Can rural houses be bought and sold? Can rural houses 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.

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.

Homestead houses can only be transferred to the right of use, not bought or sold. The transfer must meet the following four points:1

It needs to be approved by the villagers' committee of the village and approved by the township-level **; 2.The transferor and the transferee are both villagers of the village; 3.The transferee does not have a homestead and meets the conditions for applying for a homestead; 4.

The right to use the homestead cannot be transferred separately and must be transferred together with the house.

Aiwu Yoshiya, Anjuke, etc.

Founded in March 2014, Aiwu Yoshiya is a professional real estate agency that integrates online and offline across the country. In the past year, it has been fully rolled out in Beijing, Shanghai, Guangzhou and Shenzhen, providing professional second-hand housing and rental intermediary services for owners and customers.

Founded in January 2007, Anjuke is a domestic real estate rental and sales service platform, focusing on real estate rental and sales information services. It comprehensively covers the four major businesses of new housing, second-hand housing, rental housing and commercial real estate, and provides an efficient platform for developers and brokers.

Disputes over the sale and purchase of second-hand houses: what are the legal conditions for the sale and purchase of houses in rural areas?

Summary. Rural houses can be bought and sold. However, there are restrictions on the subjects of buyers and sellers.

According to the laws of China, the seller is generally a villager of the rural collective economic organization, while the buyer has two situations: one is a member within the collective economic organization, and the other is a member outside the collective economic organization.

Hello, I am a cooperative lawyer of LegalPro platform, I am happy to serve you, I have received your questions, please wait.

Hello, I am a cooperative lawyer of LegalPro platform, I am happy to serve you, I have received your questions, please wait.

Rural houses are made by Lao Ming and 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 a villager of a rural collective economic organization, while the buyer has two situations:

The first is a member within the collective economic organization, and the second is a member outside the collective economic organization.

If you can buy it, the brigade will change the name and issue a certificate.

Do you want to settle in the countryside?

Or is it just to buy a house.

Is it legal? Will there be disputes in the future?

It's not about settling down, it's just about buying a bungalow.

It is legal to follow the normal procedure. There will be no disputes in the future.

Is it okay not to settle down?

OK. It's just a purchase.

What happens if it is requisitioned and demolished? Will it be treated the same as the villagers?

It's not the same treatment.

Legal analysis: Can be bought and sold. Only if the following conditions are met can a rural house be legally bought and sold:

1. The seller's companion 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.

Legal basisArticle 62 of the Land Management Law of the People's Republic of China A rural villager household may only own one homestead land, and the area of the homestead shall not exceed the standards set by provinces, autonomous regions and municipalities directly under the Central Government. In areas where per capita land is scarce and those who cannot protect the land are suspected of having a homestead land owned by one household, the people at the county level may, on the basis of fully respecting the wishes of the rural villagers, take measures to ensure that the rural villagers have a place to live in accordance with the standards set by the 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.

: Can be bought and sold. The "Land Management Law of the People's Republic of China" stipulates that rural homesteads belong to farmers' collective economic organizations, and only members of such 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 houses built on homesteads, it does impose restrictions on the buying and selling entities.

The first party of rural housing sales is generally the villagers of the rural collective economic organization, and 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. Article 62 of the Land Management Law of the People's Republic of China provides that a rural villager household may only own one homestead, and the area of the homestead shall not exceed the standards set by the provinces, autonomous regions and municipalities directly under the Central Government.

Villagers in rural areas who have failed to build houses shall conform to the overall land use regulations of townships (towns) and use the original homesteads and vacant land in the village as much as possible. The residential land of rural villagers shall be reviewed by the people of the township (town) and approved by the people at the county level; 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 or rent their houses and then apply for homestead land will not be approved.