Urban residents can't buy homesteads and farmers' houses.
Netizen: My home is in the county, and I want to go to other villages to buy a homestead. Some people say I want to sell. He has a land certificate and covers an area of 240 square meters. I would like to ask how to transfer or not, how to go through the formalities and get protection?
The Notice of the General Office of the State Council on Strengthening the Management of Land Transfer and Prohibiting Land Speculation (Guo Ban Fa [1999] No.39) stipulates that farmers' houses shall not be sold to urban residents, nor shall urban residents occupy farmers' collective land for building houses, and relevant departments shall not issue land use certificates and real estate licenses for illegally built and purchased houses.
The Opinions on Strengthening the Management of Rural Homestead (No.234 [2004] of the State Administration of Land and Resources) stipulates that it is strictly forbidden for urban residents to buy homesteads in rural areas, and it is strictly forbidden to issue land use certificates for houses purchased and illegally built by urban residents in rural areas.
The second point of the Notice of the General Office of the State Council on Strict Enforcement of Laws and Policies on Rural Collective Construction Land (Guo Ban Fa [2007] No.71) stipulates that rural homesteads can only be allocated to villagers in the village, and urban residents are not allowed to buy homesteads, farmers' houses or? Small property right house? . Units and individuals shall not illegally lease or occupy land collectively owned by farmers for real estate development. Rural villagers can only own one homestead, and its area shall not exceed the standards set by provinces, autonomous regions and municipalities directly under the central government. Rural villagers who apply for homestead after selling or renting houses shall not be approved.
As can be seen from the above, according to the current national policy, urban residents cannot buy homesteads and peasant houses in rural areas. Although urban residents cannot go to the countryside to buy homesteads and farmers' houses, it is not completely impossible for urban residents to build houses in the countryside. For example, Hunan, Shandong and other places proposed to allow returnees to cooperate with local farmers to rebuild their own houses on the premise of complying with the Regulations on the Management of Rural Homestead and related plans. However, it is strictly forbidden to use rural homestead to build villas, courtyards and private halls for illegal trading of homestead.
The transfer of the right to use the homestead should meet several conditions.
Article 162 of the Property Law (adopted at the Fifth Session of the Tenth National People's Congress on March 16, 2007) stipulates that, with the collective consent, the owner of the right to use the homestead can transfer the built house to farmers who meet the distribution conditions of the right to use the homestead; When the house is transferred, the right to use the homestead is transferred together. Urban residents are prohibited from buying homesteads in rural areas. Farmers who transfer the right to use the homestead in accordance with the provisions of the preceding paragraph may not apply for the homestead again.
From the above, the legal transfer of the right to use the homestead needs to meet the following conditions:
1. The transferor and the transferee are members of the same collective economic organization;
2. The transfer must obtain the consent of the collective economic organization;
3. The right to use the homestead shall not be transferred separately, but must be transferred together with the legally built house.
4. The transferee shall meet the distribution conditions of the right to use the homestead.
Transfer procedure of homestead use right
The following are the procedures for the transfer of the right to use the homestead in Yiwu for your reference.
Procedures for independent negotiation and transfer of the right to use rural residential land:
(1) Submission of application: both parties to the transfer submit a written application to the village or town people's government (street office) where the homestead is located with relevant materials (the written application must be signed and confirmed by all the obligees of the transferor).
(2) Condition review: the village and town people's governments (street offices) review the transfer conditions; Before the review is passed, the transfer review shall be publicized in the village affairs column for five working days.
(3) Signing a contract: Signing a transfer contract shall be certified by the people's government of the village or town (street office) or notarized by a notary office.
(4) Registration of property rights: After paying the relevant fees as agreed in the contract, both parties to the transfer can apply for registration of property rights transfer to the real estate registration center with the transfer examination form, transfer contract, property right certificate, tax payment certificate and other related materials.
Listing and transfer procedures of rural homestead use right trading platform:
(1) Application submission: The transferor submits a written application to the township people's government (street office) where the homestead is located with relevant materials (the written application must be signed and confirmed by all the obligees of the transferor), and the township people's government (street office) examines and sets the transferee's qualification and issues a written opinion.
(II) Entrustment for listing: The transferor entrusts the trading platform designated by the government for listing and transfer, and attaches opinions, real estate warrants and other related materials.
(3) Listing transfer: the trading platform is listed and transferred according to legal procedures, and the transaction is confirmed and the transfer contract is signed. The township and town people's governments (street offices) shall examine the qualifications of the transferee and issue relevant certification materials.
(4) Registration of property rights: After paying the relevant fees as agreed in the contract, both parties to the transfer can apply for registration of property rights transfer to the real estate registration center with the transfer examination form, transfer contract, property right certificate, tax payment certificate and other related materials.