Is it illegal to buy someone else's homestead to build a house?

It is illegal to buy a homestead. According to the law, the ownership of the homestead belongs to the collective, so individuals have no right to transfer the homestead, but they can buy the right to use the homestead. The transfer of the right to use the homestead is also strictly restricted, for example, it can only be transferred between villagers in the village.

Rural homestead refers to the collective land occupied and used by rural farmers or individuals as a living base. Including three types: built houses, built houses or decided land for building. Transaction process.

1. Is it legal to buy and sell houses in rural homesteads?

1. Rural homestead refers to the collective land occupied and used by rural farmers or individuals as a living base. Including three types: built houses, built houses or decided land for building.

2. Although the state has made some regulations on the sale of rural houses and homesteads, the local laws and regulations in practice have even become the main basis for adjusting disputes according to the articles of association and regulations formulated according to policies. In principle, collective land use rights are prohibited from entering the market for non-agricultural construction and being converted into construction land use rights.

3. As the land for villagers to build houses, the homestead can be directly used for non-agricultural construction, and the transfer of the right to use the homestead is not prohibited. However, in terms of how to transfer, the Land Management Law only stipulates the approval or disapproval of the right to use the homestead from the perspective of management, and only regulates the behavior of building houses rather than buying and selling. This has led to disunity in practice.

4. For the sale of rural houses, some areas also stipulate that rural houses must be transferred between specific subjects. If the house built on collective land needs to be transferred, the transferee of the residential house is an individual who meets the application conditions for residential house construction within the scope of the township (town) where the house is located.

5. If the house on collective land needs to be transferred to an assignee other than those specified in the preceding paragraph, it shall go through the transfer procedures in accordance with the provisions of these Measures after the collective land acquisition procedures are handled according to law.

Second, can the homestead house be mortgaged?

Homestead houses can be mortgaged. As long as the nature of homestead ownership is not changed, farmers' house ownership and homestead use right can be used for mortgage loans. It should be noted that the real estate used for mortgage and the lending institution must be located in the same city, and personal consumption loans do not accept off-site collateral. Mortgaged houses and homesteads need clear property rights, and there are no unfavorable situations such as property rights disputes.

Three, the death of the right to use the homestead, children can inherit?

Whether the right to use the homestead is dead or not, and whether the children can inherit it, we should distinguish between two situations. If no house is built on the homestead, the right to use the homestead cannot be inherited separately; If a house has been built on the homestead, the right to use the homestead will be inherited based on the principle of "the land goes with the house" and "the house is integrated". In addition, I would like to remind you that in 2020, the Ministry of Natural Resources and other departments clearly replied that the right to use farmers' homesteads can be inherited by children with urban household registration according to law and registered with real estate. When handling the transfer registration, the applicant shall submit the following documents to the registration authority: application for homestead registration, identity certificate, house ownership certificate, certificate of homestead use right or collective construction land use right certificate, notarization document of inheritance right and other documents. Only the legal proof can build a house on the homestead, and the right to use the homestead and the property right of the house can be proved.

legal ground

Land Management Law of the People's Republic of China (revised on 20 19)

Sixty-second rural villagers can only own one homestead, and the area of their homestead shall not exceed the standards stipulated by provinces, autonomous regions and municipalities directly under the central government. In areas where per capita land is small and it is impossible to guarantee one household and one house, the people's government at the county level can take measures to ensure that rural villagers live in houses on the basis of fully respecting the wishes of rural villagers and in accordance with the standards stipulated by provinces, autonomous regions and municipalities directly under the Central Government. Rural villagers building houses shall conform to the overall land use planning and township (town) village planning, and shall not occupy permanent basic farmland, and try to use the original homestead and village parents. The overall land use planning and village planning of townships (towns) shall make overall planning and reasonable arrangement of homestead, and improve the living environment and conditions of rural villagers. Rural residential land, approved by the township (town) people's government; Among them, those involving the occupation of agricultural land shall go through the examination and approval procedures in accordance with the provisions of Article 44 of this Law. After the rural villagers sell, rent or donate their houses, they will not be approved if they apply for the homestead again. The state allows rural villagers who have settled in cities to voluntarily withdraw from their homesteads with compensation according to law, and encourages rural collective economic organizations and their members to actively use idle homesteads and idle houses. The competent department of agriculture and rural areas in the State Council is responsible for the reform and management of rural housing sites throughout the country.

Article 63 The land owner may hand over the collectively-operated construction land designated as industrial, commercial and other operating land and registered according to law in the overall land use planning and urban and rural planning to units or individuals for use, and shall sign a written contract stating the scope, area, construction period, use period, land use, planning conditions and other rights and obligations of both parties in four boundaries of a piece of land. The transfer or lease of collectively-operated construction land mentioned in the preceding paragraph shall be subject to the consent of more than two thirds of the members of the villagers' meeting of the members of the collective economic organization or more than two thirds of the villagers' representatives. The right to use collectively-operated construction land obtained by means of transfer may be transferred, exchanged, contributed, donated or mortgaged, except as otherwise provided by laws and administrative regulations or unless the land owner signs a written contract with the land use right holder. Lease, assignment, transfer, exchange, contribution, gift and mortgage of collectively operated construction land, the right to use collective construction land and its maximum life shall be implemented with reference to state-owned construction land with similar uses. The specific measures shall be formulated by the State Council.