Can rural collective land houses be bought and sold?

Collective houses in rural areas cannot be bought or sold. Collective property houses cannot apply for housing land use certificates approved by the district government, which are not private property and cannot be listed and traded. It belongs to houses that cannot be bought, sold, replaced, donated, inherited, analyzed or transferred, and there is no property right registration.

The sellers of rural houses are generally villagers of rural collective economic organizations, while the buyers have two situations:

First, internal members of collective economic organizations,

Second, members other than collective economic organizations.

The internal members of collective economic organizations are divided into three specific situations:

First, it has its own homestead, which meets the national homestead standards;

Second, there is a homestead, but it has not yet reached the standards set by the state;

Third, it has settled in the collective economic organization, but has not yet been assigned to the homestead. According to the regulation that a villager can only own one homestead, it is impossible for villagers who already own a homestead and meet the national standards to apply for a homestead again. In the second case mentioned above, the villagers' application for a second homestead exceeding the national standard should not be approved. As for the third case, you can apply for construction land according to law.

How to deal with disputes over the sale of rural houses

(1) At present, the most common way to solve real estate disputes is to negotiate directly between the two parties to the dispute.

In view of the violation of their rights in the process of real estate transaction, buyers can communicate directly with the house seller through oral and written forms, point out the problems and discuss solutions.

(2) Apply to the competent government department for mediation.

In view of the problems existing in the purchased commercial housing, such as inconsistent with the purchase contract, construction quality, delayed delivery, property management, false advertising, fees and so on. , property buyers can complain to the local construction committee, planning committee, housing authority, industrial and commercial administration and other relevant government departments and apply for mediation.

(3) Apply to the Arbitration Commission for arbitration.

In the process of real estate transactions, disputes other than administrative disputes that should be handled by administrative organs according to law, such as the performance of the house purchase contract, may be submitted to the agreed arbitration commission for arbitration according to the arbitration clause of the house purchase contract or the arbitration agreement signed by both parties separately, and the arbitration result of the arbitration commission is legally binding on both parties.

(4) through the judicial channels of the court.

Property buyers can bring a lawsuit to the local court through judicial channels to solve real estate disputes that cannot be solved through consultation and mediation.

legal ground

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

Article 9 Urban land belongs to the state. Land in rural areas and suburban areas belongs to farmers' collectives, except for those that are owned by the state according to the law; Homestead, private plots and private hills are collectively owned by farmers.

Sixty-fourth users of collective construction land should use the land strictly in accordance with the overall land use planning and urban and rural planning.

Law of People's Republic of China (PRC) on Urban Real Estate Management (revised on 20 19) Article 9 After the collectively-owned land in the urban planning area is expropriated and converted into state-owned land according to law, the right to use state-owned land can be transferred with compensation, unless otherwise stipulated by law.