Can Shanghai farmers' houses be bought and sold?

If the transferee is also a member of this collective economic organization, it may buy and sell with the consent of this collective economic organization. Obtaining the consent and registration of rural collective economic organizations is the premise of effective circulation.

Because according to Article 10 of the Constitution, the homestead belongs to the collective, and its ownership belongs to the collective, while farmers, as members of economic organizations, enjoy the usufructuary right to the homestead, that is, the right to use and the right to income, and they have no right to dispose of the right to use the homestead.

According to the provisions of Article 51 of the Contract Law, if the person who has no right to dispose of other people's property enters into a contract and is ratified by the obligee or has no right to dispose of it, the contract is valid.

Extended data

According to the principle of the Property Law, the transfer of farmers' own houses built on the homestead will inevitably lead to the punishment of the right to use the homestead, and the punishment of farmers violates the mandatory provisions in the Land Management Law and the Notice of the General Office of the State Council on Strengthening the Management of Land Transfer and Prohibiting Land Speculation. Therefore, the house transfer agreement should be deemed invalid.

After the application for rural villagers' homestead is approved by the county (city) people's government, it shall, within 30 days from the date of receiving the notice of approval, apply to the land administrative department of the county (city) for the registration of collective land use rights, and the county (city) people's government shall issue a collective land use certificate.

If the change of collective land use right is caused by the transfer and inheritance of homestead, the parties concerned shall, within 30 days from the date of change, apply to the land administrative department of the county (city) for the registration of the change of collective land use right, and the county (city) people's government shall reissue the collective land use certificate.

If the collective land use right is withdrawn, the parties concerned shall, within 30 days from the date of receiving the notice from the county (city) people's government, apply to the land administrative department of the county (city) for the cancellation of the registration of the collective land use right, and the county (city) people's government shall cancel the registration and recover the collective land use certificate of the original homestead user.

Baidu Encyclopedia-Right to Use Rural Homestead