Can private houses on township streets be bought and sold?

State-owned land in towns is allowed, but collective land houses in townships and villages are not. Rural houses can only be bought and sold by the people of the village, and those who are not purchased by individuals or units organized by the village collective are not protected by law after the sale, and the houses on the homestead are not allowed to be transferred to urban residents after the right is confirmed, and the homestead is owned by the village collective, and the villagers enjoy the right to use and inherit, but cannot be resold to members outside the village collective.

The purpose of issuing certificates for the registration of rural housing ownership is to clarify property rights and protect the property rights and interests of farmers. Rural homestead land can be transferred within the collective economic organization, but it is not allowed to be sold to people outside the collective economic organization. If the homestead can be sold to anyone in the society, it will become a commercial house, and the nature of the land will change.

What to pay attention to when buying and selling rural houses.

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.

[Legal basis].

Land Administration Act

Article 9 The land in urban areas of cities shall be owned by the State. Land in rural areas and on the outskirts of cities shall be owned by peasant collectives, except as provided by law for the State; Homesteads, self-cultivated land, and self-cultivated mountains belong to peasant collectives.

*OK**. As long as the relevant approval procedures have been completed in accordance with the law, the private houses on the township streets are legal buildings, and they can be bought and sold if certain conditions are met.

Legal Analysis: Restricted Transfer, Conditions of the Purchaser:

1. Villagers of the village;

2. Those who meet the requirements can apply for homestead but do not have homestead. As long as the conditions are met, take the contract signed by both parties, the certificate of the village committee, the house ownership certificate and the collective land use right certificate, ID card, and household registration book to the Housing Management Bureau and the Land Bureau for processing.

1) A small property right house is a house built on collective land, homestead or cultivated land without the approval of the state;

2) Small property rights belong to illegal buildings acquiesced by the state, so there are no requirements such as service life;

3) Large property rights are houses that can be traded normally in the market due to land certificates and real estate certificates issued by the state, and the service life is 70 years.

Legal basis: Article 63 of the Land Management Law of the People's Republic of China stipulates that the use right of land owned by peasant collectives shall not be assigned, transferred or leased for non-agricultural construction; However, enterprises that conform to the overall land use plan and have obtained construction land in accordance with the law, except for the transfer of land use rights due to bankruptcy, merger and other circumstances.

Legal analysis: The house of the village committee belongs to the common property of the collective economic organization, and generally needs to be discussed and voted on by the villagers' committee and the villagers' congress, and if it is approved, the house can be sold to the members of the collective economic organization.

Legal basis: Organic Law of the People's Republic of China on Villagers' Committees

Article 32: Villages shall establish village affairs supervision committees or other forms of village affairs supervision bodies, which are responsible for villagers' democratic financial management and oversight of the implementation of systems such as the disclosure of village affairs, and its members are elected by villagers' meetings or villagers' representative meetings among villagers, and there shall be personnel with knowledge of accounting and management. Members of villagers' committees and their close relatives must not serve as members of village affairs supervision bodies. Members of the village affairs supervision body are responsible to the villagers' meeting and the villagers' representative meeting, and may attend the meetings of the villagers' committee as observers.

Article 36: Where decisions made by villagers' committees or villagers' committee members infringe upon the lawful rights and interests of villagers, the aggrieved villagers may apply to the people's court to revoke them, and the responsible persons bear legal responsibility in accordance with law.

Where villagers' committees do not perform their statutory obligations in accordance with the provisions of laws and regulations, the people of townships, ethnic townships, or towns are to order corrections.

Where the people of townships, ethnic townships, or towns interfere in matters that are within the scope of villagers' autonomy in accordance with law, the people** at the level above are to order corrections.

Legal analysis: The houses built in the new countryside are all collective land property rights, which can only be lived in, not bought and sold. However, in this regard, which is closely related to the daily life of the peasant masses, the law is constantly adjusting and improving.

Legal basis: Law of the People's Republic of China on the Administration of Urban Real Estate

Nineth collectively owned land in the urban planning area, after being expropriated in accordance with the law into State-owned land, the right to use the State-owned land can be transferred for compensation, except as otherwise provided by law.

17th land users in accordance with the transfer contract to pay the transfer of land use rights, the municipal and county people's land management departments must be in accordance with the transfer contract, to provide the transfer of land; If the transferred land is not provided in accordance with the transfer contract, the land user has the right to terminate the contract, and the land management department shall return the land use right transfer fee, and the land user may claim compensation for breach of contract.

There is a limited transfer, the conditions of the purchaser: 1. Villagers of the village; 2. Those who meet the requirements can apply for homestead but do not have homestead. As long as the conditions are met, take the contract signed by both parties, the certificate of the village committee, the house ownership certificate and the collective land use right certificate, ID card, and household registration book to the Housing Management Bureau and the Guoxun Ming False Land Bureau to do Huaiqiao Li.

1) Small property rights are the land on which the house is built without the approval of the state, but the house built on collective land or homestead and cultivated land; 2) Small property rights belong to illegal buildings acquiesced by the state, so there are no requirements such as service life;