Shaoxing Rural Homestead New Deal

First, the new policy of rural homestead construction

1. Approval before building

Before building a house, you should apply to the local village Committee, and then go to the township construction office for approval after the village Committee agrees. Finally, you can only build a house if you get the property right certificate.

2. Observe one household and one room.

For rural land rights, it is clearly stipulated that the homestead is confirmed and the policy of one household and one room is implemented. Individual cases need declare in advance's approval.

3. Standard building area

There are regulations on the construction area of one household and one room. For example, for rural small farmers with less than 3 people, the housing application area shall not exceed 75 square meters; For a medium-sized rural family with four to five residents, the construction area shall not exceed 1 10 square meter. Different areas have different area requirements, and the specific requirements must be verified according to the local homestead policy.

4. Meet the building standards

Before the construction of rural homestead, it is necessary to carry out legal examination and approval, and there are requirements for area, height and land use. Rural housing layout is divided into vertical households (referring to 2-3-storey buildings) and horizontal households (4-5-storey buildings), and the height of each building shall not exceed 3.3 meters. In addition, it is forbidden to build houses in areas such as cultivated land. If you build a house without permission, you will face demolition.

5. Ensure rural hukou

The new "Regulations on Homestead Construction" clearly stipulates that farmers have the right to build homesteads. For the sale of homestead and non-rural hukou, the construction of homestead is not allowed. Children are registered in this city. After their parents die, they inherit the property on the homestead, not the homestead. The houses on the homestead cannot be rebuilt or rebuilt.

6. It is forbidden to build in seven areas.

Starting from 202 1, villagers are advised not to build houses in the following areas:

1. Permanent basic farmland protection area;

2. Areas with potential safety hazards;

3. The core area of ecological protection red line;

4. Jianghu River Reserve;

5. The road construction control area is on the side;

6. Areas requiring planning and control;

7. Power supply area in high-voltage corridor area.

Second, other relevant policies of homestead

1. You can't build a house without agricultural registered permanent residence;

2. The homestead is taxed over the area;

3. The homestead is recovered with compensation.

In addition, the sale of homestead cannot cross two red lines:

The first is not to buy and sell homestead as a starting point to obtain benefits.

Second, we can't take withdrawing from the rural homestead as a condition for settling in the city. Rural farmers who settle in cities need to withdraw from their homesteads.

In addition, the homestead shall not violate one household, one house and one permit. One house for one household means that one household can only have one homestead and build a house here. A "household" can be one person or many people, usually based on the household registration book issued by the public security department. If a family of four is registered in the household registration book, then the family of four is regarded as one household, and one household can only apply for one homestead. "One house" refers to a homestead, and a villager can only own a piece of collective construction land in the village.

Three, the legal provisions of the right to use the homestead

According to Article 362 of the Civil Law, the owner of the right to use the homestead has the right to possess and use the collectively owned land according to law and the right to use the land to build houses and ancillary facilities according to law.

Legal objectivity:

Land Management Law of the People's Republic of China

Article 62

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.