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Is the homestead still valid when the house collapses?
The house collapsed and the homestead was invalid. Idle or houses collapsed, and the homestead that has not been restored for more than two years cannot be determined. The rural collective organizations shall recover and cancel the land registration of the homestead confirmed by the people's government at the county level.
Is the transfer of homestead legal?
The transfer of the right to use the homestead is legal, but the transfer of the ownership of the homestead is illegal, because the homestead belongs to the collective and cannot be transferred according to law, but the right to use the homestead can be transferred according to law; The transfer of the right to use the homestead must obtain the consent of the collective organization.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: 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 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 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.
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