New rules of homestead confirmation policy in 2022

First, the new policy of rural homestead confirmation in 2022

First, the child's household registration is no longer a member of the village collective.

Second, the homestead has been idle for a long time or the house has been in disrepair for a long time, so its children cannot inherit it.

Third, the illegally used homestead will be forcibly recovered and cannot be inherited.

Fourth, children have their own living places independently and live separately from their parents for a long time.

Fifth, the part beyond the standard use area of the homestead cannot be inherited.

legal ground

land management law

Article 9

Land in urban areas belongs to the state. Land in rural areas and suburban areas belongs to farmers' collectives, except for those that are owned by the state according to the law; Homestead, private plots and private hills are collectively owned by farmers.

Article 10

State-owned land and land collectively owned by farmers can be determined for use by units or individuals according to law. Units and individuals that use land have the obligation to protect, manage and rationally use land.

Notice of the Central Rural Work Leading Group Office and the Ministry of Agriculture and Rural Affairs on Further Strengthening the Management of Rural Homestead; Homestead is a collective construction land used by rural villagers to build houses and their ancillary facilities, including houses, ancillary buildings and courtyards. Rural villagers can only own one homestead, and the area shall not exceed the standards set by provinces, autonomous regions and municipalities directly under the central government. Rural villagers should build houses in strict accordance with the approved area and building standards, and it is forbidden to build houses without permission or occupy homesteads over an area. Approved to build houses, in strict accordance with the requirements of "building new houses and demolishing old ones", the original homestead will be returned to the village collective. After the rural villagers sell, rent or donate their houses, they will not be approved if they apply for the homestead again. Problems such as excessive homestead area and "one household with multiple houses" formed in history should be identified and disposed of in accordance with relevant policies and regulations. In areas where per capita land is small and it is impossible to ensure that a household has a homestead, the people's government at the county level can take measures to ensure that rural villagers live in the homestead on the basis of fully respecting the wishes of farmers and in accordance with the standards stipulated by provinces, autonomous regions and municipalities directly under the Central Government. Measures for the Administration of Rural Homestead Article 9 Rural villagers can only own one homestead. The area standard of homestead (including ancillary buildings and courtyard land) shall not exceed1.25m2.. Other land shall not exceed140m2; Conditional use of mountainous wasteland, barren slopes, not more than 160 square meters. The land area of homestead is limited to 75m2 for farmers with three or less people, 4-person farmers 100m2 and 5-person farmers 1 10m2; Farmers with 6 or more people are within125m2. If non-cultivated land is used, the maximum increase of each file can be15m2; Where there are conditions to use barren slopes and barren hills to build houses in mountainous areas, each file can be increased by up to 35㎡. The implementation of the transformation of old villages, down the mountain resettlement demolition area beyond the land quota of more than 20m2, can relax a level of land quota.

Second, the determination criteria of rural homestead rights

There are standardized procedures for handling the property right certificate of homestead houses, which need to be carried out according to the following steps:

(1) Conditions for rural residents to apply for homestead Rural residents must meet the following conditions when applying for homestead: First, rural residents must be at least 18 years old, which meets the conditions of separation of households; Second, the building of rural residents must conform to the overall land use planning, the annual land use plan and the urban construction plan; The third is the rural residents' housing quota standard. The quota area for using the original homestead and the village land is180m2, and the quota area for using agricultural land is140m2; Fourth, rural residents must "one household, one house"; Fifth, if rural villagers rent or sell the original homestead and then apply for homestead, they will not be approved; Sixth, non-farmers and other personnel are prohibited from buying homesteads in the village.

(two) the principles that farmers should follow in building houses. Rural residents should use the original homestead and village homestead when building houses. Those who can use inferior land should not occupy good land, those who can occupy wasteland should not occupy cultivated land, and those who use state-owned land must go through the transfer procedures.

New examination and approval procedures for farmers to apply for building land.

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 (15 working days);

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 announcement expires without objection, land users who meet the conditions of "one household, one base" shall be reported to the Township People's Government for examination and approval in accordance with the regulations, and then to the County People's Government for examination and approval (if agricultural land is occupied, it shall be reported to the municipal government for examination and approval procedures for agricultural land conversion in accordance with the regulations).

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 ("one book and two certificates").

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.

7, the villagers with land use permits and planning permits to apply for housing ownership certificates.

Three, the scope of confirmation of rural homestead

According to "Several Provisions on Determining Land Ownership and Use Right", the right to use homestead is mainly determined according to the following principles:

1,1In February, 1982, before the State Council issued the Regulations on the Management of Rural Homestead, the homestead occupied by rural residents exceeded the area specified by the local government. After the implementation of the Regulations on the Management of Rural Homestead, the right to use collective land construction can be temporarily determined according to the existing actual use area.

2.1February, 1982, the Regulations on the Management of Rural Construction Land was promulgated. From the effective date of the Land Management Law in June, 65438 +09871October, if the area of rural residents' housing land exceeds the standard set by the local government, the excess will be determined by the central government and the State Council in March, 1986.

3. For rural residents who meet the local government's household building regulations but have not yet been divided into households, if their existing homestead does not exceed the total area standard of household building land, the right to use collective land construction can be determined according to the existing homestead area.

4, non agricultural registered permanent residence residents in the rural homestead, housing property rights have not changed, you can determine the right to use construction land on collective land according to law. If the house is demolished and rebuilt without approval, the land use right shall be recovered by the collective.

5, accept the transfer, purchase of homestead building, and the total area of the original homestead exceeds the standards prescribed by the local government, in accordance with the relevant provisions to allow the continued use, can temporarily determine the collective land construction land use rights.

6. The right to use collective land construction can be determined by inheriting the homestead obtained by the house.

7. If the area of the homestead determined in accordance with the provisions of ownership confirmation exceeds the standard set by the local government, the number exceeding the standard area can be indicated on the land registration card and land certificate, and the right to use can be re-determined according to the area standard set by the local government when building a house alone or when the existing house is demolished, rebuilt, renovated or rebuilt by the government according to law.

8. If the property rights of overseas Chinese in rural homesteads and houses have not changed, the right to use construction land on collective land can be determined according to law. If the house is demolished and rebuilt without approval, the land use right shall be recovered by the collective.

9, idle or houses collapsed, demolition for more than two years did not resume the use of homestead, land use rights are uncertain. If the right to use has been determined, it shall be reported by the collective to the people's government at the county level for approval, and its land registration shall be cancelled, and the land shall be recovered by the collective.

The above is the relevant content of the scope of confirmation of rural homestead, please refer to it.

Notice of the Central Rural Work Leading Group Office and the Ministry of Agriculture and Rural Affairs on Further Strengthening the Management of Rural Homestead; Homestead is a collective construction land used by rural villagers to build houses and their ancillary facilities, including houses, ancillary buildings and courtyards. Rural villagers can only own one homestead, and the area shall not exceed the standards set by provinces, autonomous regions and municipalities directly under the central government. Rural villagers should build houses in strict accordance with the approved area and building standards, and it is forbidden to build houses without permission or occupy homesteads over an area. Approved to build houses, in strict accordance with the requirements of "building new houses and demolishing old ones", the original homestead will be returned to the village collective. After the rural villagers sell, rent or donate their houses, they will not be approved if they apply for the homestead again. Problems such as excessive homestead area and "one household with multiple houses" formed in history should be identified and disposed of in accordance with relevant policies and regulations. In areas where per capita land is small and it is impossible to ensure that a household has a homestead, the people's government at the county level can take measures to ensure that rural villagers live in the homestead on the basis of fully respecting the wishes of farmers and in accordance with the standards stipulated by provinces, autonomous regions and municipalities directly under the Central Government. Measures for the Administration of Rural Homestead Article 9 Rural villagers can only own one homestead. The area standard of homestead (including ancillary buildings and courtyard land) shall not exceed1.25m2.. Other land shall not exceed140m2; Conditional use of mountainous wasteland, barren slopes, not more than 160 square meters. The land area of homestead is limited to 75m2 for farmers with three or less people, 4-person farmers 100m2 and 5-person farmers 1 10m2; Farmers with 6 or more people are within125m2. If non-cultivated land is used, the maximum increase of each file can be15m2; Where there are conditions to use barren slopes and barren hills to build houses in mountainous areas, each file can be increased by up to 35㎡. The implementation of the transformation of old villages, down the mountain resettlement demolition area beyond the land quota of more than 20m2, can relax a level of land quota.