What are the legal characteristics of homestead?
1, rural villagers implement the system of one household and one house. That is, each rural villager can only own one homestead in one place.
According to the Land Management Law of the People's Republic of China, rural villagers can only use the collective land owned by the collective economic organization for building houses. Therefore, rural residents can only apply for homestead in the village (villagers' group) where they are registered, but not in other villages (or villagers' groups). This is mainly aimed at the newly applied homestead, but many houses (including homesteads) formed due to legal reasons such as property inheritance are not dealt with in principle, and rural villagers can deal with them by selling or maintaining their original state, but houses cannot be rebuilt. After the house is damaged, the redundant homestead should be recovered. What needs to be explained here is that the homestead is not equal to a piece of land. Homestead can be divided, but the area should be calculated cumulatively. You already own a homestead and reach the specified area standard, and you are not allowed to buy houses, nor are you allowed to buy houses on farmers' collective land in other areas as houses.
2, rural villagers to build houses should conform to the overall land use planning, and try to make use of the original homestead and village homestead.
3, rural villagers to build houses, approved by the people's government at the county level. However, if the occupation of agricultural land is involved, the approval for the conversion of agricultural land shall be handled. The examination and approval of rural villagers' homestead should be open, fair and just, and the villagers' representative meeting should play its role in accordance with the principle of rural villagers' autonomy. The villagers' meeting will discuss whether they are eligible to apply for homestead. Before the examination and approval, the opinions of rural villagers should be listened to, and after the examination and approval, it should be announced and accepted by the masses.
4. Rural villagers may not approve the homestead after selling or renting houses, which is a measure to prevent rural villagers from engaging in real estate in the name of building houses. However, in the village (or villagers' group), because two households' homesteads are not up to standard, the homestead is adjusted, and one of them applies for homestead, which does not belong to this column. With the consent of the villagers' meeting, you can apply for homestead according to law.
It takes some working days to complete the review of homestead ownership. After the audit, the Bureau of Land and Resources has no objection and will issue an announcement. The announcement time is at least 7 days. Generally, as long as there are no special circumstances, land certificates will be made for the parties.
Legal basis:
Regulations on the Implementation of the Land Management Law of the People's Republic of China
Article 16
The competent department of natural resources of the local people's government at or above the county level shall publish the total annual supply, structure, time sequence, plots and uses of construction land determined by the people's government at the corresponding level on the government website for public inspection.