In rural areas, unmarried men can get homesteads, only daughters can get it, and families with two daughters can get it.

Each family member can apply for a homestead according to their needs. This has nothing to do with men and women. If your daughter wants a son-in-law, you can also apply. If you already have a homestead in your natal family, in principle, you are not eligible to apply in your husband's family. Homestead.

Rural Homestead Management Measures:

1. General Principles

Article 1 is to standardize and strengthen the management of rural homesteads, rationally utilize land resources, and effectively protect cultivated land. , in accordance with the "Land Management Law of the People's Republic of China", "Property Rights Law of the People's Republic of China", "Urban and Rural Planning Law of the People's Republic of China" and other laws, regulations and policies, combined with the county In practice, this method is formulated.

Article 2 The term “rural homestead land” as mentioned in these Measures refers to the collectively-owned land legally used by rural villagers or approved in accordance with the law for the construction of residences (including auxiliary buildings and courtyards, the same below).

Article 3: These measures apply to the management of rural homesteads within the administrative region of this county.

Article 4 The county land administration department shall be responsible for the management and supervision of rural homesteads within its own administrative region.

The township (town) people's government is responsible for the management and supervision of rural homesteads within its own administrative region.

Article 5 The construction of residences by rural villagers must comply with the overall land use plan of the township (town) and the urban and rural planning. Encourage natural villages to gather in central villages, downhill immigrants, and poverty alleviation communities; encourage unified construction, joint construction, and the construction of apartment-style residences, and control independent residences.

Strictly control the scale of land use, and the per capita construction land quota should comply with relevant regulations.

Strictly control the construction of houses in areas prone to geological disasters and the use of mountain slopes. If it is really unavoidable, they should be managed to meet safety requirements before construction can be carried out.

Article 6 The construction of residences by rural villagers should be combined with the renovation of old villages, land consolidation, and homestead reclamation, making full use of the original homesteads, vacant land in the village, and hills and slopes around the village, and strictly controlling Occupying cultivated land to build residences shall not be allowed to build residences within the basic farmland protection zone.

Article 7 Rural villagers who build residences (including new construction, expansion, relocation, and demolition) must go through land use approval procedures in accordance with the law. Those involving the occupation of agricultural land should go through the approval procedures for agricultural land conversion in accordance with the law; those involving transportation, forest land, water conservancy and other land use should also obtain permission or consent from the relevant departments respectively.

Article 8 The ownership of rural villagers’ homesteads belongs to the collective, and individuals only have the right to use it. No one may transfer or rent it without approval. If it is necessary to adjust the homestead site when implementing village and town planning to renovate old villages and old cities, the original homestead user shall comply.

2. Application conditions and approval procedures

Article 9: Each rural villager can only own one homestead, and the homestead area is standard (including accessory buildings and courtyard land). The maximum use of cultivated land shall not exceed 125 square meters; the maximum use of other land shall not exceed 140 square meters; and the maximum use of wasteland and waste slopes in mountainous areas shall not exceed 160 square meters.

The land area limit for homesteads is: 75m2 for a household with three or less people, 100m2 for a household with four people, 110m2 for a household with five people, and 125m2 for a household with six or more people. .

For those who use non-cultivated land, the maximum increase per level can be 15m2; for those in mountainous areas who have the conditions to use barren slopes and barren mountains to build houses, the maximum increase for each level can be 35m2.

If the area of ??old village reconstruction and downhill resettlement demolition exceeds the land limit by more than 20 m2, the land limit can be relaxed by one level.

Article 10: Calculation of the population of rural households building houses:

(1) The calculation of the population of rural households building houses shall be based on the permanent rural residence of the household. Those who have received the one-child certificate can add one person to calculate the number of people building a house;

(2) Active military personnel (excluding officers), college and technical secondary school students, and prisoners can be counted as the number of people building a house. If the spouse of an urban resident has a rural registered permanent residence and does not enjoy the housing reform policy, after verification and certification by his or her employer, the spouse can be included in the house-building population when the spouse applies for building a house;

(3) Violation of the plan If the family planning policy does not accept treatment in accordance with the law, the population building a house will not be counted.

Article 11 Calculation of homestead area:

(1) Buildings and structures are bounded by the outside of the wall, and those that are connected are bounded by the center of the wall or column;

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(2) The floor area of ??protruding balconies and stairs shall be calculated based on the vertical projection of the protruding part, but the ground floor shall not be constructed;

(3) Two or more households occupying the same building For land, the land area will be allocated according to the proportion of the building area of ??the house property rights and the total area; for alley land, half of the area will be allocated to the farmers who use the upstairs, and the rest will be the private area;

(4) Passed The purchase of commercial housing and the collective land use rights obtained through public paid transfer or collective land use rights obtained through paid transfer of collective land are not included in the housing site area.

Article 12 When children who meet the conditions for establishing a household apply for a homestead calculation limit, in addition to leaving a reasonable limit for their parents, the excess should be reasonably calculated into the children's household.

Farmers whose existing homestead area exceeds the quota should apply for a reduction in the excess area when applying for demolition and relocation of old houses according to the plan.

Article 13 If one of the following circumstances occurs, you may apply for homestead land:

(1) Relocation or reconstruction is required due to national or collective construction, immigration, disaster, etc. ;

(2) The implementation of city, village and market town planning or the reconstruction of old villages requires adjustment and demolition;

(3) The area of ??existing homestead land has not yet reached the limit standard stipulated in these Measures Those that need to be rebuilt or expanded;

(4) Those that meet the conditions for household division and the original homestead area has not yet reached the limit standards stipulated in these measures and need to be rebuilt or expanded;

(5) With the approval of the county people's government, professional and technical personnel introduced or recruited by rural collective economic organizations really need to settle down in rural areas;

(6) Retired, retired, retired employees, demobilized servicemen and overseas Chinese, their dependents, Compatriots from Hong Kong, Macao and Taiwan return to their place of origin to settle down with legal certificates;

(7) Laws, regulations and rules provide otherwise.

Article 14 If one of the following circumstances occurs, the homestead application will not be approved:

(1) If the homestead area has reached the standards of these regulations and then applies for a new homestead , except for the reconstruction of old villages for the purpose of implementing village and market town planning;

(2) Leasing, selling or transferring the homestead and its above-ground buildings in other forms (except for reasonable adjustments by households lacking housing), Or convert the residence to other uses and then apply for homestead;

(3) After applying for homestead with all family members as one household and being approved, the conditions for household division are not met or the household division is unreasonable. base;

(4) The children have already established a household and meet the conditions for household registration, and their parents apply separately for a homestead;

(5) The block or implementation plan for old village reconstruction In natural villages that are planned to be evacuated and merged, residential buildings are built on the original homesteads;

(6) Houses that are not needed for living are not demolished and the occupied homesteads are not returned to the village collective;

(7) Cases of illegal house building that have not been handled and concluded in accordance with the law;

(8) Others who do not meet the conditions for applying for house construction.

Article 15 If any of the following circumstances occurs, the land use right certificate or relevant approval documents may be canceled with the approval of the county people's government, and the village collective shall take back the right to use the homestead:

< p>(1) Construction has not started within two years from the date of approval of the homestead site (except for special circumstances);

(2) When applying for homestead site approval, the village collective promised to build new ones and demolish old ones but did not do so on its own initiative The original homestead of the old house is demolished;

(3) The original homestead of the new home (village) that has been moved to the village that has been approved to implement old village reconstruction or downhill resettlement;

< p>(4) Fraudulently obtaining approval or illegally transferring homestead land;

(5) Other circumstances in which the right to use homestead land should be recovered.

Article 16 For the construction of public facilities and public welfare undertakings in townships (towns) and villages or the implementation of city, town and village planning to transform old cities, old towns, and old villages, the land shall be recovered with approval in accordance with the law. If the land use right holder has the right to use the land, appropriate compensation will be given to the holder of the land use right; for the buildings on the ground, reasonable compensation can be given based on their actual conditions.

Article 17 To apply for a homestead, rural villagers shall submit a written application to the village committee or village collective economic organization where their permanent residence is located. After discussion and approval by the villagers committee or village collective economic organization, the application for homestead will be made. If there is no objection after the list of household heads, family size, number of rooms and area of ??the original house, area of ??application for house construction, location, etc. are published, after obtaining the rural construction planning permit or construction land planning permit, report to the township (town) people's government The project shall be reviewed by the county land administration department and approved by the county people's government, and the approval results shall be announced by the village committee.

Article 18 If employees, military personnel and other personnel who have been approved to return to their hometowns to settle down apply for building a residence, they must hold a certificate of no housing issued by the original unit or the people's government of the township (town) where the original residence is located. , and only after obtaining the consent of the village committee or village collective economic organization where the household registration is located, can one apply to build a house, and the standard of the homestead area will be treated the same as that of the villagers.

If overseas Chinese, compatriots from Taiwan, Hong Kong and Macao, and foreign Chinese who have been approved to return to their hometowns to settle down apply for building a house, they must obtain the consent of the village committee or village collective economic organization where the household registration is located before they can apply to build a house. Their homestead site The area can be implemented in accordance with the standards in Article 9 of these Measures.

Article 19 When rural villagers build residences, they must strictly comply with the approved homestead area, planned number of floors, height and quality standards. The people's governments of all townships (towns) and villages should strengthen the supervision and management of farmers' house building process. County land administration departments must be present at the three stages of review, stakeout and acceptance of farmers' houses.

Article 20 The homestead land acquired by individuals for building residential buildings in accordance with the law shall be registered for land use rights in accordance with relevant regulations. Farmers must apply for land registration to the county land administration department and receive a collective land use certificate within 30 days after passing the acceptance inspection of the completed house.

If the land use rights are transferred due to the legal transfer of buildings, structures and other attachments on the ground, and the land use rights are changed in accordance with the law, apply to the county land administration department for registration of change of land use rights within 30 days after the contract takes effect.

3. Supervision and Management

Article 21 If rural villagers illegally occupy land to build residences without approval or use deceptive means to obtain approval, the land administration department of the people's government at or above the county level shall The competent authorities ordered the illegally occupied land to be returned and demolished the newly built houses on the illegally occupied land within a time limit.

Exceeding the standards stipulated in these Measures and occupying excess land shall be punished as illegal land occupation.

Article 22 The county land administration department shall order those who illegally occupy land or occupy more land than the approved area to build residential buildings; those who refuse to stop or continue construction shall have the right to Demolish some buildings and other facilities that continue to be constructed illegally, and tools, equipment, construction materials, etc. used for construction can be seized or temporarily detained. The people's governments of various townships (towns) and relevant departments will provide assistance and cooperation.

Article 23 If the rural construction planning permit is not obtained in accordance with the law or construction is not carried out in accordance with the provisions of the rural construction planning permit within the township or village planning area, the township or town people's government shall order the construction to stop. , Make corrections within a time limit; if corrections are not made within the time limit, they may be dismantled.

Article 24 Anyone who violates the provisions of Article 15 of these Measures shall be ordered by the county land administration department to return the land use rights within a time limit. If the person still fails to return the land use rights within the time limit, apply to the People's Court for enforcement.

Article 25: Anyone who violates the provisions of Article 20 of these Measures and fails to register land use rights in a timely manner shall be ordered by the county land administration department to complete the registration within a time limit; if the registration is not completed within the time limit, a warning shall be given and the person may be fined. A fine of not more than 2,000 yuan shall be imposed. Those who fail to register changes in land use rights in a timely manner will be ordered by the county land administration department to do so within a time limit; those who fail to do so within the time limit will be given a warning and a fine of not less than 10 yuan but not more than 20 yuan per square meter may be imposed.

Article 26: Anyone who obstructs, interferes with or hinders staff members from performing official duties in accordance with the law shall be punished in accordance with the relevant provisions of the "Public Security Administration Punishment Law of the People's Republic of China"; if it constitutes a crime, he shall be transferred to the judiciary. The authorities will pursue criminal responsibility in accordance with the law.

Article 27 If any staff member of the county land administration department neglects his or her duties, abuses his power, or engages in malpractice for personal gain, he shall be given administrative sanctions in accordance with the law; if a crime is constituted, he shall be held criminally responsible in accordance with the law.