Often self-built houses only have real estate licenses, and the first floor can't be sold separately, so property buyers can't get effective legal protection. The state has strict management over the sale of self-built houses in rural areas. Generally, rural self-built houses can only be sold to members of collective economic organizations, and urban registered families cannot buy rural self-built houses.
Conditions for selling self-built houses:
1. The seller and the buyer are villagers in the same village;
2. The buyer meets the standards for the use of homestead;
3. The houses sold are legally constructed and meet local standards;
4. The buying and selling behavior shall be reported to the collective economic organization for approval.
The process of buying and selling rural self-built houses is as follows:
1, the sale of homestead should be approved in writing by the collective, that is, the villagers' committee;
2. A total of housing, must obtain the consent of other co-owners;
3. Submit the original residence booklet, resident ID card, land certificate, real estate license and other related materials;
4. Go to the property rights registration department to inquire whether the property rights of the house are defective, whether there are mortgages and other guarantees, and whether the people's court has taken property preservation measures such as sealing up;
5. Conclude a written sales contract and go through the approval and transfer procedures. The contract for the sale of homestead shall be approved by the relevant functional departments, and the procedures for the transfer and renaming of the homestead certificate or the collective land use certificate shall be handled; Go to the real estate management department to handle the transfer and renaming procedures of the Real Estate Certificate according to law.
The conditions for the sale of rural homestead are as follows:
1. Before or at the same time when the seller sells the homestead house to urban residents, the homestead occupied by the house has been converted into state-owned land due to expropriation, and the seller who was originally a farmer has also become an urban resident, and the nature of the homestead has changed;
2, urban residents to buy private houses in rural areas, the purchase of housing has been approved by the competent authorities and obtain legal ownership certificates;
3. After buying a house, urban residents will move their household registration into the place where they buy homestead houses and turn them into farmers;
4. The signatory of the Buyer's agreement is a resident, but his spouse, parents and children are members of the collective organization where the house is purchased, and they are jointly funded by family members and live together at the time of purchase. If the village collective economic organization agrees to the contents of the sales contract, it can be recognized as a family joint purchase;
The effectiveness of the same house after multiple transfers can be judged according to the identity of the last buyer and the above principles.
To sum up, self-built houses are generally not allowed to be transferred at different levels, and the real estate bureau does not handle the transfer procedures at different levels, which is regarded as a whole. However, if the owner of the building with the title certificate can sell it layer by layer, the house sales contract is legal and effective.
Legal basis:
Article 362 of the Civil Code of People's Republic of China (PRC)
The owner of the right to use the homestead enjoys the right to occupy and use the collectively owned land according to law, and has the right to use the land to build houses and ancillary facilities according to law.
Article 363
The acquisition, exercise and transfer of the right to use the homestead shall be carried out in accordance with the land management law and relevant state regulations.
Article 364
If the homestead is lost due to natural disasters and other reasons, the right to use the homestead shall be eliminated. Redistribute the villagers who lost their homestead according to law.