Is it illegal to buy and sell homestead privately in rural areas?

It is illegal to buy and sell rural homestead without permission.

According to Article 2 of the Land Management Law of the People's Republic of China, People's Republic of China (PRC) implements socialist public ownership of land, that is, ownership by the whole people and collective ownership by working people. No unit or individual may occupy, buy or sell or illegally transfer land in other forms. In order to meet the needs of public interests, the state may expropriate collectively-owned land in accordance with the law. The right to use state-owned land and collectively-owned land can be transferred according to law. The specific measures for the transfer of land use rights shall be formulated separately by the State Council.

According to Article 6 of the Land Management Law of the People's Republic of China, urban land belongs to the whole people, that is, the state. Land in rural areas and suburban areas belongs to the collective, except that it is owned by the state according to the law; Homestead, private plots and private hills are all collectively owned.

According to Article 153 of the Property Law of People's Republic of China (PRC), 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. ?

According to Article 8 of the Measures for the Administration of Rural Homestead, the ownership of rural villagers' homestead belongs to the collective, and individuals only have the right to use it. No one may transfer or lease it without approval. If it is necessary to adjust the homestead for the transformation of old villages and old cities due to the implementation of town planning, the users of the original homestead shall obey.

Extended data

According to Article 15 of the Measures for the Administration of Rural Homestead, under any of the following circumstances, with the approval of the county people's government, the certificate of land use right or relevant approval documents can be cancelled, and the village collective can recover the right to use the homestead:

(a) the homestead has not started construction for two years from the date of approval (except in special circumstances);

(two) when the homestead is submitted for approval, it promises to build a new house or demolish an old house to the village collective without demolishing the old house by itself;

(three) the village that has been approved to implement the transformation of the old village or the migration down the mountain has moved into the original homestead where the new house (village) lives;

(four) obtaining approval or illegally transferring the homestead;

(five) other circumstances in which the right to use the homestead should be recovered.

According to the provisions of Article 20 of the Measures for the Administration of Rural Homestead, the homestead obtained by individuals building houses according to law shall be registered with the land use right in accordance with relevant regulations. Farmers apply for land registration and obtain collective land use certificates within 30 days after the completion and acceptance of buildings.

If the land use right is changed due to the transfer of buildings, structures and other attachments on the ground according to law, it shall apply to the county land administrative department for registration of land use right change within 30 days after the contract comes into effect.

China People's Congress Network-Land Management Law of the People's Republic of China

People's Republic of China (PRC) Audit Bureau-People's Republic of China (PRC) Property Law

Huoqiu County People's Government-Measures for the Administration of Rural Homestead