Job Recruitment Website - Immigration policy - Can I buy and sell my own homestead?

Can I buy and sell my own homestead?

Rural homestead cannot be bought and sold freely. The ownership of the homestead belongs to the village collective economic organization, and individuals only have the right to use the homestead without ownership, and are not allowed to buy or sell it freely. Illegal sale of homestead reported to the county people's government for approval, the land use right certificate or relevant approval documents can be cancelled and recovered by the village collective.

Can I use the provident fund to build my own house on the homestead?

Rural self-built houses can draw provident fund, but you must make sure that the rural homestead is under your own or your spouse's name. If you want to withdraw the provident fund, you need to provide relevant information, such as the planning permit for rural houses, the approval of the house site of the housing management department or the relevant documents for building houses, the purchase of building materials and other invoices for housing construction costs. It is also necessary to hand over the ID card to the unit provident fund managers, and the relevant unit personnel can handle the provident fund in the management department.

The right to use the homestead can be transferred, but the transferee of the right to use the homestead has a certain scope. The right to use the homestead can only be transferred to the members of the collective economic organization. If it is transferred to people outside the village, the transferee must settle down in the village and meet the conditions for applying for homestead. Members must meet the conditions for the right to use homestead, that is, one household and one house, and the area meets the requirements. The transfer of the right to use the homestead must be transferred at the same time as the house. The transferor may not apply for the right to use the homestead again. After the transfer of the right to use the homestead, the change registration shall be handled in time.

I hope the above content can help you. If in doubt, please consult a professional lawyer.

Legal basis:

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.

Article 15

Under any of the following circumstances, with the approval of the county people's government, the land use right certificate or relevant approval documents may be cancelled, and the village collective may recover the right to use the homestead:

(a) the homestead has not started construction for two years since the date of approval;

(two) when the homestead is submitted for approval, it promises to the village collective to build a new house and demolish the old house 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 lives;

(four) obtaining approval or illegally transferring the homestead;

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