2. The Land Management Law of the People's Republic of China stipulates that the rural homestead belongs to the peasant collective economic organization, and only the members of the organization can enjoy the right to use the homestead; Rural villagers can only own one homestead; After the rural villagers sell or rent their houses, they are not allowed to apply for homestead. Judging from the above provisions, although the law does not prohibit rural villagers from selling or renting houses built on homesteads, the subject of selling houses is limited.
Three, the sale of rural houses is generally the villagers of rural collective economic organizations, and the buyer has two situations: one is the internal members of the collective economic organizations, and the other is the external members of the collective economic organizations.
1, the internal members of collective economic organizations are divided into three specific situations:
(1) has its own homestead and meets the national homestead standard;
(2) the existing homestead has not yet reached the national standard;
(3) has settled in the collective economic organization, but not assigned to the homestead. According to the regulation that a villager can only own one homestead, it is impossible for villagers who already own a homestead and meet the national standards to apply for a homestead again. In the second case mentioned above, the villagers' application for a second homestead exceeding the national standard should not be approved. As for the third case, you can apply for construction land according to law.
2. If it is a member other than a collective economic organization, there will be two situations:
(1) Urban residents. According to the second paragraph of Article 2 of the Notice on Strengthening Land Circulation Management and Prohibiting Land Speculation issued by the State Council General Office 1999, farmers' houses shall not be sold to urban residents, nor shall urban residents be allowed to occupy farmers' collective land for building houses, and the relevant departments shall not issue land use certificates and real estate licenses for illegally built and purchased houses.
(2) Farmers outside the collective economic organizations. According to the relevant provisions of the State Land Management Law, only members of the collective economic organization are eligible to use the homestead of the organization. Therefore, farmers outside the collective economic organizations are not legal buyers of rural houses.