First, understand the situation of rural housing property rights
First of all, it is necessary to clarify the property rights of rural houses. In rural China, many houses have no real estate license, but this does not mean that they have no property rights. These houses may belong to homestead houses on collective land, and their property ownership and transfer procedures have their own particularity.
Second, apply for the homestead use right certificate
Rural houses without real estate license need to apply for homestead use right certificate first. This is an important basis to prove that the house legally uses the homestead. To apply for the right to use the homestead, you need to submit relevant materials to the local township people's government or the land management department, including the identity certificate of the owner of the house and the house ownership certificate.
Three, for housing management authority certificate
After obtaining the right to use the homestead, you must further apply for the house ownership certificate. This usually requires the provision of homestead use right certificate, identity certificate of house owner, housing construction planning permit and other materials. The specific required materials may vary from region to region, so it is recommended to consult relevant local departments for detailed requirements.
Fourth, sign a house sale contract.
Buyers and sellers need to sign a house sales contract to clarify the rights and obligations of both parties. The contents of the contract should include the location, area, price, payment method and transfer time of the house.
Verb (abbreviation of verb) goes through the transfer formalities.
After the signing of the house sales contract, it is necessary to go through the transfer formalities with the local township people's government or the real estate management department. Transfer procedures include submission of relevant documents, payment of taxes and fees, and registration of property rights transfer. When handling the transfer formalities, it is necessary to ensure that all the supporting documents provided are true and effective, otherwise the transfer may fail.
Sixth, pay attention to legal risks.
It should be noted that due to the particularity of rural housing property rights, there may be certain legal risks in the transfer process of houses without real estate license. Therefore, before going through the transfer formalities, it is recommended to consult professional lawyers or relevant local departments to understand relevant laws, regulations and policies to ensure the legality and safety of the transfer process.
To sum up, there are a series of regulations and procedures to follow in the transfer procedures of rural houses without real estate license, including applying for homestead use right certificate, handling house ownership certificate, signing house sales contract, and handling transfer procedures. In the process of handling, we should pay attention to legal risks, ensure that all supporting documents are true and effective, and abide by relevant laws, regulations and policies.
Legal basis:
Land Management Law of the People's Republic of China
Article 62 provides that:
Rural villagers can only own one homestead, and the area of the homestead shall not exceed the standards set by provinces, autonomous regions and municipalities directly under the central government.
Rural villagers should build houses in accordance with the overall land use planning of townships (towns), and try their best to make use of the original homestead in the village.
Rural villagers' residential land shall be audited by the township (town) people's government and reported to the county-level people's government for approval; Among them, those involving the occupation of agricultural land shall go through the examination and approval procedures in accordance with the provisions of Article 44 of this Law.
Rural villagers who apply for homestead after selling or renting houses shall not be approved.
People's Republic of China (PRC) property right law
Article 153 stipulates:
The acquisition, exercise and transfer of the right to use the homestead shall be implemented in accordance with the land management law and other laws and relevant state regulations.
Provisional regulations on the registration of real estate
Article 4 provides that:
The state implements a unified registration system for real estate.
Real estate registration follows the principles of strict management, stability and continuity, and convenience for the masses.
The real estate rights enjoyed by real estate owners according to law shall not be affected by changes in registration institutions and procedures.