1. The transferor of homestead needs to own two houses;
2. Both parties to the homestead transfer must be internal members of the same collective economic organization;
3. The transferee of the homestead has no housing and the homestead meets the distribution conditions of the right to use the homestead;
4, the transfer behavior must be approved by the collective organization;
5. The right to use the homestead shall not be transferred separately, and the land shall be transferred together with the house;
6. If you sell the homestead, you can't apply for the homestead again.
How to give the homestead to others
1. The main contents of the homestead gift contract include: the gender name, date of birth and home address of the donor and the recipient; The name, quantity, basic information and location of the donation object; The relationship between the donor and the recipient; Reasons for the gift; The donor's expression of intention to the gift behavior; The donor signs or seals the gift book and indicates the date of signature.
2. The homestead donation needs notarization. According to the regulations of the Ministry of Justice and the Ministry of Construction, housing gifts must be notarized. The notarization of the gift shall be accepted by the notary office of the donor's domicile or the place where the gift occurs. For the transfer of housing rights registration procedures, the parties to the housing donation apply to the real estate management agency for registration of change. After that, the donor will deliver the house to the recipient.
3. Fees to be paid for donating the homestead: If the property owner donates the property right of the house to others for free, the donee shall pay personal income tax according to the item of "other income determined by the financial department of the State Council", with the tax rate of 20%, but relevant taxes and fees in the process of house transfer can be deducted.
What are the rules for building houses in rural old homesteads?
The Technical Policy for Rural Housing Construction stipulates that the layout of rural housing is divided into vertical households (referring to buildings with 2-3 floors) and horizontal households (buildings with 4-5 floors), and the height of each floor shall not exceed 3.3 meters. This means that the second floor in rural areas cannot exceed 6.6 meters, the third floor cannot exceed 9.9 meters, and so on. If it exceeds the specified height, it will face the risk of demolition. After all, the building is too high and there are security risks!
1, the area should not exceed the standard.
The allocation of homestead is based on the area standard. Because the allocated homestead area is large, only houses can be built, and the excess is illegal. Even if the house is built, the remaining village collectives have the right to dismantle it, and those who cannot be demolished need to pay a certain fine.
2. The ownership of the homestead should be clear.
If the ownership of the homestead or the house on the homestead is unknown, it is necessary to solve the ownership problem first, otherwise even if the application for renovation is applied, it will not pass the examination. And if it is rebuilt privately, it will be demolished as soon as it is discovered!
3. agricultural registered permanent residence is mandatory.
At the two sessions, the Ministry of Agriculture once again made it clear that people in cities are prohibited from buying homesteads and building houses in rural areas. The first condition for building houses in rural areas must be rural hukou, which belongs to members of village collective organizations. If the registered permanent residence has moved out of the countryside, it is not allowed to rebuild on the old homestead. After the house is abandoned, the homestead is recycled by the village collective.