Taiwan Strait Network reported on April 25th according to the WeChat report of Fujian Daily, the latest news! It’s about rural homesteads! Fujian has clarified the qualifications of homestead applicants and strictly prohibited urban residents from purchasing.
See the details -
A few days ago, Fujian Provincial Department of Agriculture and Rural Affairs , Provincial Department of Natural Resources, and Provincial Department of Housing and Urban-Rural Development jointly issued the "Notice on Standardizing the Approval Management of Rural Homesteads". The notice emphasized that it is strictly forbidden for urban residents to purchase homesteads in rural areas.
notice further clarifies the qualification conditions of the applicant for homestead application -
▶ According to the requirements, a rural villager can only own one homestead, and the area shall not exceed the provincial standards.
▶When approved to build residential buildings in other places, the original homestead should be returned to the village collective in strict accordance with the requirements of "building new and demolishing old".
▶For areas where there is little per capita arable land and cannot guarantee that one household owns one homestead, the county-level people's government can take measures to ensure that rural villagers have a place to live on the basis of fully respecting the wishes of farmers.
▶For urban residents to purchase homesteads in rural areas, the notice expressly prohibits them. The notice requires that urban residents are strictly prohibited from buying homesteads in rural areas, use homesteads to build villas and private halls in the countryside, and illegally occupying and selling homesteads in the name of transfer.
notice also lists several situations where homestead land is not allowed -
▶ If rural villagers sell, rent or donate their original residence to others and apply for homestead land, if rural villagers apply for new residential buildings in another place and do not agree to return the old homestead land to the village collective, homestead land shall not be approved for homestead land if the homestead land area or housing area has met the standards, non-rural collective economic organization member (except otherwise provided by laws and regulations) and other requirements stipulated by the people's governments of provinces, cities, counties (districts) do not meet the application qualification requirements.
This notice also puts forward specific provisions on matters such as clarifying the application review procedures, improving the review and approval process, strictly managing the entire process of land use building, and establishing a common responsibility mechanism.
See the full text of the document -
Fuan Agriculture and Rural Affairs Bureau, Natural Resources Bureau, Housing and Urban-Rural Development Bureau of all cities, counties (districts) and Pingtan Comprehensive Experimental Zone:
In order to fully implement the spirit of the reform of the Party and state institutions and the relevant provisions of the newly revised "Land Management Law", implement the work deployment of the Ministry of Agriculture and Rural Affairs and other state ministries and commissions, and implement the requirements of the "Notice on Further Strengthening the Management of Rural Homesteads" (Fuan Party Committee Agriculture Office [2020] No. 4), further deepen the "deregulation, supervision and service" reform, strengthen departmental cooperation and cooperation, and strengthen the local responsibilities of grassroots governments, the following notice is hereby notified on the approval of land building for standardizing rural homesteads (hereinafter referred to as "homesteads").
Strict qualification requirements for homestead application
01. Rural villagers apply for homestead land refers to collective construction land used for the construction of self-occupied houses in township and village planning areas based on households.
02. A rural villager can only own one homestead, and the area of the homestead shall not exceed the provincial standards.
03. If a residential building is approved to be built in another place, the original homestead should be returned to the village collective in strict accordance with the requirements of "building new and demolishing old".
04. In areas where there is little land per capita and cannot guarantee that a household owns one homestead can be held, the county-level people's government may take measures to ensure that rural villagers have a place to live on the basis of fully respecting the wishes of farmers.
05. We must strictly enforce the qualification conditions for homestead application recipients, fully apply the results of the investigation on membership qualifications of rural collective economic organizations and the current status of rural homestead and rural housing utilization, and strengthen the review and control of the qualification conditions for homestead application applicants, the current status of housing, and the disposal methods of old houses. County-level people's governments must improve the specific conditions and recognition rules for obtaining homestead allocation qualifications based on households.
06. If the homestead land area or housing area has met the standards, members of non-rural collective economic organizations (except as otherwise provided by laws and regulations) and other conditions stipulated by the people's governments of provinces, cities, counties (districts) do not meet the application qualification requirements; if rural villagers sell, rent or donate their original residence to others and apply for homestead land, they shall not approve the homestead land; if rural villagers apply for new residential buildings in another place and do not agree to return the old homestead land to the village collective, they shall not approve the homestead land.
07. It is strictly forbidden for urban residents to buy homesteads in rural areas, it is strictly forbidden to use homesteads to build villas and private halls in the countryside, and it is strictly forbidden to illegally occupy or sell homesteads in the name of transfer.
clearly defines the application review procedures
Homestead land approval should follow the principles of openness, fairness and justice and accept social supervision.
▶If rural villagers meet the qualifications for homestead application, they shall submit a written application for homestead land building to the local village committee based on households after the approval of the villagers' group with homestead ownership.
▶The village committee regularly organizes village committee or village representative meetings in accordance with the law to review the application qualification conditions of the homestead application subject, focusing on whether the application subject's qualification conditions meet the prescribed requirements, whether the submitted materials are true and valid, whether the location of the intended land and the area of the land use meet the prescribed requirements, whether it affects the interests of the neighboring rights holders, and how to deal with old houses.
▶The review results form the meeting minutes. If the applicant agrees to the application, the application will be announced in the village and the opinions of the villagers in the village will be solicited. If the villagers in this village do not raise any objection or the objection is not established within 15 working days from the date of publication of the list, the village committee shall sign opinions in the "Rural Homestead and House Construction Application Approval Form", and submit them to the township people's government together with the meeting minutes, public announcement, applicant's commitment letter, and opinions of neighboring rights holders.
Improve the review and approval process
Municipal, county (district) people's governments, agriculture, rural areas, natural resources, housing and construction departments should strengthen guidance on the planning, approval, house construction and other related work of homestead land land space.
▶ Township people's governments should establish and improve a joint review and approval mechanism for a window to accept externally, and coordinated operation of land space planning, homestead approval, and rural housing construction, and improve the joint review and joint handling system. During the approval work, the land space planning review mainly includes whether the land use location of the intended land meets the requirements of land space planning, village planning, use control, etc., and whether the number of floors and floor heights and building area meet the requirements; the land use review mainly includes whether the land use area, land ownership and land type of the intended land meet the requirements; the rural housing construction review mainly includes whether the building style meets the requirements, whether the house construction plan is selected to use a general picture of the village and town housing construction compiled by provincial or local construction authorities, and designed by itself, whether the plan is entrusted to qualified units or professional and technical personnel to prepare; the homestead qualification conditions review mainly includes whether the qualification conditions of the applicant, the treatment method of the old house meets the requirements, whether the village committee or village representative meeting is convened in accordance with the law to review, whether the village committee’s opinions, meeting minutes, public announcement materials and the "Rural Homestead Use Commitment Letter" and other materials are complete.
▶ If the township people's government makes approval in accordance with the law based on the joint review results and agrees to use old homesteads or existing construction land to build, the " Rural Construction Planning License " and "Rural Homestead Approval" will be issued within 10 working days, and the township convenience service center will be announced, and the forces will be organized to lay out the samples on the spot, and the four-to-scope will be set, and the villagers can start construction; if the agricultural land is occupied, the approval procedures for the conversion of agricultural land shall be handled in accordance with regulations, and the township people's government shall apply to the county (city, district) natural resources and other functional departments of the county (city, district) and the county (city, district) people's government shall submit the approval and approval letter to the people's government of the prefecture-level city for approval. If approved and approved, the township people's government shall issue the "Rural Construction Planning License" and "Rural Homestead Approval" and the prescribed procedures shall be announced in accordance with the prescribed procedures.
▶ Township people’s governments must announce the processing procedures and requirements, and clarify the job responsibilities and processing periods of each link such as material review and on-site investigation.At the same time, a quality and safety reminder system for rural self-built houses will be established, and a "Fujian Province Rural Self-built Houses (below three floors) quality and safety knowledge" will be issued; a homestead land building approval management ledger will be established, and relevant information will be archived and retained, and the approval situation will be promptly filed with county-level agricultural and rural areas, natural resources, housing and construction departments for filing. All localities are encouraged to accelerate information construction, develop rural homestead land building approval management information systems, and gradually realize digital management.
Strictly manage the entire process of land use building
Township people's governments should promptly organize on-site inspections of management personnel such as land space planning, homestead approval, and rural housing construction, fully implement the "three-arrival" requirements, and conduct on-site inspections and guidance in key construction links, and strengthen on-site supervision.
▶After accepting the homestead application, the qualification conditions of the applicant shall be investigated on-site, and whether the intended land shall comply with the requirements of land space planning, village planning and use control; after the homestead is approved in accordance with the law, the homestead must be measured and approved on-site, the location of the building shall be determined, and the four boundaries shall be clarified; after the villager's residence is completed, acceptance shall be organized in a timely manner, and whether the land shall be used in accordance with the approved land area, four-way requirements, and whether the building floors and floor height, building area and building style shall be met.
▶If the acceptance is passed, the township people's government shall issue the "Admission Opinions on Rural Homestead Land and Building Construction", and rural villagers shall apply to the real estate registration department for real estate registration based on this acceptance opinion and other relevant materials; if the
▶If the acceptance is not passed, the township people's government shall issue a rectification notice and make rectification within a time limit.
▶City, county (district) and township people's governments should organize forces in accordance with the law to carry out dynamic inspections on rural land construction, promptly discover and strictly investigate and punish all kinds of illegal and irregular behaviors involving the use of homesteads and land space planning in accordance with the provisions of the Provincial Party Committee's Rural Affairs Office and other four departments (Document No. 4 of the Fujian Party Committee Agriculture Office [2020]).
Establish a common responsibility mechanism
▶Agriculture, rural, natural resources, and housing and construction departments of all cities, counties (districts) should establish and improve rural planning and construction, homestead approval and rural housing construction management mechanisms, take the initiative to take the lead and perform their duties, and guide and urge township people's governments to carry out their work.
▶ Township people's governments must earnestly perform local management responsibilities in accordance with the law, improve institutions, enrich their strength, strengthen publicity and guidance, optimize approval processes and service guidelines, improve approval efficiency, and truly assume the responsibilities of rural planning and construction, homestead approval and rural housing construction management.
▶Village-level organizations should establish and improve the homestead distribution system, strengthen source review and control, and ensure that the distribution and use of homesteads is open, fair and just. We must strictly enforce work discipline and resolutely eliminate random actions such as shirk responsibility and inaction, saying hello and handing notes. Those who fail to work, neglect their duties, abuse their power, and commit favoritism and fraud must be held accountable in accordance with the law.
(via: Fujian Daily reporter Zhang Hui, Fujian Provincial Department of Agriculture and Rural Affairs website)
