Homestead Management System and Policies

Legal analysis: rural villagers can only own one residence base per household, and the area of their residence base shall not exceed the standards set by the province, autonomous region or municipality directly under the central government. Per capita land is small, can not guarantee that a household has a residence, the people's government at the county level in full respect for the wishes of rural villagers on the basis of measures to ensure that rural villagers in accordance with the standards set by the province, autonomous regions and municipalities directly under the Central Government to realize the residence of the household. Rural villagers who build residences shall conform to the overall land-use plan and village plan of the township (township), shall not occupy permanent basic farmland, and shall try to use the original residence bases and vacant land within the village. The preparation of township (township) land-use master plans and village plans should integrate and rationalize the arrangement of land for residential sites, and improve the living environment and conditions for rural villagers. Residential land for rural villagers shall be examined and approved by the people's governments of the townships (towns); among them, if it involves the occupation of agricultural land, the approval procedures shall be carried out in accordance with the provisions of Article 44 of this Law. Rural villagers who apply for residential land after selling, renting or gifting their homes are not authorized to do so. The State permits rural villagers who have settled in cities to voluntarily withdraw from homesteads in accordance with the law and with compensation, and encourages rural collective economic organizations and their members to make active use of unused homesteads and unused dwellings. The competent agricultural and rural departments of the State Council are responsible for work relating to the reform and management of rural residential bases throughout the country.

Legal basis: The Land Management Law of the People's Republic of China Article 62 Rural villagers may only own one residence base per household, and the area of their residence base may not exceed the standards set by the province, autonomous region, or municipality directly under the central government. In areas where per capita land is scarce and where it is not possible to guarantee one homestead per household, the people's governments at the county level may, on the basis of full respect for the wishes of the rural villagers, take measures to ensure that the rural villagers have a dwelling place in accordance with the standards laid down by the province, autonomous region, or municipality directly under the Central Government. Rural villagers who build residences shall conform to the overall land-use plan and village plan of the township (township), shall not occupy permanent basic farmland, and shall try to use the original residence bases and vacant land within the village. The preparation of township (township) land-use master plans and village plans should integrate and rationalize the arrangement of land for residential sites, and improve the living environment and conditions for rural villagers. Residential land for rural villagers shall be examined and approved by the people's governments of the townships (towns); of these, if it involves the occupation of agricultural land, the approval procedures shall be carried out in accordance with the provisions of Article 44 of this Law. Rural villagers who apply for residential land after selling, renting or gifting their homes are not authorized to do so. The State permits rural villagers who have settled in cities to voluntarily withdraw from homesteads in accordance with the law and with compensation, and encourages rural collective economic organizations and their members to make active use of unused homesteads and unused dwellings. The competent department of agriculture and rural areas under the State Council is responsible for the reform and management of rural residential bases across the country.