Distribution of Homestead in Sihuang Village, Huanggang Town

Legal analysis: In some places, the approved area of homestead is calculated by population, and the application area varies with the population in a family. For example, the per capita homestead area in Sichuan and Chongqing is 20-30_. The advantage of this distribution method is to avoid the waste of homestead, let everyone have a place to live, solve the problem of scarcity of homestead and avoid the difficulty of separation of people and households. However, if the areas are different and the building construction is scattered, it is difficult to form a unified distribution model. For Hebei, Shandong, Anhui, Jiangsu and other areas with many plains, it is not illegal to directly give the highest use standard of homestead, as long as it is within the standard. For example, in Anhui, the maximum occupancy standard of homestead is 160_, in Jiangxi 180_, in Jiangsu 135_, and in Henan 134_. In short, each province is different, as long as the homestead area is within the prescribed scope.

Legal basis: Land Administration Law of the People's Republic of China

Article 1 This Law is formulated in accordance with the Constitution in order to strengthen land management, safeguard socialist public ownership of land, protect and develop land resources, make rational use of land, effectively protect cultivated land and promote the sustainable development of social economy.

Article 2 People's Republic of China (PRC) implements socialist public ownership of land, that is, ownership by the whole people and collective ownership by working people. Ownership by the whole people, that is, land ownership owned by the state is exercised by the State Council on behalf of the state. No unit may occupy, buy or sell or illegally transfer land in other forms. Land use rights can be transferred according to law. According to the needs of public interests, the state may expropriate or requisition land according to law and make compensation. The state practices the system of paid use of state-owned land according to law. However, unless the state allocates the right to use state-owned land within the scope prescribed by law.

Article 3 It is a basic national policy of our country to cherish and make rational use of land and effectively protect cultivated land. People's governments at all levels shall take measures to comprehensively plan, strictly manage, protect and develop land resources and stop illegal occupation of land.

Article 4 The State practices a land use control system. The state formulates the overall land use planning, defines the land use, and divides the land into agricultural land, construction land and unused land. Strictly restrict the conversion of agricultural land into construction land, control the total amount of construction land, and implement special protection for cultivated land.