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Can rural houses be bought and sold

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Can rural houses be bought and sold


        

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  • 2024-06-06 05:01:40

    Rural houses can be bought and sold.

    However, to buy and sell rural houses, the following conditions must be met:

    1. The subject qualification of house buyers is legal.

    The homestead on which rural houses depend belongs to the rural collective members, so the house buyers must be the villagers' collective members, and urban residents do not have the subject qualification to purchase rural houses.

    2. The subject qualification of the seller is qualified.

    The seller must have the right to possess, use, benefit from and dispose of all his property, and if the co owners of the house want to jointly dispose of the house, the sale of the house can be effective.

    3. The purchaser meets the conditions for applying for homestead.

    A rural villager can only have one homestead. Villagers with homestead cannot apply for homestead, so the house buyer must meet the requirement that there is no homestead under his name before purchase.

    4. The sale is approved by the villagers' committee.

    Rural collective economic organizations have the right to make substantive sanctions on such property rights, so if the house is to be sold, it must be approved by the village committee.

    [Legal Basis]

    According to Article 62 of the Land Administration Law, a rural villager can only own one homestead, and the area of its homestead shall not exceed the standards set by provinces, autonomous regions, and municipalities directly under the Central Government.

    In areas where the per capita land is too small to guarantee that one household owns one homestead, the people's government at the county level, on the basis of fully respecting the wishes of rural villagers, can take measures to ensure that rural villagers have their own homes according to the standards stipulated by provinces, autonomous regions and municipalities directly under the Central Government.

    The construction of houses by rural villagers shall conform to the general plans for land use of townships (towns) and villages, shall not occupy permanent basic farmland, and shall try to use the original house sites and vacant land in villages. In the compilation of the general plans for land use of townships (towns) and village plans, overall planning and rational arrangement shall be made for the use of land for house sites to improve the living environment and conditions of rural villagers.

    Land used by rural villagers for residential purposes shall be examined and approved by the township (town) people's government; Where occupation of agricultural land is involved, the examination and approval procedures shall be handled in accordance with the provisions of Article 44 of this Law.

    Rural villagers who apply for homestead after selling, renting or donating houses shall not be approved.

    The state allows rural villagers who have settled in cities to voluntarily withdraw from homestead with compensation according to law, and encourages rural collective economic organizations and their members to revitalize and utilize idle homestead and idle houses.

    The department in charge of agriculture and rural areas under the State Council is responsible for the reform and management of rural homestead throughout the country.

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