Rural homestead refers to the rural land that restricts the members of the collective economic organization to meet the conditions and enjoy the right to use according to the standards stipulated by laws and regulations, and is used to build their own residential houses. Farmers only have the right to use the homestead, and the land belongs to farmers collectively.
If rural villagers need to use homestead for building houses, they shall apply to the collective economic organizations and post them in the collective economic organizations or villagers' groups. If there is no objection at the expiration of the publicity period, it shall be reported to the township (town) for review and then to the county (city) for approval. After the homestead is approved according to law, the rural collective economic organizations or villagers' groups shall timely post the approval results.
Rural homestead application conditions
1, it is really necessary to separate households due to children's marriage and other reasons, and there is a lack of homestead;
2, the foreign population settled, became a member of the collective economic organization, no homestead;
3, due to the occurrence or prevention of natural disasters, the implementation of village and market town planning and the construction of township (town) village public facilities and public welfare undertakings, the need to move.
Rural villagers in any of the following circumstances, shall not approve the use of homestead:
1, under the age of 18;
2, the original homestead area has reached the required standard or can solve the household needs;
3. Sell or rent a house in the village.
Because there are some discrepancies in the regulations of different provinces, the specific situation can only be determined after consulting the local land department. The general procedures and steps are described above. If you have any other questions, please add your questions.
How to confirm the right of rural homestead?
(1) A rural villager can only own a homestead that is legally approved for use and does not exceed the specified area. If the homestead exceeds the area, it shall be handled according to different historical stages:
1982 before the implementation of the regulations on the administration of rural construction land, if the land area of the homestead occupied by rural villagers has not been expanded since the implementation of the regulations on the administration of rural construction land, it can be registered according to the existing actual use area.
1982 after the implementation of "regulations on the management of rural construction land" and before the implementation of 1987 "land management law", if the homestead occupied by rural villagers exceeds the specified area standard, the excess part can be registered according to the actual use area after being dealt with according to the relevant national and local regulations at that time.
1987 ? After the implementation of "Land Management Law" in, if the homestead occupied by rural villagers for building houses exceeds the specified area standard, the ownership shall be registered according to the actually approved area, and the area exceeding the standard shall be indicated in the land register and the remarks column of the land property certificate. If a house is built alone or an existing house is relocated, rebuilt or rebuilt, or the government carries out planning and reconstruction according to law, it shall be handled in accordance with relevant regulations, and the ownership shall be re-registered according to the prescribed area standard.
(2) In line with the provisions of the Standard for Building Houses without Households, if the current homestead does not exceed the total family area, it will not be treated as over-area.
(3) Non-agricultural registered permanent residence residents (including overseas Chinese) have legally obtained homesteads and houses in rural areas, and the property rights of houses have not changed. If farmers collectively issue certificates and announce that there is no objection, they can register the land according to law, and the remarks column of the collective land use certificate should indicate "the obligee is not a member of the peasant collective".
(4) Rural or urban residents who already own homesteads and are not members of farmers' collective can register and issue certificates according to regulations because the houses they inherit occupy rural homesteads. In the remarks column of the collective land use certificate, it should be indicated that "the obligee is the legal heir of the original member's residence of the peasant collective".
(five) farmers who are not members of the farmers' collective, because of the centralized relocation of geological disasters, new rural construction, resettlement, etc., can register and issue certificates in accordance with the provisions with the consent of most members of the farmers' collective and the approval of the competent authorities.
(6) For the homestead without proof of ownership source, the historical use and present situation of the land shall be ascertained, and the village committee shall issue a certificate and announce it 15 days without objection. After being audited by the township (town) people's government, it shall be reported to the people's government at the county level for examination and approval. If it is legally used, the right to use the homestead shall be determined.
(7) Idle or collapsed houses, houses that have not been restored for more than two years are demolished, and the right to use them is uncertain. If the right to use has been determined, the collective economic organization shall report to the people's government for approval, cancel the land registration and recover the collective land use right.
The above content is introduced by Bian Xiao. I believe that through these contents, you should know something about rural homestead and the confirmation of rural homestead. I hope I can help you.
(The above answers were published on 20 16-07-23. Please refer to the actual situation for the current purchase policy. )
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