Dongguan zhengmeng lawyer
Practice for 5 years | Guangdong Dazhou Law Firm
Good at: criminal defense, labor disputes, contract disputes, creditor's rights and debts.
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1. Can rural people buy houses in other villages?
1, rural people can buy a house in another village. According to the regulations of the villagers' committee, building houses in other rural areas needs to be voted by the local villagers' meeting, and the household registration must be moved to the village, and the homestead of the original village must be returned.
2. Legal basis: Article 62 of the Land Administration Law of the People's Republic of China.
Rural villagers can only own one homestead, and the area of the homestead shall not exceed the standards set by provinces, autonomous regions and municipalities directly under the central government.
In areas where per capita land is small and it is impossible to guarantee one household and one house, the people's government at the county level can take measures to ensure that rural villagers live in houses on the basis of fully respecting the wishes of rural villagers and in accordance with the standards stipulated by provinces, autonomous regions and municipalities directly under the Central Government.
Rural villagers building houses shall conform to the overall land use planning and township (town) village planning, and shall not occupy permanent basic farmland, and try to use the original homestead and village parents. The overall land use planning and village planning of townships (towns) shall make overall planning and reasonable arrangement of homestead, and improve the living environment and conditions of rural villagers.
Rural residential land, 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.
After the rural villagers sell, rent or donate their houses, they will not be approved if they apply for the homestead again.
The state allows rural villagers who have settled in cities to voluntarily withdraw from their homesteads with compensation according to law, and encourages rural collective economic organizations and their members to actively use idle homesteads and idle houses.
The competent department of agriculture and rural areas in the State Council is responsible for the reform and management of rural housing sites throughout the country.
2. What are the approval procedures for farmers to apply for homesteads?
The examination and approval procedures for farmers to apply for homestead are as follows:
1, rural villagers to build houses, first apply to the collective economic organizations;
2, the village collective economic organizations to apply for housing households in a prominent position posting publicity;
3. The land and resources management office and the town social affairs office go to the field to inspect whether the applicant meets the conditions and whether the proposed land meets the planning. ;
4, after the expiration of the announcement without objection, will meet the conditions of land users in accordance with the provisions of the Township People's government for examination and approval, submitted to the county people's government for approval;
5. After the approval of the homestead, the land office and the town social affairs office will conduct the approval of the homestead on the spot, and issue site selection opinions, planning permits and construction permits;
6. After the villagers build houses, the land and resources should be inspected on the spot to see whether the land is used according to the approved area and requirements, and collective land use certificates should be issued to the building households that meet the requirements.