How to fill in the nature of rural houses

If it is a house built or sold by a developer, it is generally filled with commercial housing; If the real estate license has been purchased and legally obtained, it is generally filled with the stock room; If it is a house jointly purchased or built by the government, the purchase unit and the employees, it is generally filled with fund-raising to build a house; If the house is sold at the cost price, it is generally a housing project.

The nature of housing includes commercial housing, public housing, affordable housing and small property houses:

1. Commercial house: the house built by the developer on state-owned land for sale. You can apply for property certificates and land certificates, and it is a property house that can be sold at its own price.

2. Public houses: public houses are houses built and sold by state-owned enterprises and institutions; Before the house is sold, the property right of the house belongs to the state.

3. Affordable housing: housing arranged according to the national affordable housing construction plan.

4. Small property houses: Small property houses refer to houses built on rural collective land without paying land transfer fees. This kind of house has no land use certificate and pre-sale permit issued by the state, and the purchase contract will not be filed with the State Administration of Land and Housing.

The nature of property rights shall be filled in by the issuing unit according to the ownership certificate on the property right certificate:

1. The ownership certificate on the property right certificate is issued by the State Housing Management Bureau, so the property right nature should be filled in with big property right.

2. The ownership certificate on the property right certificate is issued by the township government or village, so the property right nature should be filled in with small property rights.

The nature of housing actually refers to the nature of real estate. According to the regulations, the nature of real estate is mainly divided into eight categories: state-owned real estate, collectively owned real estate, private real estate, joint-stock enterprise real estate, Hong Kong, Macao and Taiwan compatriots real estate, foreign-related real estate and other real estate.

First of all, what is the nature of rural houses?

(1) Homestead refers to the use of village collective land by the villagers' committee as the basic unit to provide reasonable and legally allocated residential land for the villagers in the village, and the local town government shall report it to the people's government at the county level for the record. Generally speaking, the old house only has the title deed without the real estate license, and now the country is gradually returning the previous title deed. The homestead has only the right to use, but no ownership, and the ownership belongs to the villagers' collective.

(2) If you have a real estate license in a rural house, the first thing you see is a red book or a book of other colors. If it is a little red book, it does not belong to the category of homestead. If it is a book of other colors, it is a homestead!

(3) In addition, there is a difference between homestead and private property. As I said above, the homestead has no land ownership, only land use rights; And private houses have both land ownership and land use rights!

(4) Private houses are collectively owned, but the owners have unlimited right to use them. This is the country's rural land policy. 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.

Second, can rural houses be mortgaged?

Houses in rural areas can be mortgaged. As long as you hold the title certificate and have the right to dispose of the property, you can take the title certificate, personal ID card, personal income certificate and other materials to the bank for mortgage loans.

However, we also need to pay attention to the fact that some old houses in rural areas may be collectively owned, so there are only collective land use warrants without housing property certificates, which may lead to difficulties in applying for mortgage loans. After all, there may be problems in housing registration and property ownership. Many old houses lack registration and property rights are unclear. If it is a house with joint property, you must get the consent of the co-owner before you can apply for a mortgage loan.

When applying for a mortgage loan, the handling bank or lending institution will evaluate the value of the house. If the house is worthless, a loan may not be possible. Also, the house used as a mortgage cannot be included in the renovation and demolition plan of the local government department, otherwise the house cannot apply for a mortgage loan.

Third, can rural houses be bought and sold?

The sellers of rural houses are generally villagers of rural collective organizations, and there are two situations for the buyers:

(a) the purchase of internal members of a collective organization, there are three specific situations of internal members of a collective organization:

1. has its own homestead, which meets the national homestead standard. 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.

2, the existing homestead, but has not yet reached the national standard. Although there is already a homestead, if there is no reason, it is difficult to apply for a second homestead.

3, has settled in the collective organization, but has not yet been assigned to the homestead. The application for homestead must go through the procedures prescribed by laws and regulations. Therefore, even if the sale of houses occurs among members of villagers' collective organizations, it is difficult to carry out it. It is undoubtedly unrealistic for the seller to first investigate the specific situation of the buyer.

(2) Members other than collective organizations.

It is not difficult to see from the above-mentioned legal provisions that the state strictly controls the application for homestead. The above provisions do not involve that villagers have applied for homestead and built houses according to the examination and approval procedures, but involve how to identify disputes over house sales. Looking at this problem, the essence is how to identify the nature of the rights of the homestead and the relationship between the rights on the homestead and the rights of the above-ground buildings.

Legal basis:

Article 209 of the Civil Code of People's Republic of China (PRC) stipulates that the establishment, alteration, transfer and extinction of the real right of immovable property shall take effect after being registered according to law; Without registration, it will not take effect, except as otherwise provided by law. Natural resources owned by the state according to law may not be registered.