In rural areas, many people think that homestead is their "ancestral business", so it can be inherited and used by future generations. However, according to the spirit of China's land management law, the ownership of the homestead distributed by villagers belongs to the collective and belongs to the collective assets. Therefore, the homestead cannot be inherited as a "ancestral business" alone, and it is not allowed to be rebuilt after the house is inherited and used.
Case: After graduating from college, Xiao Liu stayed in the city to work, moved his rural hukou to the city, and left his father to live in his hometown in the countryside. After his father died of illness the year before last, he left a homestead and five old houses. After Liu Jicheng's house, he thought the house on the ground was old, so he rebuilt the inherited house. However, shortly after the new house was opened, the village told Xiao Liu that the rebuilt house was illegal and asked Xiao Liu to stop building immediately and return the homestead to the village collective.
Why can Xiao Liu inherit the house in the countryside, but he is not allowed to rebuild it? Homestead can be used all the time without reconstruction?
According to the spirit of China's "Land Management Law" and other laws and regulations: rural homestead belongs to rural land, regardless of its use status, its ownership is village collective and cannot be changed, and villagers are only qualified to use the allocated homestead. In addition, only members of the village collective economic organizations are eligible to allocate and use the homestead, while collective villagers in other villages and urban hukou personnel are not eligible to use the village collective homestead.
However, according to the spirit of China's Civil Code and Property Law, the houses built by villagers on the homestead belong to the legitimate private property of villagers and can be inherited and owned according to law. Therefore, even Liu Ye, who moved from rural areas to cities, can inherit the farmhouses left by rural parents.
There is a contradiction: urban household registration personnel can inherit rural houses, but they are not qualified to use rural homesteads. However, rural homestead and farm house are a whole, and no one can do without anyone. How to resolve this contradiction? According to the spirit of "Property Law", while acquiring rural houses, it is possible to inherit the use qualification of homestead under the house with the house, but the use qualification of homestead is limited to the duration of the house. Once the inherited old house is lost, whether it collapses artificially or naturally, the qualification for using the homestead under the house will also be lost, and the heirs of the house cannot carry out renovation activities on the land where the house is lost. This is what we often say in rural areas.
Therefore, Xiao inherited the farm house left by his father according to law and used the homestead while the house continued to exist. However, due to the status of "urban household registration", I can only use the homestead "by the house" and cannot inherit the homestead alone. As long as the inherited old house falls down, whether it is man-made or natural, Xiao Liu will be forced to return the homestead, because he has lost the qualification to use the homestead as a house and cannot turn over in the original house.
Thus, the rural homestead is not a "ancestral business", and it is impossible to "inherit the father's business" to obtain the right to use the homestead alone.
So how can a person who inherits rural houses like Xiao Liu make full use of the qualifications for the use of homesteads?
Extend the service life of the inherited old house
After urban residents inherit rural houses, they can only obtain the right to use the homestead during the existence of the inherited old houses, but the state has no specific provisions on this period. Therefore, in order to use the rural homestead as long as possible, it is necessary to protect the old house and prevent it from collapsing. According to the national regulations, although the house cannot be rebuilt on the original site after inheritance, there is no stipulation that it is not allowed to maintain or repair the house.
The concepts of repairing and rebuilding (including rebuilding and expanding) houses are different, and the most essential difference is whether to destroy the main structure of old houses. Therefore, as long as the inheritor does not rebuild and expand the main structure of the old house, other construction activities belong to the maintenance category, because this is also a necessary and basic requirement to ensure the inheritor's living safety.
Therefore, after inheriting the house, the heir should pay attention to the repair and maintenance of the house without changing the main structure of the old house, which is the best way to make full use of the qualification of the homestead.
Long-term planning, early transformation
If Xiao Liu uses his father's life to rebuild the old house in his father's name in advance, this is allowed and is also the person who reminds this situation. However, the house decoration must go through the filing procedures in advance, and there must be no shortage of land use and planning approval. Only when the house is renovated according to laws and regulations can the renovated new house be registered. Otherwise, it is very likely that the house decoration will not be recognized after inheriting the house, which may eventually affect the inheritance and use, and the loss will outweigh the gain.
When the household registration is moved back, the right to use the village collective homestead is directly obtained.
In some cases, rural hukou can still be returned to the village collective. For example, the hukou left the village collective for reasons such as going to school, joining the army, and going abroad. If you don't have a stable job in the city and still have a stable relationship of rights and obligations with the village collective, you can also move your hukou back to the village. As for how to go through the formalities, you can consult the village collective or the village Committee.
Once the hukou is moved back to the village, you can use the homestead left by your parents aboveboard. At this time, you will not be restricted by the condition of "inheriting by house", and you can also transform or expand the farmhouse.