Rural self-built housing permits cannot be transferred, and land certificates are needed before transfer.

The land certificate belongs to the homestead use certificate and can be sold and transferred, but the original seller has no right to apply for the homestead again.

According to Article 62 of the Land Management Law of the People's Republic of China:

Rural villagers can only own one homestead, and the area of the homestead shall not exceed the standards set by provinces, autonomous regions and municipalities directly under the central government. Rural villagers who apply for homestead after selling or renting houses shall not be approved.

Transfer mode of rural land certificate:

What buyers and sellers need is village collective household registration. The two sides go to the village committee to which the land belongs, and if they are in charge, they will negotiate for the transfer of the land use right.

With the consent of the village Committee and cooperation with the circulation, the land use certificate with the transferee's name can be processed and the previous old land certificate can be cancelled. It is not the household registration of a village, so it cannot be handled. Rural land is not for outsiders. It only circulates among people with collective household registration in the village.

Extended data:

Qing Liu signed an agreement with Zhang Qiang, and Qing Liu transferred a set of self-built houses to Zhang Qiang at a price of 654.38 million yuan. Zhang Qiang paid more than 60,000 yuan to Qing Liu for many times.

Later, Liu Qingcai knew that the house had no legal procedures such as property rights and land use rights and could not be transferred. The self-built house he transferred to Zhang Qiang has no property rights. He thought that the house transfer contract between himself and Zhang Qiang should be invalid, so he asked Zhang Qiang to return the house. But Zhang Qiang disagreed with Qing Liu and refused to return a house.

2065438+On March 7, 2007, Qing Liu sued Zhang Qiang to the Shuimogou District People's Court in Urumqi, Xinjiang Uygur Autonomous Region, requesting the court to decide that the house involved was invalid because it was illegal and could not be legally transferred.

The court held through trial that China's "Urban Real Estate Management Law" stipulates that real estate that has not been registered according to law and obtained a certificate of ownership shall not be transferred; China's contract law stipulates that a contract that violates the mandatory provisions of laws and regulations is invalid.

In this case, the plaintiff's self-built house did not obtain the planning permission of the construction project, nor did it register and receive the ownership certificate according to law. Signing a house sale agreement with the defendant violates the mandatory provisions of the law, so the agreement is invalid. The court ruled that the house sales agreement signed by the original defendant and the defendant was invalid, and the relevant money and interest should be refunded.

Zhang Qiang refused to accept the judgment of the first instance and appealed. After the final judgment, the court of second instance rejected the appeal and upheld the original judgment.

People's Network-Illegal transfer of unlicensed self-built houses