Seventh rural villagers meet one of the following conditions, can apply for homestead:
(a) it is really necessary to separate households because of children's marriage and other reasons, and there is a lack of homestead;
(two) the foreign population has settled and become a member of the collective economic organization, and there is no homestead;
(three) 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, it is really necessary to move.
Eighth rural villagers need to use the homestead, they shall apply to the villagers' committee, which shall publish and submit it to the villagers' meeting or the villagers' representative meeting for discussion.
After discussion, it shall be reported to the township (town) land management institution, the county (city) land administrative department and the county (city) people's government for approval. After the approval of the county (city) people's government, the villagers' committee shall announce the approved homestead.
Ninth rural villagers in any of the following circumstances, shall not be approved to use the homestead:
(a) under the age of eighteen;
(two) the original homestead area has reached the required standard or can meet the needs of households;
(three) the sale or lease of houses in the village.
Extended data:
Rural homestead refers to the collectively owned land occupied and used by rural farmers or individuals as a living base. Including three types: built houses, built houses or land decided to be used for building houses, built houses, built houses without roofs or uninhabitable land planned for building houses.
1 is a noun in land management law.
2. The legal basis is the Land Management Law, the Administrative Regulations of the Ministry of Land and Resources and the Measures for the Administration of Homestead in Provinces. In practice, the application is mainly based on the regulations on the management of homesteads in various provinces.
According to the opinions of the Ministry of Land and Resources on strengthening the management of rural homestead, the law of "one household, one house" is resolutely implemented, and each rural villager can only own one homestead, the area of which shall not exceed the standards stipulated by provinces (autonomous regions and municipalities). This standard should be handled in accordance with the province's own regulations.
Land management law stipulates that homestead, private plots and private hills are collectively owned by farmers. Villagers only have the right to use, but no ownership. ?
Land and houses in our country are managed separately. According to the regulations, homestead is a collective construction land for farmers to build houses based on their membership in collective economic organizations. Farmers can get land without paying any land fees. Is a kind of welfare, generally can't inherit. But the houses built on the homestead belong to citizens' personal property and can be inherited.
In practice, the inheritance of farmers' homestead can be divided into the following situations: the heirs are members of collective economic organizations, and if they meet the application conditions for homestead, they can obtain the homestead of the inherited house after approval;
Do not meet the application conditions, you can sell the house to other villagers who meet the application conditions. Unwilling to sell, the house shall not be rebuilt, rebuilt or expanded. When uninhabitable, the homestead shall be recovered by the collective economic organization. If the heir is a resident of this city, it shall be handled in accordance with the above-mentioned circumstances that do not meet the application conditions for homestead.
References:
Baidu encyclopedia-rural homestead