Relieve the worries of entering the city
"I am the only child in my family. My parents used to worry that I couldn't inherit the old house in the country. Now they don't have to worry about this anymore. " Seeing the official reply that the right to use the rural homestead can be inherited, Ms. Wang, who lives in Beijing, shared the news with her parents for the first time.
In recent years, China's urbanization has developed rapidly, and a large number of rural people have been shifting to cities and towns. In this process, the ownership of home and homestead has become a major focus of many people.
"In addition to my parents, the rest of our family are now urban hukou. We specially consulted some professionals and did not get a clear answer about how to deal with old houses and homesteads in the future. " Four sisters Lili stayed in the city to work after graduation. In order to make their parents stay in their hometown in the countryside better off, the four sisters specially decorated their hometown house the year before last. "At that time, the old couple strongly opposed it. They are worried that their houses and homesteads will be repossessed in the future, and it is not cost-effective to spend money on decoration. Fortunately, the relevant departments gave an authoritative answer this time, and household registration will not become a restriction, which is also a' reassuring' for our family. "
Liang Liang, who works in Shenzhen, said that his hometown is in the countryside of Ningbo, Zhejiang. "We are developing well there. The transportation and facilities in the village are good. There is a house there, which has replaced my life and career. " Liang Liang said that although he has no plans to go back, there is a great possibility of going back in the future.
Wei, director of the Institute of Rural Development of China Academy of Social Sciences, said that homestead is the basic housing guarantee for farmers. The response of seven departments, including the Ministry of Natural Resources, was very timely and important, which further clarified the property rights characteristics of the homestead, solved the long-standing problem of inheritance of the homestead in reality, relieved the fear that the right to use the homestead might be taken back for farmers who intended to settle in the city, enabled farmers and their children who settled in the city to return to their rural homes, and protected the legitimate rights and interests of farmers. "In addition, this will also help solve the problem that some rural homesteads are abandoned and idle at present."
Data show that since the reform and opening up, China's rural population has decreased by more than 230 million, but the area of rural residential land has increased instead of decreasing, and the phenomenon of idle waste of rural residential land is very serious. According to incomplete statistics, rural homesteads and houses have been idle for more than 654.38+06 billion square meters due to migrant workers' going to work in cities and other reasons.
Wei introduced that in recent years, many "hollow villages" have appeared in various places, and there are many idle homesteads and houses. The clarity of this system will help to further attract talents to return home to start businesses, the two-way flow of talents between urban and rural areas, make full use of rural idle homesteads and idle houses, and provide convenient conditions for returnees to rely on their own and idle houses to develop suitable rural industries, which is a great advantage for promoting rural development and rural revitalization.
The conditions for inheritance and use should be clear
What are the conditions for inheriting the right to use the homestead in my hometown?
In the reply, the seven departments made it clear that according to the provisions of the inheritance law, the house of the decedent was inherited by the heir. According to the principle of the integration of real estate and real estate, the heirs inherit the ownership of the house and the right to use the homestead, and the rural homestead cannot be inherited separately.
Talking about the above provisions, Wang Long, a lawyer of Beijing Shengting Law Firm, explained that the right to use the homestead refers to a kind of property right enjoyed by individual citizens in building houses on collectively owned homesteads. "Children with urban household registration can inherit the right to use rural homesteads, which actually means that children with urban household registration can obtain the right to use rural homesteads by inheriting rural houses. In other words, there must be a house on the homestead. If it is an empty homestead, it cannot be inherited. "
How to inherit? In the reply of the 7 departments, it is pointed out that the Code of Practice for Real Estate Registration (Trial) clearly stipulates that members of non-rural collective economic organizations (including urban residents) who occupy homesteads because of inheriting houses can register their rights in accordance with relevant regulations, and indicate in the postscript column of the real estate registration book and certificate that "the obligee is the legal heir of the original member's residence of the peasant collective economic organization".
Specifically, local governments have given more detailed regulations. Take chibi city as an example. Recently, the Municipal Bureau of Natural Resources and Planning made it clear that not only "children with urban household registration" can inherit the right to use rural homestead, but other heirs (such as "married women"); Heirs other than the children of the deceased may also inherit the estate. If the right to use the homestead and the ownership of the house are transferred according to law, the real estate ownership certificate or other ownership source materials, inheritance materials according to law, heir identification documents and related surveying and mapping materials shall be submitted to the local real estate registration center for registration.
Knowing that the right to use the rural homestead can be inherited, Mr. Gao, who works in Shanghai, is planning to return to his rural hometown in Yancheng, Jiangsu recently: "Now my parents live with us most of the time, and I am worried that the tile house in my hometown will collapse if no one lives for a long time, so I want to go back and repair it, so that we can live more comfortably when we go back occasionally."
However, it is ok to simply repair the house, and both new construction and renovation must be approved by the competent department. Recently, Guangxi issued a notice to standardize the approval of new rural residential sites and the management of building houses, and clearly put forward three procedures: farmers' application, villagers' group review and publicity, and township government approval. The area of local rural villagers' homesteads shall not exceed 100 square meters for each household in plain areas and urban suburbs, and 150 square meters for each household in hilly areas and mountainous areas. In the original site reconstruction and expansion, the land area and construction area of the homestead shall not exceed the prescribed standards.
"Across the country, regulations may vary from place to place, so it is best to consult relevant departments to clarify requirements and regulations before the renovation of old rural houses, and don't start construction blindly." Wang lung said.
Revitalize rural idle houses
In recent years, people pay more and more attention to rural homestead. Seeing the news that farmers' right to use their homestead can be inherited by children registered in cities and towns, some urban residents immediately raised the question of whether they can buy land and build houses in rural areas.
In this regard, it is pointed out that rural homestead is a collective construction land used by rural villagers to build houses and their ancillary facilities, and children with urban household registration can only inherit their right to use it and cannot trade it. In fact, in view of the phenomenon that some places illegally buy and sell homesteads and occupy cultivated land to build houses, the documents of relevant departments have clearly pointed out that it is strictly forbidden for urban residents to buy homesteads in rural areas, and it is strictly forbidden to use rural homesteads to build villas and private clubs; It is strictly forbidden to illegally occupy or buy or sell homestead in the name of circulation.
What should I do if I can't buy land to build a house and want to go back to my hometown? Lease, cooperation, etc. Become a choice. The Office of the Central Rural Work Leading Group and the Ministry of Agriculture and Rural Affairs issued a document stating that village collectives and farmers are encouraged to make full use of idle homesteads and houses, and develop farmhouse music, homestays and rural tourism according to laws and regulations through independent operation, cooperative operation and entrusted operation. Urban residents, industrial and commercial capital and other rental farmhouses live or operate, and the lease contract period shall not exceed 20 years. After the expiration of the contract, both parties may agree separately.
There are "urban people who want to come in" and "rural people who want to go out". Li Jun, whose hometown is Wuping County, Fujian Province, doesn't care much about the news that the right to use rural homesteads can be inherited. "Our village is almost all elderly people now, and young people basically go out to study and work." Li Junhe's wife runs a laundry in Beijing and only goes back to her hometown during the Spring Festival every year. "Although there is a homestead at home, the income from returning home is far less than that in Beijing, so there is no plan to go back."
The Ministry of Agriculture and Rural Affairs proposed, with the consent of the owner of the homestead, to encourage rural villagers to transfer the homestead to farmers who meet the application conditions within their collective economic organizations. For rural villagers who have settled in cities, all localities can raise funds through multiple channels and explore ways to encourage them to voluntarily withdraw from their homesteads with compensation.
Around the rural homestead, a series of measures to strengthen management are accelerating. For example, in view of the problems of excessive homestead area and "multiple houses for one household" formed in history, the Office of the Central Leading Group for Rural Work and the Ministry of Agriculture and Rural Affairs stressed that the "one house for one household" regulation should be strictly implemented, and a rural villager can only own one homestead, and the area should not exceed the standards set by provinces, autonomous regions and municipalities directly under the Central Government. The Ministry of Natural Resources has also made it clear that the national rural cadastral survey will be completed by the end of 2020, and the registration rate of homestead and collective construction land will reach over 80%, and the cleaning and integration of homestead and collective construction land and housing registration materials will be completed by the end of next year.
Wei believes that steadily and prudently promoting the reform of rural homestead system and strengthening the standardized management of rural homestead are conducive to safeguarding the legitimate rights and interests of farmers and promoting the overall revitalization of rural areas.