Can I buy a new house?

If it is a house on state-owned land, it can be bought and sold. If it is collective land, it can only be sold to members of collective economic organizations. You can buy and sell normally, but you can't make a bank mortgage loan. Formal new houses need to meet the following conditions: first, a villagers' congress is held and unanimously passed; The second is the approval document of the local government at or above the county level; Third, it has the approval of the land and resources county on the planning of new residential construction land; Fourth new residential construction permits, housing management departments at or above the county level shall issue housing property certificates or immovable property certificates. The so-called "small property rights" refers to houses built on farmers' collective land without paying land transfer fees, and their property certificates are issued by township governments or village governments, so they are called "township property rights" and also called "small property rights". The so-called small property rights issued by the township government actually have no real property rights. This kind of house has no land use certificate and pre-sale permit issued by the state, and the purchase contract will not be filed with the State Administration of Land and Housing. The so-called title certificate is not really legal and effective. Newly-built housing is a new form of real estate development, which is different from the previous small property houses, that is, village certificate houses, and was developed with the approval of the state-level real estate development authorities. The development form of new houses is to build houses for villagers on village collective land, but in order to ensure the interests of developers, except some houses are given to villagers, others are used for external sales, and these houses can be registered with the real estate authorities. This development form is different from the small property right house, because the small property right house has not been approved by any department and has no formalities, but the new house has formalities. However, new houses are different from pure commercial houses. The land of commercial housing is obtained by the developer by paying the land transfer fee. The completed house can have a land certificate in addition to the house property certificate. Although the new house can handle the real estate license of the house, it can't handle the land certificate. Therefore, the land nature of the new house belongs to the collective nature.

Legal basis: Paragraph 4 of Article 62 of the Land Management Law stipulates that "rural villagers who apply for homestead after selling or renting houses shall not be approved". It can be seen that there is no legal prohibition for rural villagers to buy, sell or rent houses, but they can no longer apply for homestead after buying and selling.

Generally speaking, for the sale of houses between members of the same collective economic organization, since the collective members themselves are members of the collective, the land use right under the house itself is macroscopically enjoyed. As long as it is a sale between members of the same collective economic organization, the sale contract should be considered valid.

However, the article "Notice on Strengthening Land Circulation Management and Prohibiting Land Speculation" issued by the State Council General Office 1999 clearly stipulates that farmers' houses shall not be sold to urban residents, nor shall urban residents be allowed to 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.