Eighty-second houses built by villagers on homestead and other collectively owned construction land according to law may apply for house registration in accordance with the provisions of these measures.
Where there are other provisions in laws and regulations on housing registration within the scope of collective land, those provisions shall prevail.
Article 83 To apply for the initial registration of the ownership of a legally constructed house, the following materials shall be submitted:
(1) Application for registration;
(2) the identity certificate of the applicant;
(three) the certificate of the right to use the homestead or the certificate of the right to use the collectively owned construction land;
(4) The house applying for registration conforms to the urban and rural planning;
(five) the housing surveying and mapping report or the villagers' housing plan;
(6) Other necessary materials.
To apply for the initial registration of villagers' housing ownership, it shall also submit the certificate that the applicant belongs to the rural collective economic organization where the house is located.
When applying for the initial registration of house ownership, rural collective economic organizations shall also submit the certification materials approved by the villagers' meeting or authorized by the villagers' meeting and approved by the villagers' representative meeting.
Eighty-fourth for the initial registration of the ownership of villagers' houses and the initial registration of houses owned by rural collective economic organizations, after accepting the application for registration, the housing registration agency shall announce the application for registration in the rural collective economic organizations where the houses are located. After the announcement, if there is no objection or the objection is not established, it can be registered.
Eighty-fifth in any of the following circumstances, the obligee shall apply for the registration of the change of housing ownership after the relevant legal documents come into effect or the facts occur:
(a) the name of the owner of the house has changed;
(two) the location of the house has changed;
(three) the increase or decrease of housing area;
(four) the same owner divides or merges the house;
(5) Other circumstances stipulated by laws and regulations.
Eighty-sixth housing ownership has been transferred according to law, and the following materials shall be submitted to apply for the registration of housing ownership transfer:
(1) Application for registration;
(2) the identity certificate of the applicant;
(3) Certificate of ownership of the house;
(four) the certificate of the right to use the homestead or the certificate of the right to use the collectively owned construction land;
(five) materials to prove the transfer of housing ownership;
(6) Other necessary materials.
To apply for the registration of the transfer of ownership of villagers' housing, it shall also submit the certification materials of the rural collective economic organizations agreeing to the transfer.
Where a rural collective economic organization applies for the registration of house ownership transfer, it shall also submit the certification materials approved by the villagers' meeting or authorized by the villagers' meeting and approved by the villagers' representative meeting.
Eighty-seventh to apply for the registration of the transfer of ownership of rural villagers' houses, and the transferee is not a member of the rural collective economic organization where the house is located, unless otherwise provided by laws and regulations, the house registration agency shall not handle it.
Article 88 Where a building such as a factory building of a township enterprise is mortgaged according to law and applies for mortgage registration, the following materials shall be submitted:
(1) Application for registration;
(2) the identity certificate of the applicant;
(3) Certificate of ownership of the house;
(4) Certificate of the right to use collectively-owned construction land;
(5) Principal creditor's rights contract and mortgage contract;
(6) Other necessary materials.
Eighty-ninth housing registration agencies to register houses within the scope of collective land, should indicate the words "collective land" in the housing registration book and housing ownership certificate.
Article 90 The registration of easement, advance notice, correction and objection of houses within the scope of collective land may refer to the relevant provisions on the registration of houses within the scope of state-owned land.
In addition to the above provisions, according to the local actual situation, there are also some specific provisions. I suggest you go to the local housing management department for detailed consultation.
Question 2: Can I transfer ownership when buying a house in the countryside? Now the rural land use certificate and real estate license have stopped. You said that if you can get the real estate license, you have to find someone to do it. The date has been added for more than nine years. It has stopped now.
If you want to buy this kind of house, you can go to the notary office with the original landlord for notarization. Don't take out the real estate license when demolition, because many rural areas don't have real estate licenses, and you may temporarily build some other houses. The area above is definitely smaller than the actual area of the house you are building now. Nowadays, rural demolition is generally measured on the spot.
Question 3: Non-agricultural people buy farmers' houses in rural areas. Can the house photos be transferred? Let me give you some advice:
1 first of all, you should confirm the land nature of the house, because according to the current regulations, the property on collective land cannot be sold, and it is necessary to ensure that the house is built on state-owned land. If the land used for this house is collective land in the village, it is stipulated that only people with this collective account can buy it. If your father is a collective account, the business in that year can be guaranteed to be legal;
2. Now your urgent task is to transfer the real estate license, but you are not a collective hukou, and the village will not agree to transfer the ownership. Unless you can move your hukou back to the village, you can ask the township leader to do this;
3. After moving the registered permanent residence back to the village, you can go through the transfer formalities with the heir of the original owner. After completing the transfer formalities, you can get a new homestead certificate and then apply for a new house.
I wish you a smooth solution!
A Bin, a real estate agent, will answer your questions.
Question 4: How to handle the transfer procedures of rural houses? Houses in rural areas, like houses in cities, also have real estate licenses. Therefore, after buying and selling farmhouses, you need to remember to handle the transfer of farmhouses.
1. Where can I transfer the ownership of the farm house?
When transferring rural houses, you need to know where to go first. According to the law of our country, the transfer of rural houses must be handled by the township land bureau.
Second, what about the transfer of rural houses? What procedures are needed?
Rural housing transfer needs to apply to the township land office. After submitting the relevant materials, the local land and resources bureau will conduct an audit according to the ownership information provided by the applicant, conduct a field survey, make an announcement, and report to the land and resources bureau for examination, registration and certification.
Third, what should I do about the transfer of rural houses? What materials are needed?
Rural housing transfer and housing ownership transfer according to law, when applying for housing ownership transfer registration, the following materials shall be submitted:
(1) Application for registration;
(2) the identity certificate of the applicant;
(3) Certificate of ownership of the house;
(four) the certificate of the right to use the homestead or the certificate of the right to use the collectively owned construction land;
(five) materials to prove the transfer of housing ownership;
(6) Other necessary materials.
To apply for the registration of the transfer of ownership of villagers' housing, it shall also submit the certification materials of the rural collective economic organizations agreeing to the transfer.
Question 5: Can the ownership certificate be transferred when buying and selling houses in rural areas? Let me give you some advice:
1 first of all, you should confirm the land nature of the house, because according to the current regulations, the property on collective land cannot be sold, and it is necessary to ensure that the house is built on state-owned land. If the land used for this house is collective land in the village, it is stipulated that only people with this collective account can buy it. If your father is a collective account, the business in that year can be guaranteed to be legal;
2. Now your urgent task is to transfer the real estate license, but you are not a collective hukou, and the village will not agree to transfer the ownership. Unless you can move your hukou back to the village, you can ask the township leader to do this;
3. After moving the registered permanent residence back to the village, you can go through the transfer formalities with the heir of the original owner. After completing the transfer formalities, you can get a new homestead certificate and then apply for a new house.
I wish you a smooth solution!
A Bin, a real estate agent, will answer your questions.
Question 6: Can rural homestead be transferred? Can transfer ownership, how to operate specifically, it is recommended to consult the village land management office first.
Question 7: How to transfer the house in rural homestead? Just apply for land change registration directly. What are you doing in the notary office? After the land is changed, you can go to the housing management department to go through the registration formalities of house change with relevant information.
Article 40 of the Measures for Land Registration, if the sale, exchange and gift of buildings, structures and ancillary facilities on the ground according to law involves the transfer of the right to use construction land, the parties concerned shall apply for the change registration of the right to use construction land with the original land ownership certificate, the changed house ownership certificate and the relevant certification materials for the transfer of land use rights.
Article 85 of the Measures for Housing Registration is under any of the following circumstances, the obligee shall apply for the registration of the change of housing ownership after the relevant legal documents come into effect or the facts occur:
(a) the name of the owner of the house has changed; (two) the location of the house has changed;
(three) the increase or decrease of housing area;
(four) the same owner divides or merges the house;
(5) Other circumstances stipulated by laws and regulations.
Eighty-sixth housing ownership has been transferred according to law, and the following materials shall be submitted to apply for the registration of housing ownership transfer:
(1) Application for registration;
(2) the identity certificate of the applicant;
(3) Certificate of ownership of the house;
(four) the certificate of the right to use the homestead or the certificate of the right to use the collectively owned construction land;
(five) materials to prove the transfer of housing ownership;
(6) Other necessary materials.
To apply for the registration of the transfer of ownership of villagers' housing, it shall also submit the certification materials of the rural collective economic organizations agreeing to the transfer.
Where a rural collective economic organization applies for the registration of house ownership transfer, it shall also submit the certification materials approved by the villagers' meeting or authorized by the villagers' meeting and approved by the villagers' representative meeting.
Question 8: Can rural houses be transferred? According to common sense, if you are a city dweller, buying a house or land in the countryside is not allowed. Deeds that have no ownership at all are at most the right to use. Does justice work? If people in the village say they want to use your house, you won't discount it. However, if your parents are local, it may be negotiable. But this house or land has no permanent use right for children. Which means it can't be passed down from generation to generation. I hope I can help you. This is the case in my family.
Question 9: How to transfer the ownership of rural houses? If you don't go to the local real estate, you can go directly to the village Committee to change your name and transfer in accordance with the practical housing method, without paying taxes, etc.
If you have already registered the real estate, you need to do it in the way of commercial housing, as follows ~
1. After the contract is signed, both the buyer and the seller shall apply for surveying and mapping at the surveying and mapping company of the housing management department with their personal identification, house ownership certificate, household registration book, marriage certificate, sales contract, certificate of the village committee's consent to the sale and transfer, and ownership transfer approval form, and issue new surveying and mapping drawings;
2. Both parties bring (1) the said materials to the appraisal company entrusted by the housing management department and the tax department to apply for appraisal; After acceptance, the appraisal company will issue an appraisal report and pay the appraisal fee according to the appraisal procedure.
3. Both parties bring the information in Item (2) to the tax authorities to apply for payment of deed tax; After the tax department accepts it, it carefully examines it, issues a deed tax form and pays the deed tax; The application for payment (or reduction) of business tax and individual tax shall be carefully examined by the tax authorities after acceptance, and a tax form (tax exemption form) shall be issued if it meets the requirements;
4. Both parties shall apply to the housing management department with the materials in Item (3), and pay the evidence collection fee after examination and approval by the housing management department.
Just pay attention: buying and selling requires a village account ~
Question 10: Can rural houses be donated and transferred? Houses in rural areas are built on collective land. Therefore, in principle, it is allowed to be given to village collective members or close relatives who are not village collective members.
Houses in rural areas can only be transferred after the land use certificate is given to the village collective members.
The principle of next of kin can also be transferred.
If there is only the permission of the village Committee and there is no land use procedure issued by the land department, it is difficult to go through legal procedures.