall be submitted to the township (town) for review and approval after being collectively discussed and approved by the rural villagers in accordance with the law and publicized within the scope of the collective.

Where the occupation of agricultural land is involved, the approval procedures for the conversion of agricultural land shall be handled in accordance with law.

Legal analysis: It is not possible to build a house with a land use certificate.

Legal basis: Article 11 of the Land Management Law of the People's Republic of China The land owned by the peasant collectives shall be registered by the people at the county level, and the certificate shall be issued to confirm the ownership.

If the land owned by the peasant collectives is used for non-agricultural construction in accordance with the law, the county-level people's first registration shall be made, and a certificate shall be issued to confirm the right to use the land for construction.

The state-owned land used by units and individuals in accordance with the law shall be registered and registered by the people at or above the county level, and the certificate shall be issued to confirm the right to use, and the specific registration and issuance authority of the state-owned land used by the state organs shall be determined by the state-owned land.

Legal analysis: It is not possible to build a house with a land use certificate.

Legal basis: Article 11 of the Land Management Law of the People's Republic of China The land owned by the peasant collectives shall be registered by the people at the county level, and the certificate shall be issued to confirm the ownership.

If the land owned by the peasant collectives is used for the construction of non-agricultural industries in accordance with the law, the people at the county level shall register and make a register, issue a certificate, and confirm the right to use the construction land.

The state-owned land used by units and individuals in accordance with the law shall be registered by the people at or above the county level, and the certificate shall be issued to eliminate the source, and the specific registration and licensing authority of the state-owned land used by the state organs shall be determined by the state-owned land in the right to use.

Article 359 of the Civil Code of the People's Republic of China Where the term of the right to use land for residential construction expires, it shall be automatically renewed. The payment or reduction of renewal fees shall be handled in accordance with the provisions of laws and administrative regulations. The renewal of the Yecongbi after the expiration of the term of the right to use non-residential construction land shall be handled in accordance with the provisions of the law.

If there is an agreement on the ownership of houses and other immovable property on the land, it shall be in accordance with the agreement; If there is no agreement or the agreement of the tenant is not clear, it shall be handled in accordance with the provisions of laws and administrative regulations.