Answers to rural residential land laws and policies
Many people don't know much about rural residential land laws and policies. Here are the answers to rural residential land laws and policies in 217. Welcome to read!
1. What is a rural homestead?
rural homestead refers to the part of land specially used for building houses in rural areas, including three types: land where houses have been built, land where houses have been built but there is no roof to live, and land for residential planning.
2. what is the right to use rural homestead?
the ownership of rural homestead belongs to farmers' collective ownership, and villagers only enjoy the right to use homestead, but not ownership. The right to use rural homestead refers to the right of villagers to build houses and ancillary facilities on the homestead owned by collective economic organizations obtained according to law, and to possess, use and restrict the disposal of the homestead.
3. How do villagers apply for homestead?
if villagers need to use the homestead for building houses, they should apply to the collective economic organization and post it in the collective economic organization or villagers' group. If there is no objection at the expiration of the announcement period, it shall be reported to the township (town) for examination and approval, and then to the county (city) for approval. The homestead approved according to law, rural collective economic organizations or villagers' groups shall timely post the approval results.
4. what are the characteristics of rural homestead?
first, collective ownership. China's Constitution stipulates: "Urban land belongs to the state. Land in rural areas and suburban areas belongs to the collective, except that it is owned by the state according to the law; Homestead, private plots and private hills are also collectively owned. "
second, use subject specificity. That is, the specific homestead is limited to the members of the collective economic organization to enjoy the right to use. Villagers can only apply for homestead to the collective economic organization. After applying for homestead, villagers can only use it for self-built houses and cannot transfer it.
third, one household and one house. According to the first paragraph of Article 62 of China's Land Management Law, "a rural villager can only own one homestead, and the area of its homestead shall not exceed the standards set by provinces, autonomous regions and municipalities directly under the Central Government". Literally, this rule is clear enough. If a farmer owns more than two homesteads, it is of course illegal.
5. what should be paid attention to when building a house on the homestead?
When villagers build houses, they should conform to the overall land use planning of townships (towns) and try their best to use the original homestead and village Uchikoga.
residential land for villagers shall be audited by the township (town) people's government and approved by the people's government at the county level; Among them, involving the occupation of agricultural land, the examination and approval procedures should be handled according to law.
6. what rights do villagers enjoy on their own homestead?
according to article 152 of China's property law, "the owner of homestead has the right to possess and use collectively owned land according to law, and has the right to use the land to build houses and their ancillary facilities according to law." Villagers mainly enjoy the right to use their homestead on the basis of possession, that is, the right to use the homestead.
The right to use the homestead mainly has the following characteristics:
First, the subject of the right to use the homestead can only be members of rural collective economic organizations. Urban residents are not allowed to buy homestead unless they move their household registration into the rural collective economic organization according to law.
second, the use of the right to use the homestead is limited to the construction of individual houses by villagers. Personal residence includes housing and ancillary facilities related to villagers' living life, such as kitchen and courtyard wall.
thirdly, the right to use the homestead is strictly "one household, one house". According to China's Land Management Law, a villager can only own one homestead, and its area shall not exceed the standards set by provinces, autonomous regions and municipalities directly under the Central Government. When villagers build houses, they should conform to the overall land use planning of townships (towns), and try their best to use the original homestead and village Uchikoga. Villagers' residential land shall be audited by the township (town) people's government and approved by the people's government at the county level, but if it involves the occupation of agricultural land, the examination and approval procedures shall be handled in accordance with the relevant provisions of the Land Management Law. After the villagers sell or rent their houses, they will not be approved if they apply for homestead again.
fourth, the homestead is welfare, that is, the initial acquisition of the homestead is free.
7. Who can apply to use the homestead in the village?
article 62 of the land management law stipulates that "a rural villager can only own one homestead". According to this article, it can be seen that those who apply for the use of rural homestead can usually only be villagers in their own village. Villagers in this village refer to members of the collective economic organizations. If you are not a member of a rural collective economic organization or an urban person, you are generally not allowed to use or apply for a homestead.
8. how to determine the right to use the homestead?
there are two main ways to determine the right to use the homestead: one is judicial determination, and the other is administrative determination.
judicial determination refers to the determination of the ownership of the right to use the homestead through judicial procedures in the form of judgments and rulings.
administrative determination refers to the determination made by the land registration administration department.
according to China's recent laws and related policies, the villagers' right to use the homestead should be treated as follows:
First, the homestead that has not been adjusted by unified planning should be determined according to the land registration scope during the rural land reform.
second, the homestead that has been adjusted individually through unified planning or legal procedures shall be subject to the scope of use confirmed after planning and adjustment.
if there is a dispute between the parties over the use of the homestead, if the collective land use certificate is clearly marked with four directions, but the length, width and area of the four directions are inconsistent, except that the four directions sign is moved, the four directions sign shall prevail. If one party's collective land use certificate is consistent with the actual land area, but the other party is inconsistent or has no collective land use certificate, the land certificate of the party whose collective land use certificate is consistent with the actual area shall prevail.
for villagers who meet the requirements of the local government for building houses by households but have not yet done so, if their existing homestead does not exceed the total standard area of the land for building houses by households, the right to use the homestead can be determined according to the existing area.
9. How many homesteads can a villager own?
article 62 of the land management law stipulates: "a rural villager 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." The Notice of the Ministry of Land and Resources on Further Accelerating the Registration and Certification of the Right to Use Homestead (Guo Tu Zi Fa [28] No.146) stipulates that the legal provision that a rural villager can only own one homestead should be strictly implemented. In addition to inheritance, if a rural villager applies for the second registration of the right to use the homestead, it will not be accepted. These regulations define the principle of "one household, one house".
"One rural household can only own one homestead" means that a rural household applies for a second homestead, but the land management department refuses to approve it, not that a rural household can only own one homestead use certificate, because villagers can have restricted homestead use rights under inheritance and other circumstances. In this case, the villagers can only enjoy limited rights according to the second homestead use certificate, and the right to use the homestead will be lost until the inherited house collapses and is damaged.
"one household" refers to the household registration. According to China's household registration management regulations, if registered as a family in the household registration book, then the family registered in the household registration book belongs to one household, and the household can only apply for one homestead. In rural areas, the separation according to customs is not a legal division. Separation without division is still a household, and only one homestead can be owned.
"a homestead" refers to a complete homestead owned by a villager, rather than a number of lands distributed in different parts of the collective. If it is distributed in many places, it will become many homesteads, which is obviously not allowed by law.
1. What's the procedure for handling the rural homestead use certificate?
the procedures for handling the rural homestead use certificate are:
examining the certificate → investigating the situation → measuring the size → filling in the report → reporting for approval → issuing the certificate
11. What are the basic conditions for changing the rural homestead use certificate? The basic conditions for changing the certificate of rural homestead are as follows: 1. The applicant's household registration must be in the village. Second, the applicant's household registration must be in agricultural registered permanent residence. Second, applicants and their families must have no homestead use certificate.
12. what basic materials should be submitted for the rural homestead use certificate?
The basic materials to be submitted for the rural homestead use permit are as follows:
First, the original and photocopy of the household registration book and one copy of the ID card (A4 paper).
second, the certificate from the local police station.
thirdly, an application and a power of attorney.
fourth, the registration form of homestead use right.
13. under what circumstances is the right to use the homestead lost?
the loss of the right to use the house site refers to the situation that the right to use the house site is extinguished when the right to use the house site is lost as stipulated by laws and regulations. To sum up, there are the following situations:
First, the right to use the homestead is lost due to the loss of the homestead.
second, it is lost because of giving up.
thirdly, it is lost due to transfer.
fourth, it is lost due to revocation.
fifth, it is lost because the rural collective economic organizations recover the homestead.
14. can the village Committee take back the homestead by demolishing the inherited original residence and building a new one?
China's Constitution stipulates: "Urban land belongs to the state; Land in rural and suburban areas belongs to the collective, except that it is owned by the state according to law. " Therefore, the ownership of the homestead belongs to the collective. China's "Land Administration Law" clearly stipulates the ownership, use right and individual construction land in rural areas, and villagers only enjoy the right to use their own homesteads, but not ownership. The inheritance stipulated in China's Inheritance Law is the inheritance of citizens' legitimate property. The ownership of the homestead belongs to the collective, and its ownership subject is not the villagers.
China's "Inheritance Law" stipulates that the personal legal property left by a citizen when he dies can be inherited, while the homestead is not personal property. The house left by a citizen when he dies can be inherited, but the homestead cannot be inherited. According to the principle of "inseparable premises", after the house is inherited, the right to use the homestead will be legally transferred to the heir with the property right of the house. At this time, necessary registration should be carried out. When the house is destroyed, the object on which the right to use the homestead depends disappears, and the heir no longer enjoys the right to use the homestead. At that time, the village Committee can take back the homestead.
15. Do I have to pay for the homestead?
At present, the system of obtaining the right to use rural homestead without compensation is implemented in China, that is, villagers can apply for homestead without compensation.
16. Can the right to use the homestead be mortgaged?
the ownership of the homestead belongs to the rural collective, and the villagers only enjoy the right to use the homestead. Homestead is an important event related to farmers' basic life and rural social stability. If farmers are allowed to mortgage their homestead, once the debtor fails to repay the debt, the mortgagee will realize the mortgage, and many problems will arise at this time. First of all, the subject of the right to use the homestead will change, and the new subject may not comply with the law; Secondly, if the mortgagor loses his homestead, he will lose his basic living security, which is not conducive to social stability and maintaining the basic life of the mortgagee. Therefore, China's Property Law and Guarantee Law explicitly prohibit the use of homestead as mortgage.
17. After the villagers have sold their houses in the village, can they apply for a homestead again?
Article 62 of China's Land Management Law clearly stipulates: "If rural villagers apply for homestead after selling or renting their houses, they will not be approved." In addition, the Opinions of the Ministry of Land and Resources on Strengthening the Management of Rural Homestead also clearly stipulates: "If rural villagers sell, lease or give their original houses to others and then apply for a homestead, they shall not be approved."
18. Debris flow damaged the house. Can I apply for a homestead again?
In China, each villager can only own one homestead, which is out of the need to protect farmers' housing needs and prevent land waste. If the homestead is damaged due to natural disasters and other reasons, then the object attached to the right to use the homestead disappears, the right to use the homestead disappears, and the villagers' right to use the homestead disappears. Considering the need to protect rural housing, the villagers who lost their homesteads should be redistributed. If the homestead is not destroyed, but the houses on the homestead are destroyed, the homestead still exists, and the right to use the homestead still exists and is not lost. At this time, villagers can regain the right to use the homestead by rebuilding their houses.
However, the destruction of the homestead due to natural disasters does not mean that the villagers must have the right to apply for the homestead again. In real life, villagers may own more than two houses through inheritance, so in this case, even if one homestead is damaged due to natural disasters, it can no longer be allocated to the villagers.
19. Can a processing workshop be built on the approved homestead?
Rural residential land has the nature of welfare, and villagers use it for free. Homestead is the property belonging to the village collective, which is closely related to the basic life of the villagers and is of great significance to the villagers. The purpose of homestead setting is to ensure that villagers can have a place to live, and its purpose is to build houses. If the purpose of homestead is changed, its nature and significance will also change. According to Article 65 of China's Land Management Law, "under any of the following circumstances, the rural collective economic organizations can recover the land use right after being approved by the people's government that originally approved the land use: …… the land is not used according to the approved purpose". Therefore, if the villagers do not use the homestead according to its purpose, the homestead can be recovered.
However, repossession of the homestead is not arbitrary, and the village committee has no right to repossess the homestead at will. Reclaiming the homestead requires a series of strict procedures, and the village committee should report to the people's government that originally approved the land use, and only after the consent of the people's government can the homestead be reclaimed.
2. Can the villagers' homestead be expropriated?
the following points need to be clarified in land expropriation:
first, the subject of land expropriation must be the state, specifically, the state authorizes the people's governments at or above the county level to exercise the right of land expropriation, and land expropriation itself is an administrative act of the government with obvious administrative compulsion.
second, the purpose and premise of land expropriation is to meet the needs of national public interests, and land compensation is a necessary condition; The subject matter of expropriation can only be land owned by rural collectives.
third, the state can expropriate the homestead for the benefit of the public, which is mandatory and independent of the will of the expropriated person, but both parties can negotiate on the compensation for expropriation. Article 47 of the Land Management Law stipulates that if land is expropriated, compensation shall be given according to the original use of the expropriated land, and farmers shall be guaranteed to maintain their original living standards.
21. Can the village recover the villagers' homestead on the grounds of paying debts?
according to China's land management law