Building houses in rural areas is much stricter now than before. Today, let's talk about what conditions rural housing should meet. What are the procedures?
1. What conditions do rural houses need to meet?
In rural areas, if you want to build a house, you have to apply for a homestead. So, what conditions can I apply for a homestead? According to the relevant laws and regulations, you can apply for homestead if you meet the following conditions.
1. It is really necessary to separate households due to children's marriage and other reasons, and there is no homestead.
It should be noted that if the farmer has only one child, the child needs to share a homestead with his parents and cannot apply for a homestead alone; If a farmer has more than two children, but only one son, the parents and son share a homestead, and the son may not apply for a homestead alone; If a farmer has more than two sons, one of them needs to share a homestead with his parents, and the other sons can apply for a homestead separately when they grow up. In other words, farmers need to keep a child around them, and other adult children really need to set up another portal. If the existing homestead is lower than the household standard, you can apply for homestead.
2. Being a member of a collective economic organization and having no homestead.
As we all know, homestead belongs to farmers' collective ownership and is distributed to members of collective economic organizations free of charge. Members of collective economic organizations who have no homestead may apply to the collective.
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.
According to the relevant provisions of Article 66 of the Land Management Law, rural collective economic organizations can take back the land use right and give appropriate compensation to the land use right holders if the township (town) needs land for the construction of public facilities and public welfare undertakings, with the approval of the people's government that originally approved the land use.
If a farmer's homestead and house are taken back for the above reasons, the collective economic organization will definitely give compensation. The common way of compensation is to grant another homestead to farmers. Of course, the house on the original homestead should also be compensated at the replacement price.
In addition to the above three situations, you can apply for a homestead, and there are some special circumstances that you can apply for a homestead. For example, Henan stipulates that technicians recruited by collective economic organizations can also apply for homestead if they want to settle in the local area.
2. What are the procedures for building houses in rural areas?
The Land Management Law stipulates that rural villagers' residential land shall be examined and approved by the township (town) people's government; Among them, those involving the occupation of agricultural land shall go through the examination and approval procedures in accordance with the provisions of Article 44 of this Law. In other words, rural villagers' residential land is approved by the township (town) government.
According to the Notice on Standardizing the Examination and Approval Management of Rural Homestead issued by the Ministry of Agriculture and Rural Affairs and the Ministry of Natural Resources on February 65438+2, 2009, the procedures for examining and approving homestead applications are as follows:
1. Application by villagers. Farmers who meet the application conditions for homestead shall submit a written application for homestead and building (planning permission) to the local villagers' group on a household basis.
2. The villagers' group meets to discuss. After receiving the application, the villagers' group shall submit it to the villagers' group meeting for discussion, and publicize the reasons for the application, the location and area of the proposed land, and the height and area of the proposed building within the group.
3. Review of village-level organizations. Publicity without objection or objection is not established, the villagers' group will apply for farmers, villagers' group meeting records and other materials sent to the village collective economic organizations or villagers' committees (hereinafter referred to as village-level organizations) for review. Village-level organizations focus on reviewing whether the submitted materials are true and effective, whether the land to be built conforms to the village planning, and whether to solicit the opinions of the neighboring right holders of the land for building.
4. township government audit. After examination and approval, the village-level organizations shall sign their opinions and submit them to the township government.
PS: If there is no separate villagers' group or the application for homestead and building has been uniformly handled by village-level organizations, the farmers will directly apply to the village-level organizations, which will sign their opinions and submit them to the township government after being discussed and approved by the villagers' representative meeting and publicized within the scope of the collective economic organization.