How to solve the historical problems of rural homesteads? The South China Sea has issued implementation rules.
According to the recently issued "Implementation Rules for Classification and Disposal of Historical Issues in Rural Homesteads in Nanhai District, Foshan City", there are detailed guidance on how to re-process the procedures for the three types of historical issues and apply for real estate registration. In addition, there are also corresponding standards for the area of homesteads, the usage fee exceeding the standard and the fine for illegal construction.
Historical problems in homesteads are divided into three categories
Historical problems in rural homesteads refer to:
has built a house before February 26, 2018 (including the 26th), and has not completed legal land use procedures due to historical reasons, and is a homestead for construction land in the 2017 change survey data results.
is mainly divided into the following three categories:
Historical completion: House land that has been built before December 31, 1986, has not been remodeled or expanded, and has not completed legal land use procedures;
Build before approval: House land that has not completed legal land use procedures but has been built from January 1, 1987 to February 26, 2018;
Batches are less and more used: House land that has only completed legal land use procedures for part of the land but has been built from January 1, 1987 to February 26, 2018.
Can real estate registration be completed? How to re-process the procedures?
1Historically built
belongs to the "historically built" homestead land, and only homestead land use rights are allowed to be registered . If a house registration is required at the same time, after the housing safety appraisal unit registered by the housing and construction department of Foshan City has made a safety appraisal of the house quality, it can apply to the town (street) Land and Urban Construction and Water Affairs Bureau to re-issue the registration procedures for the on-site house planning and construction of the homestead (when re-issue the re-issue, there is no penalty for illegal construction).
Application process:
is a homestead that is "historically built". Applicants can streamline the land use procedures and handle real estate (land) registration according to the historical homestead confirmation . The processing procedures are as follows:
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1, apply for . The applicant fills out the "Household Registration Review Form for Application for Land (House) in Nanhai District (Historical Construction)" and submits his ID card, household registration book and other relevant materials to Rural Collective Economic Organization (land owner, the same below) as required.
2. Preliminary review. If the rural collective economic organization is initially reviewed, if the preliminary review is approved, the review opinion shall be signed and submitted to the village (neighborhood) committee.
3, review . If the village (neighborhood) committee reviews, and if the review is passed, the review opinion will be signed and submitted to the town (street) land and land department.
4, joint review . The town (street) land and land departments shall work with relevant departments such as urban and rural coordination, planning, and construction to conduct on-site inspections and check. The water conservancy departments that involve water utilization land or water conservancy protection land shall review together, and sign the review opinions after the joint review is approved. The joint review work must be completed within 15 working days.
5, public . After the joint review is approved, the town (street) land and land department shall issue a public notice of rights confirmation in accordance with the registration procedures for 10 working days in the name of the town people's government (street office), and post it on the notice board of the village committee (neighborhood) meeting where the land to be confirmed is located, the notice board of the rural collective economic organization and the land building office. If there is no objection after the public announcement period or the objection is not established, a proof of no objection will be issued.
6, rights confirmation . If there is no objection to the public announcement period after the expiration of the public announcement period, the town people's government (street office) shall agree to the right confirmation opinion.
7, certificate . The applicant shall apply to the town (street) real estate registration center for real estate (land) with the review form with the right confirmation opinion and relevant materials. If you need to register a real estate property together, you must also provide the "Registration Opinions for the Planning and Construction of Self-built Residents of Rural Residents" and related materials.
Note: In order to facilitate the people to handle relevant procedures in an orderly manner, each town and street will coordinate the organizational materials of villagers who meet the processing conditions and submit them to the town (street) in batches for processing based on the village (community) meeting the processing conditions.
In these cases, the application for confirmation of rights does not approve in the case of "historically built" homestead land, if one of the following circumstances exists, the application for confirmation of homestead land will not be approved:
If the applicant is under 18 years of construction of the house, the exception is the inheritance and bequest;
About the application for the ownership of the land land is not the same as the ownership of the land; Clear or controversial;
applied for land plot does not comply with land use master plan and urban and rural planning (controlled detailed planning or village planning);
is within the scope of the water utilization land or water conservancy protection land and the water conservancy department does not agree to the processing;
other situations that do not meet the approval.
( Note: Non-rural Members of collective economic organizations obtained the homestead use rights obtained through the confirmation of historical homestead land. When registering real estate rights, the certificate should indicate that "the right holder is a non-collective economic organization and shall not be expanded or relocated.")
2Build
. The land use procedures and the above-ground house construction procedures must be reviewed in one piece. If one of the following circumstances occurs, it will not be accepted:
. The applicant does not reach the legal marriage age;
. The applicant does not belong to a member of the rural collective economic organization where the land is located;
. The applicant or his spouse already has a homestead (including a village community apartment);
The applicant or his spouse transfers homesteads, on-ground houses, village community apartments in transfer, donation or other forms after April 30, 2008;
The applicant or his spouse has applied for a community apartment but has not withdrawn;
The applicant changes the homesteads to business premises and other non-self-occupied purposes;
The applicant has already resettled the house when the land acquisition and demolition is acquired Or promise to give up the homestead arrangement;
apply for land area exceeding 150 square meters;
apply for land area exceeding the construction height control indicators stipulated by the town people's government (street office);
applicant is unable to provide a house safety appraisal report or a safety liability commitment letter;
other circumstances where the acceptance is not accepted.
Application process
is a homestead that is "built without approval". If it meets the acceptance conditions, the applicant can follow the following procedures:
1, apply for . The applicant shall fill out the "Approval Form for Reissue Land Use Procedures and Construction Application Procedures for Rural Residents (Build Before Approval)" and the "Survey Form for Illegal Construction of Self-Built Residents' Houses" and submit relevant materials such as ID cards, household registration books, indoor equity and member certificates or member certificates of collective economic organizations as required.
2, preliminary review . If the rural collective economic organization is initially reviewed, if the preliminary review is approved, the review opinions shall be signed and submitted to the village (neighborhood) committee.
4, joint review . The town (street) land and land departments will conduct on-site inspections and photographs with relevant departments such as urban and rural coordination, planning, construction, real estate registration centers, etc. The water conservancy departments that require water utilization or water conservancy protection areas shall review together, and sign and submit the review opinions after the joint review is approved. The joint review work must be completed within 15 working days.
5, public . The town (street) land and land department shall publicize the joint review results for 10 working days in the name of the town people's government (street office), and post them on the notice board of the village committee (neighborhood) association to which the homestead belongs, the notice board of the rural collective economic organization and the land building; if there is no objection after the public announcement period or the objection is not established, a certificate of no objection will be issued and sent to the town and street home reform office and the village (neighborhood) committee respectively.
6, payment . According to the public notice, the town and street home reform office will issue the "Administrative Penalty Decision" and the "Administrative Penalty Notice" in the name of the Land, Urban Construction and Water Affairs Bureau of Nanhai District, Foshan City and send it to the corresponding village (neighborhood) committee; if the homestead land exceeds the standard use, the village (neighborhood) committee will issue a payment form for the homestead land exceeding the standard usage fee. Applicants should pay illegal construction fines and excessive usage fees for homestead land at designated locations within the prescribed time limit as required.
7, approved .After the payment is completed, the village (neighborhood) committee shall submit the payment documents to the town people's government (street office) in batches. The town people's government (street office) shall issue the "Rural Residential Construction Land License", and the town (street) Land and Urban Construction and Water Affairs Bureau shall issue the "Registration Opinions Form for the Planning and Construction of Self-built Residents of Rural Residents".
8, certificate . The applicant shall apply for real estate registration with the "Rural Residential Construction Land License", "Rural Residential Self-built Residential Housing Planning and Construction Acceptance Filing Opinions Form" and relevant materials.
. In these circumstances, the reissue application shall not be approved. For homesteads that are "built without approval" in one of the following circumstances, the reissue application will not be approved:
(I) The ownership of the application for land plot is unclear or controversial;
(II) The application for land plot does not comply with the land use master plan and urban and rural planning (controlled detailed plan or village plan);
(III) The application for land plot does not comply with the overall land use plan and urban and rural planning (controlled detailed plan or village plan);
(III) The application for land plot is within the scope of the water utilization land or water conservancy protection land and the water conservancy department does not agree to the processing;
(IV) Other circumstances that do not comply with the approval.
3Batch less and use more
is a homestead with "less batch less and use more". The land use procedures and the above-ground house construction procedures must be reviewed in one. If one of the following circumstances occurs, it will not be accepted:
Application for land area exceeds 150 square meters;
Application for land buildings exceeding town (street) ) The high-level construction control indicators stipulated;
The applicant cannot provide valid supporting documents such as the original real estate certificate (including land use certificate );
The applicant cannot provide a house safety appraisal report or a safety liability commitment letter;
Other circumstances where the acceptance is not accepted.
Application process
is a homestead with "less purchases, more use" and if it meets the acceptance conditions, the applicant can follow the following procedures:
1, apply for . The applicant will fill out the "Approval Form for Reissue Land Use Procedures and Construction Application Procedures for Rural Residents (less approve and use more)" and the "Survey Form for Illegal Construction of Self-built Residential Housings" and submit ID cards, household registration books, real estate certificates (including land use certificates) and other relevant materials to the rural collective economic organization as required.
4, joint review . The town (street) land and land departments will conduct on-site inspections and photographs and checks with relevant departments such as the town (street) urban and rural coordination, planning, construction, real estate registration center, etc. The water conservancy departments that involve water utilization land or water conservancy protection land need to be reviewed together. After the joint review is approved, the review opinions must be signed. The joint review work must be completed within 15 working days.
5, public . The town (street) land and land department shall publicize the joint review results for 10 working days in the name of the town people's government (street office), and post them on the notice board of the village committee (neighborhood) association to which the homestead belongs, the notice board of the rural collective economic organization and the land building; if there is no objection after the public announcement period or the objection is not established, a certificate of no objection will be issued and sent to the town and street home reform office and the village (neighborhood) committee respectively.
7, approved . After the payment is completed, the village (neighborhood) committee shall submit it to the town people's government (street office) in batches based on the payment documents. The town people's government (street office) shall issue the "Rural Residential Construction Land License", and the town (street) Land and Urban Construction and Water Affairs Bureau shall issue the "Registration Opinions Form for the Planning and Construction of Self-built Residents"; at the same time, the seal of "New land use permits and planning and construction acceptance registration form has been issued by the seal "A new land use permit and planning and construction acceptance registration form have been issued in time" in the notes column of the original real estate certificate (including land use certificate).
8, certificate . The applicant shall apply for real estate registration with the "Rural Residential Construction Land License", the "Rural Residential Self-built Residential Housing Planning and Construction Acceptance Filing Opinions Form", the original real estate certificate (including land use certificate) with seals and relevant materials.
For homesteads with "less purchase and more use", if any of the following circumstances occurs, the reissue application will not be approved:
application for land ownership is unclear or controversial;
application for land plot does not comply with land use master plan and urban and rural planning (controlled detailed planning or village planning);
is within the scope of water utilization land or water conservancy protection land and the water conservancy department does not agree to the processing;
other situations that do not comply with approval.
( Note: The right to use homesteads obtained by members of non-rural collective economic organizations should indicate in the notes column of the certificate when registering real estate rights, "The right to use is a member of non-collective economic organizations and shall not be expanded or relocated.")
Illegal construction or exceeding the standard requires payment, and the calculation standard depends on this!
is a homestead that is "historically built" and is exempted from paying illegal construction fines when re-issue filing.
, homesteads that are "build before approval" and "use more when approval", should pay illegal construction fines and homestead land exceeding the standard usage fee as required.
1Homestead land exceeds the standard usage fee
is a land with an actual land area of more than 80 square meters, and a land with an actual land area of more than 80 square meters and exceeding the original approved area, the homestead land exceeds the standard usage fee to the village (neighborhood) committee in accordance with the "Calculation Standard for Payment of Excessive Usage Fees for Homestead Land".
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