Many friends are consulting about the sale of rural houses. Unfortunately, many of them are illegal. If the seller reneges, the rights and interests of the buyer will not be guaranteed. So, can rural houses be legally bought and sold? How to legally buy and sell rural houses?
Rural housing sales can be divided into three categories: one is rural housing sales between urban residents and rural residents; One is the sale of rural houses between rural residents and members of the collective economy; One is the sale of rural houses between rural residents and non-collective economic members.
1. There is no dispute about the effectiveness of urban residents buying rural houses in rural areas in judicial practice. According to the Land Management Law of the People's Republic of China, the Notice of General Office of the State Council on Strengthening Land Circulation Management and Prohibiting Land Speculation, and the Opinions of the Ministry of Land and Resources on Strengthening Rural Homestead Management, the contract for urban residents to purchase houses in rural areas is invalid.
2. As for the validity of housing sales contracts that are not members of the same collective economic organization, according to the provisions of the Land Administration Law, rural land belongs to collective economic organizations, which means that only members of collective economic organizations can enjoy the right to use collective land. Therefore, Article 153 of the Property Law stipulates that the acquisition, exercise and transfer of the right to use the homestead shall be governed by the Land Management Law and other laws and relevant state regulations. Therefore, a house sales contract that is not signed by a member of the same collective economic organization is also an invalid contract, because according to the law, it is impossible to register the transfer of homestead. Rural land belongs only to the collective. If the house is transferred to non-collective members at will, it will undoubtedly violate the public interests of the collective and the legitimate rights and interests of others, and the contract will be invalid.
Third, the law does not prohibit members of the same collective economic organization from buying and selling houses, but only stipulates that once villagers transfer their houses to others, they can no longer apply for homesteads. However, even the sale of houses between members of the same collective economic organization must meet the following conditions:
(1) The transferor and the transferee are members of the same collective economic organization;
(2) the transfer behavior 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 meets the distribution conditions of the right to use the homestead.
The basis is as follows:
Article 8 of the Land Management Law (revised in 2004) stipulates that urban land belongs to the state. Land in rural areas and suburban areas belongs to farmers' collectives, except for those that are owned by the state according to the law; Homestead, private plots and private hills are collectively owned by farmers.
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.
Opinions on Strengthening the Management of Rural Homestead (Guo Tu Zi Fa [200]