[French rights protection] Super practical! 20 key issues of rural homestead

1. The concept and distribution method of rural homestead

Rural homestead refers to the collective construction land enjoyed by rural villagers based on their membership in the collective economic organization (administrative village or production team) that can be used to build houses, and farmers do not need to pay Any land costs can be obtained, with welfare and social security functions, and generally cannot be inherited.

However, the houses built on the homestead belong to the villagers' personal property and can be inherited according to law. villagers only have the right to use the homestead, but has no ownership.

2. What are the conditions for villagers to apply for a homestead

Rural villagers can apply for a homestead if they have one of the following circumstances:

(1) A villager in the village who is over 20 years old needs to build a new house due to marriage and other reasons, and lacks a homestead (2) Relocation is required for reasons such as occurrence or defense of natural disasters, implementation of village and market town planning, construction of township (town) village public facilities and public welfare undertakings, or land acquisition for national construction, etc. ;

(3) Migrants settle down and become members of the collective economic organization, but do not have homesteads;

(4) Urban residents have been approved by the people's government at or above the county level to return to their hometowns to settle down, but there are no houses in rural areas;

(5) County-level Other conditions stipulated by the above-mentioned people's government.

3. Under what circumstances will the application for homestead not be approved?

(1) Those who are under the age of 20; Selling, leasing, donating or converting the original homestead and above-ground buildings into business premises;

(4) Others that do not comply with laws, regulations and relevant regulations.

4. How to apply, apply for approval, register and issue a homestead

should first submit an application to the collective economic organization , after discussion and approval by the villagers meeting or the villager representative meeting, report to the township (town) people's government for review, by After approval by the people's government at the county level, I bring the relevant materials to the land and resources department of the township (town) or office where I am to apply for confirmation, registration and issuance of a certificate. Among them, if the occupation of agricultural land is involved, the approval procedures for the conversion of agricultural land shall be handled according to law.

5. Under what circumstances can rural land be used for construction purposes?

Before the revision of the Land Administration Law in 2020, there were only three types of rural land used for construction purposes: villagers’ house building (homestead), township (town) village public utilities and public welfare facilities, Township enterprises. The construction land in the latter two cases is called collective construction land. After the implementation of the newly revised Land Administration Law in 2020, the land will be registered as collectively owned according to the law, and rural land that is planned to be used for industrial, commercial and other business purposes can also be transferred for use. for construction land.

6. Whether the rural homestead can inherit

The rural homestead cannot inherit alone. According to Chinese laws, the ownership of homestead and the right to use it are separated. The ownership of homestead belongs to the village collective, and the right to use belongs to the owner of the house in the village. The villagers only have the right to use the homestead and cannot dispose of the homestead at will. Therefore, the homestead does not belong to the inheritance and cannot be inherited. The houses on the homestead can be inherited.

Although the homestead does not belong to the inheritance and cannot be inherited, according to the latest reply of the Ministry of Natural Resources , according to the inheritance law , the house of the deceased shall be inherited by the heir as his inheritance. According to the principle of the integration of real estate and land, the heir inherits the house and obtains the house. Ownership and the right to use the homestead, Moreover, the farmer's right to use the homestead can be inherited by the children of the urban household registration and registered with the real estate according to law.

What needs to be pointed out is that after the house that is inherited in the future is lost (the villagers have one house and one house outside), they cannot rebuild or continue to use the homestead in other ways, and the village collective economic organization will take back the right to use the homestead according to legal procedures. Make another arrangement.

7. Are the rural housing land ownership certificates issued before the founding of the People's Republic of China and even in the 1950s valid? Before the founding of the People's Republic of China and even in the 1950s, private ownership of land was implemented, and all issued land ownership certificates. 1950 "Land Reform Law" Article 30 stipulates that "after the land reform is completed, the people's government shall issue the land ownership certificate, and the land contract before the land system reform shall be null and void." In November 1955, the Supreme Court responded to a letter from Fucheng County, Hebei Province, saying that after the land reform, all previous old contracts had been nullified.

The original State Land Administration's reply to the Tianjin Land Administration in 1996 and the private land deeds issued after liberation are now invalid and no longer have legal effect. However, if the land within the scope of the original private land deed is still legally used by the original owner, the right to use state-owned or collective land can be determined. According to the law, the land that has been used by others or is idle and unused, the original owner of the land no longer has the right to use the land.

Therefore, the deeds issued before the land reform are all invalid, and the land ownership certificates issued during the land reform are also invalid, but the ownership of the house is not clear. In the case of the deeds of private ownership of land and houses, it is generally believed that the ownership of houses should also be invalid. However, if the original owner or his descendants continue to use it legally, the right to use the land and the ownership of the house can be determined.

8. What are the benefits of the integrated registration and issuance of real estate and land to the farmers? Carrying out the registration and issuance of certificates for the right to use rural homesteads can effectively regulate the construction of rural houses, prevent the arbitrary occupation and abuse of cultivated land, and maintain social harmony and stability.

Through the confirmation and registration of rural land rights, confirms farmers' collective land rights in accordance with the law, protects the legal property rights of the broad masses of farmers, and strengthens farmers' awareness of land property rights, which is conducive to promoting urbanization, industrialization and agricultural modernization. Effectively safeguarding the rights and interests of farmers, but also maintaining the long-term and stable property rights relationship between farmers and land;

The close connection between farmers and land property rights can further stimulate farmers' enthusiasm for protecting cultivated land and saving and intensive use of land, laying the foundation for the next step in the reform of the rural land system .

9. What materials need to be submitted to apply for a rural homestead

To apply for a rural homestead, the following materials should be submitted to the township government and office :

(1) Application form for individual villagers to apply for a homestead

(2) Basic information of the applicant ( Including name, gender, age, ID card, family members, whether the household registration is a collective household registration in the village, etc.)

(3) Materials issued by the villagers committee or rural collective economic organization

1. The applicant's existing homestead situation;

2. The location, area, and sketches of the plot of land to be distributed;

3. The discussion of the villagers' meeting or the members of the village collective economic organization, and the description of the announcement in the village collective, etc.; Indicate the type of land to be occupied.

(4) It belongs to the construction of the new handover and the old one, and the agreement signed between the applicant and the village committee for the new handover to the old one.

(5) Other materials to be submitted The principle of “one household” identification is that is determined according to the household registration managed by the public security department. If a family is registered in the household registration book, then the household registered in the household registration book is one household, and one household can only apply for one homestead. However, under the following circumstances, it can be treated independently as a special villager "household":

(1) married and living alone with separate households (2) unmarried but over 20 years old and living alone (3) Minors who inherit the ownership of the house on the homestead in accordance with the law (4) Those who have obtained it through judicial arbitration can be registered in accordance with judicial documents. Choose to own a homestead on one of the parties and apply for confirmation of the right to register.

11. How to standardize and confirm the right to use the homestead the main body

The right to use the homestead should be legally determined to the members of the farmer collective according to the area stipulated by the local provincial (city) level people's government:

(1) Non-this farmer collective peasants who have been relocated and relocated due to geological disaster prevention, new rural construction, resettlement, etc., under the premise of conforming to local planning, with the consent of the majority of the members of the peasant collective and the approval of the relevant authorities to build houses in different places, can confirm the rights according to regulations Registration and issuance of certificates;

(2) Members of the peasant collective who already own a homestead, or rural or urban residents who are not members of the peasant collective, who occupy rural homesteads due to inherited houses, can register and issue certificates according to regulations, and can be registered in the "Collective". The note column of the "Land Use Certificate" should be marked with "the right holder is the legal heir to the residence of the former members of the peasant collective"; , if there is no change in the property rights of the house, if there is no objection after the farmer collective has issued a certificate and announced that there is no objection, the land registration can be handled according to law, and the note column of the "Collective Land Use Certificate" should note "the right holder is not a member of the farmer collective";

(4) For the homestead without the ownership source certificate, the historical use and current situation of the land shall be ascertained, and the village committee shall issue a certificate and announce it for 30 days without objection. The right to use the homestead shall be determined if it is legally used after the government's examination and approval.

12. Under what circumstances the registration of the right to use the homestead shall not be handled.

In one of the following situations, shall not handle the registration of the right to use the homestead of : Township Land Utilization Master Plan

(2) In addition to inheritance, a rural villager shall apply for the second registration of the right to use homestead 4) The disputes over the ownership of the homestead have not been settled (5) The land violations have not yet been dealt with or are being dealt with The rural homestead has not been used for construction for two consecutive years after approval. (7) Laws, regulations and policies Other stipulated non-confirmed rights

13. Under what circumstances can the right to use homestead be reclaimed

In any of the following circumstances, the land use certificate or the land use approval document may be cancelled upon approval by the municipal or county people's government , the villagers committee or rural collective economic organization shall take back the right to use the homestead:

(1) In order to implement the village market town planning, the old village renovation or the national construction expropriation needs to be adjusted or relocated. Demolish the old house and withdraw from the original homestead. (2) The homestead that needs to be occupied for the construction of township (town), village public facilities and public welfare undertakings. Homestead

(4) Homestead that has been discontinued due to relocation, illness, etc., which is discontinued for use by households What changes have been made to the approval management regulations?

The new Land Administration Law, which came into effect on January 1, 2020, stipulates that the competent department of agriculture and rural affairs under the State Council is responsible for the reform and management of rural homesteads across the country. The competent agricultural and rural departments of the people's governments at or above the county level shall supervise and inspect acts that violate the laws and regulations on the management of rural homesteads. If rural villagers illegally occupy land to build houses without approval or obtain approval by fraudulent means, the agricultural and rural administrative department of the people's government at or above the county level shall order it to return the illegally occupied land, and demolish the newly built houses on the illegally occupied land within a time limit. . exceeds the standards stipulated by provinces, autonomous regions and municipalities directly under the Central Government, and the land occupied by is regarded as illegal land occupation.

In addition, the new Land Administration Law also stipulates that the residential land for rural villagers shall be reviewed and approved by the township (town) people's government. Therefore, villagers who want to apply for a homestead should consult the local agricultural department and the township people's government.

15. Are all homesteads required to be issued a certificate? Can " small property property " be issued a certificate? Conditions are not allowed.

Small property right houses are illegal and illegal land use. "Land Registration Measures" clearly stipulates that it is strictly prohibited to legalize illegal and illegal land use through land registration. There is neither legal basis nor policy support for the issuance of certificates for small-property houses, and it is also contrary to my country's land system, so small-property houses cannot be issued certificates.

16. Can urban residents purchase homesteads in rural areas?

According to the requirements of the "Opinions on Strengthening the Management of Homesteads in Rural Areas": "It is strictly forbidden for urban residents to purchase homesteads in rural areas, and it is strictly forbidden for urban residents to purchase and illegally build homesteads in rural areas for urban residents. Residential houses issue land use certificates”, so urban residents cannot purchase homesteads and peasant houses in rural areas.

The “Notice of the General Office of the State Council on Strengthening the Administration of Land Transfer and Prohibiting Land Speculation” (Guo Ban Fa [1999] No. 39) issued by the General Office of the State Council clearly pointed out that “ farmers’ houses shall not be sold to urban residents, nor shall they be approved for sale. Urban residents occupy the collective land of farmers to build houses, and relevant departments shall not issue land use certificates and real estate certificates for illegally built and purchased houses.

"Decision of the State Council on Deepening Reform and Strict Land Management" (Guo Fa [2004] No. 28) also pointed out that "implementing the strictest land management system... prohibits urban residents from purchasing homesteads in rural areas".

"Notice of the General Office of the State Council on Strictly Implementing Laws and Policies on Rural Collective Construction Land" (Guobanfa [2007] No. 71), "The Central Committee of the Communist Party of China and the State Council on Effectively Strengthening Agricultural Infrastructure and Further Promoting Agricultural Development to Increase Farmers' Income Several Measures Opinions (Zhongfa [2008] No. 1) also repeatedly reiterated that "urban residents are not allowed to purchase homesteads, peasant houses or 'small property rights houses' in rural areas".

17. Can urban residents and overseas Chinese have previously obtained homesteads registered and issued?

In 1999, the State Council issued a document prohibiting urban residents from building or purchasing homesteads by themselves. Therefore, urban residents who use homesteads after 1999, Registration is not confirmed.

Before 1999, non-agricultural household registration residents (including urban residents and overseas Chinese) legally acquired homesteads, including transfer, donated houses, and construction of houses approved by the government. Years ago and 1982-1999 two historical periods, the policy of right confirmation and registration was stipulated.

Before the implementation of the “Regulations on the Administration of Land for Villages and Towns” in 1982, the scope of homesteads legally acquired by non-agricultural residents (including overseas Chinese) or occupied by legally acquired houses shall be within the scope after the implementation of the “Regulations on the Administration of Lands for Villages and Towns” If it has not been expanded so far, can be confirmed and registered according to the actual use area.

From the implementation of the “Regulations on the Administration of Land for Villages and Towns” in 1982 until the amendment and implementation of the Land Administration Law in 1999, homesteads legally acquired by non-agricultural residents (including overseas Chinese) or homesteads occupied by lawfully acquired houses, according to The approved area shall be confirmed and registered, and the area exceeding the approved area shall be indicated in the appendix column of the registration book and certificate of ownership. It can be seen from

that city residents are not all unable to obtain a homestead use right certificate.

18. How many floors can be built in rural villagers' houses

According to the "Administrative Measures for the Construction of Villagers' Houses in Rural Areas" issued by various places, generally stipulates that rural single-family, parallel or townhouse self-built houses shall not exceed three floors, and each household shall not exceed three floors. Residential construction area is controlled within 300 square meters. For the construction of multi-storey unit houses, the construction area of ​​each house shall be controlled at about 200 square meters. Floor height control should be in line with the actual local conditions, generally about 3 meters.

can not exceed this limit when registering. For the height, area, number of floors, etc. that exceed this, in order to improve the rate of rural registration and certification, we can consider using the labeling method to register the area within the limit, and note if it exceeds the limit: no compensation will be paid during demolition, and relevant management will be handed over. department.

19. How to register a homestead without approval materials After the village committee confirms the right to use the homestead, the area, and the four to the scope, etc., it will announce no objection for 30 days, and issue a certificate, which is reviewed by the township (town) people's government and reported to the county-level people's government for approval. It is a legal use. , to be registered.

This and Article 78 of the New Land Administration Law stipulate that if rural villagers illegally occupy land to build houses without approval or by deceptive means to obtain approval, the competent agricultural and rural departments of the people's governments at or above the county level shall order them to return the illegally occupied land. , demolish new houses built on illegally occupied land within a time limit. Some in and out. Therefore, many people are afraid to go through the approval procedures according to this.

In fact, this article takes into account that many places in have relatively extensive management of rural land, and there has been no approval for homestead and collective construction land for more than ten years, and the demand for land cannot be met, which objectively leads to illegal land occupation. For this kind of illegal land occupation that is not subjective and malignant, in practice, it can be reviewed and approved according to the approval conditions.

In addition, according to the new Land Management Law, the residential land used by rural villagers shall be reviewed and approved by the township (town) people's government. The authority for the approval of homesteads has been delegated. How this regulation can be changed and whether it can be re-approved directly by the township people's government remains to be verified.

Twenty, new rural construction and other re-adjusted homesteads, whether to issue a certificate?

New rural construction is to implement new village construction on the original old village site, and the land occupied is the original village collective construction land, can apply for homestead declaration, through With the approval of the people's government, the registration of rights is confirmed and the certificate is issued. For new rural construction on cultivated land, if the formalities for converting agricultural land into construction land have been completed, an application for confirmation, registration and issuance of a certificate may be applied.

In the case of "combining villages and groups" according to law, If the subject of land ownership remains unchanged after "combining villages and groups", the ownership will still be confirmed to the original farmer collective; Approved by the vast majority of villagers, after fulfilling the legal procedures for the change of collective land ownership, the ownership of collective land shall be determined according to the changed subject, and the land area of ​​each original farmer's collective shall be noted on the land register and land certificate.

In the case of carrying out the pilot program of linking the increase and decrease of urban and rural construction land and rural land consolidation in accordance with the law, in principle, the original land ownership shall remain unchanged; if the land is adjusted according to the law, the ownership of collective land rights shall be determined according to the adjustment agreement, and the land change shall be handled in a timely manner in accordance with the law. registration procedures.

For the original collective land that has not been expropriated after "removal of villages and housing" , only survey and statistics are conducted, and no registration certificate is issued. In the survey and statistics, the name of the original farmer collective shall be indicated after the name of the newly-built unit.

Guess you like

Little Flowers Diffusion and forwarding

Weihai Women's Federation comprehensive arrangement.

source: New Sannong

article and illustration copyright belong to the original author. If the shared content infringes your copyright or the source of the sign is not the first original, please contact the editor and we will review and deal with it in time.

Sina Weibo: @weihai women's federation