According to the Measures for the Administration of Rural Homestead
Article 6 Rural villagers' housing construction should be combined with the transformation of old villages, land consolidation and homestead reclamation, make full use of the original homestead, villages in the village and hilly slopes around the village, strictly control the occupation of cultivated land by housing construction, and do not build houses in basic farmland protection areas.
Seventh rural villagers building (including new construction, expansion, relocation, demolition), shall go through the formalities for examination and approval of land use according to law. Involving the occupation of agricultural land, it shall go through the examination and approval procedures for the conversion of agricultural land according to law; Involving transportation, forest land, water conservancy and other land, it should also obtain the permission or consent of the relevant departments.
Eighth rural villagers homestead ownership belongs to the collective, individuals only have the right to use. No one may transfer or lease it without approval. If it is necessary to adjust the homestead for the transformation of old villages and old cities due to the implementation of town planning, the users of the original homestead shall obey.
Extended data
In any of the following circumstances, the application for homestead shall not be approved:
(a) before applying for a new homestead, the area of the homestead has reached the prescribed standard, except for the transformation of the old village for the implementation of village and market town planning;
(2) Renting, selling or transferring the homestead and the above-ground buildings in other forms (except for the unreasonable adjustment due to the lack of housing users), or applying for the homestead after converting the house into other uses;
(three) all family members as a family to apply for homestead and get approval, do not have the conditions of household or unreasonable household to apply for homestead;
(four) the children have set up a household and meet the conditions for setting up a household, and the parents apply for a homestead separately;
(five) the implementation of the transformation of old villages or the implementation of planned natural village merger, building on the original homestead;
(six) houses that do not need to live are not demolished, and the homestead is not returned to the village collective;
(seven) illegal housing is not dealt with according to law;
(eight) other do not meet the conditions of building.
Reference source
Baidu Encyclopedia-Measures for the Administration of Rural Homestead