What is the property right of a self built house, and is there a real estate certificate?

Self-built housesHome ownershipIt certainly belongs to the individual, but the land on which the house is built belongs to the collective, and the individual only has the right to use it, but not the right to own it.

Self-built houses, generally refers to rural self-built houses, in the past there were some self-built houses in cities and towns, but with the advancement of China's urbanization process, the threshold for urban land acquisition is getting higher and higher, and there are fewer and fewer self-built houses in towns.

Regardless of whether it is a self-built house or a commercial house, the owner of the house generally has two rights. One is the right to the house itself, and the other is the right to the land on which the house is built. The property rights of self-built houses definitely belong to individuals, but the land on which houses are built belongs to the collective, and individuals only have the right to use but not the right to own.

Land use rights.

It is a unique right to use things in China, and it is a collective economy obtained by peasant friends in accordance with the law.

All homesteads.

and may have permanent possession, use and limited disposal rights on the homestead. In rural areas, land use rights have the characteristics of permanent use, gratuitous use, and strict identity authentication.

Hello! Generally, it is 70 years old, and you can apply for a real estate certificate.

1. What property rights do self-built houses belong to?

1. Self-built houses belong to individual property rights, but the land on which houses are built belongs to the collective, and individuals only have the right to use but not the right to own. Regardless of whether it is a self-built house or a commercial house, the owner of the house generally has two rights, one is the right to the house itself, and the other is the right to the land on which the house is built.

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. What are the application conditions for self-built houses in rural areas?

The application conditions for self-built houses in rural areas are as follows:

1. The applicant must be between the ages of 18 and 65 and have full capacity for civil conduct;

2. The applicant's self-built house has been approved by the local township ** and belongs to the legal construction house;

3. The applicant must have the ability to pay the down payment and have his own funds;

4. The applicant has a stable income and the ability to repay the bank loan;

5. The applicant has no bad credit record or overdue credit investigation in the bank.

Legal analysis: Self-built houses can have real estate certificates, and the property owners need to register with the real estate registration authorities and obtain the property rights certificate.

Legal basis: Interim Regulations on the Registration of Immovable Property

Article 14 Where an application for registration of immovable property is made for sale, mortgage creation, etc., both parties shall jointly apply for it. In any of the following circumstances, the parties may apply unilaterally: (1) The immovable property that has not yet been registered is applied for registration for the first time; (2) Inheriting or accepting a bequest to acquire immovable property rights; (3) The establishment, modification, transfer, or extinction of immovable property rights in effective legal documents of the people's courts or arbitration commissions, or effective decisions of the people's courts; (4) The name or title of the right holder or the natural condition changes, and the application for modification of registration is made; (5) The immovable property is lost or the right holder gives up the right to the immovable property and applies for cancellation of registration; (6) An application for correction of registration or registration of objections; (7) Other circumstances where laws or administrative regulations provide that a unilateral application may be made by the parties.

Article 16 The applicant shall submit the following materials and be responsible for the authenticity of the application materials: (1) Application for registration; (2) The identity materials of the applicant and the ** person, and the power of attorney; (3) Relevant real estate ownership certificates, registration reason certificates, and real estate ownership certificates; (4) Materials such as the site, spatial boundaries, and area of immovable property; (5) Explanatory materials on the interests of others; (6) Other materials provided for by laws, administrative regulations, and detailed rules for the implementation of these Regulations. The immovable property registration authority shall disclose the information such as the catalogue of materials and model texts required for application for registration in the office space and on the portal.

Article 18 Where an application for registration of immovable property is accepted by a immovable property registration authority, it shall conduct an inspection in accordance with the following requirements: (1) Whether the immovable property boundary, spatial boundary, area and other materials are consistent with the status of the immovable property applied for registration; (2) Whether the relevant supporting materials and documents are consistent with the content of the application for registration; (3) Whether the application for registration violates laws and administrative regulations.

Article 20 The immovable property registration authority shall complete the formalities for the registration of immovable property within 30 working days from the date of acceptance of the application for registration, except as otherwise provided by law.

Article 21 The registration of registered items shall be completed when they are recorded in the immovable property register. When the immovable property registration authority completes the registration, it shall issue the immovable property ownership certificate or registration certificate to the applicant in accordance with the law.

Legal Analysis: Yes. The homestead used for self-built houses in rural areas belongs to the collective, and it is also possible to apply for a real estate certificate, but it is necessary to apply for it first and receive real estate only after passing the examination and approval.

If the self-built houses in rural areas do not have real estate certificates, it means that the possibility of illegal construction will be very high, and they will not be protected by relevant laws, and they will also face the possibility of forced demolition.

Legal basis: Article 231 of the Civil Code Where a real right is established or extinguished as a result of a factual act such as the lawful construction or demolition of a house, it shall take effect when the factual act is completed.

Article 359 of the Civil Code: 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 right to use land for non-residential construction after the expiration of the term shall be handled in accordance with the provisions of 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; Where there is no agreement or the agreement is not clear, it is to be handled in accordance with the provisions of laws and administrative regulations.