How to transfer ownership of a self-built house in rural areas? Full analysis of the latest procedures and precautions
In recent years, with the advancement of the reform of the rural property rights system, the issue of transfer of self-built houses in rural areas has become a hot topic. Many farmer friends have questions about the transfer process, required materials and fees. This article will combine the latest policies to provide you with a detailed answer to the complete process of transferring ownership of self-built houses in rural areas.
1. Basic conditions for transfer of self-built houses in rural areas
According to the Land Management Law and the Real Estate Registration Regulations, the following conditions must be met for the transfer of rural self-built houses:
| condition type | Specific requirements |
|---|---|
| Clear property rights | The house must have legal property rights certificates and no property rights disputes |
| Transferee qualifications | Must be a member of this collective economic organization (except for special circumstances) |
| land properties | Homestead use rights must be obtained legally |
| house condition | Comply with rural planning, no illegal construction parts |
2. Detailed explanation of transfer process (latest version in 2023)
| steps | Specific operations | Handling department |
|---|---|---|
| 1. Sign an agreement | The buyer and seller sign a written transfer agreement | Handle by yourself |
| 2. Village committee review | Submit application materials and obtain approval from the villagers meeting | village committee |
| 3. Township approval | Township governments review transfer of homestead use rights | Township land office |
| 4. Pay taxes and fees | Pay deed tax, stamp duty, etc. | tax bureau |
| 5. Registration | Real estate registration center handles property transfer | Real estate registration center |
3. List of required materials
| Material type | Specific requirements |
|---|---|
| Proof of identity | Original and photocopies of ID cards and household registers of both parties |
| Proof of ownership | Original homestead use certificate and house ownership certificate |
| transfer agreement | Notarized housing transfer agreement |
| Approval documents | Proof of consent from the village committee and approval document from the township government |
| Other materials | Tax payment certificate, surveying and mapping report, etc. |
4. Cost details (take a 100㎡ house as an example)
| Charge items | Charges | Estimated amount |
|---|---|---|
| Deed tax | 3%-5% (based on appraised price) | 3000-5000 yuan |
| stamp duty | 0.05% | 50 yuan |
| registration fee | fixed fee | 80 yuan |
| Surveying and mapping fees | 1-2 yuan/㎡ | 100-200 yuan |
| Notary fees | 0.3%-1% | 300-1000 yuan |
5. Special precautions
1.Transferee qualification restrictions: According to the latest policy, there are legal risks in purchasing rural houses by non-members of the collective economic organization, and some areas have explicitly prohibited it.
2.One household, one house principle: The transferee must comply with the "one household, one house" requirement, and those who already have homestead land are not allowed to transfer it again.
3.Special provisions for inheritance and transfer: Children with non-agricultural registered permanent residence are not allowed to renovate a house after inheriting it, and the homestead will be collectively recovered after the house collapses.
4.divorce division: When divorcing, the division of the house requires collective consent and registration of changes.
6. Latest policy developments (updated in 2023)
1. Many places across the country have piloted the "separation of three rights" for residential land, allowing the transfer of use rights.
2. Electronic registration is gradually implemented, and transfers can be processed online in some areas
3. Rural real estate registration is integrated into the national unified platform
It is recommended to consult the local real estate registration center to obtain the latest policies before handling to avoid transfer failure due to policy changes. The entire process usually takes 15-30 working days, so it is recommended to plan the processing time in advance.
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