Can rural hukou apply for a new homestead?

1. Can I still apply for a homestead if I have land after my household registration?

According to Article 40 of the Detailed Rules for the Implementation of the Provisional Regulations on the Registration of Real Estate, those who have obtained the right to use the homestead according to law may apply for the registration of the right to use the homestead separately. Those who use the homestead to build houses and ancillary facilities according to law may apply for the registration of the right to use the homestead and the ownership of the house.

1. The so-called rural homestead refers to the land used by rural villagers to build houses (including houses, kitchens, animal pens, toilets, courtyards, etc.). ) legally approved.

2. The homestead belongs to the collective, and the rural villagers only have the right to use it. The right to use the homestead is protected by law, and no unit or individual may occupy, buy or sell it or illegally transfer it in other forms.

3. The new and old rural homestead shall be registered by the land administration department of the people's government at the county level, and the people's government at the county level shall issue the certificate of collective construction land use right, and pay the land use registration fee according to the provisions of the state to confirm the right to use.

4, rural villagers can only have one homestead per household, rural villagers to apply for homestead must meet one of the following circumstances:

(1) The existing houses affect the construction planning of townships (towns) and villages and need to be relocated and rebuilt;

(2) Rural villagers need to set up another portal except one child left behind, and the existing homestead is lower than the household standard;

(3) with the approval of the competent department, the farmers who moved in from other places have no housing;

(4) technical personnel recruited by collective organizations are required to settle in the local area and their household registration has moved in;

(five) retired cadres and workers, retired soldiers, overseas Chinese and their relatives, Hong Kong, Macao and Taiwan compatriots, with legal documents to return to their places of origin, no homestead need to build a house.

5. In any of the following circumstances, no homestead shall be arranged.

(1) Apply for homestead after selling, renting or illegally transferring the existing residence in other forms;

(2) A family with 1 child (female) has more than 1 homestead (including1);

(3) the account has moved out and does not live in the local area;

(4) Those who are under the age of 18 and do not have the household conditions;

(5) although living in rural areas, but the household registration has not moved to the local area;

(6) other provisions shall not be allowed to build houses and arrange homestead.

6. If rural villagers need to use homestead for building houses, they shall submit a written application to the villagers' committee, and the villagers' committee shall publish the list of heads of households applying for homestead, the area and location, listen to the opinions of the masses, publish the list of heads of households after examination and approval, and report it to the Township People's Government for examination and approval.

7, rural homestead approval procedures:

(1) application.

The applicant shall submit a written application for land use to the local villagers' committee with the application materials. The village committee shall review the application materials on a quarterly basis, convene the villagers' committee or villagers' congress for deliberation in accordance with the law, and post them. Since the date of posting 15 working days, the villagers have not raised any objection or the objection is not established, and it shall be reported to the township land and resources institute for preliminary examination.

(2) Field investigation.

The township (town) people's government shall organize the land and resources institute to conduct on-site investigation and mass investigation, review the construction land and the application conditions for construction land, and make exploration records and review opinions.

(3) Fill in the application form.

After passing the preliminary examination, the Land and Resources Institute issued the Application Form for Rural Villagers' Residential Land and Construction.

(4) Audit by the village committee.

The village committee shall examine and sign the Application Form for Rural Villagers' Residential Land and Construction submitted by the applicant, and prove the applicant's original residential land and the current living conditions of family members. After being signed by the person in charge and stamped with the official seal of the village committee, it shall be submitted to the township (town) people's government for examination.

(5) Review and report.

The township (town) people's government shall, after receiving the application materials for residential construction land reported by the village committee, complete the examination and determine the planned land use scope on the spot, and report it to the county land and resources bureau for preliminary examination. The county land and resources bureau shall examine and approve the qualified people's government at the county level.

(6) examination and approval.

If the county people's government approves the use of land, the county land and resources bureau shall issue a letter of approval for construction land.

(7) lofting.

Led by land and resources, the township government personnel will go to the site for lofting according to the approval of construction land and the planning permit of village and town construction projects, delimit the scope, fill in the lofting record card, and the personnel participating in lofting will sign the lofting record card. After lofting, the land applicant can start construction.

(8) Acceptance and certification.

New construction, renovation and expansion of rural villagers' houses shall, within 30 working days from the date of completion and acceptance of the houses, apply for initial registration of land or registration of change and registration of house property rights according to law, and obtain land use right certificates and house ownership certificates.

Second, how to cancel the homestead land certificate

The cancellation process of homestead land certificate is as follows:

1. Take the form from the national tax first: after filling it out, signing, stamping, paying the invoice and paying taxes, it will take back the national tax registration certificate and give you a notice of cancellation of national tax registration.

2. Take the notice of cancellation of tax registration of national tax and the form from local tax. After paying the tax, it will take back the tax registration certificate of local tax and give you a notice of cancellation of tax registration of local tax.

3. Take two notices and cancel the bank account. Land certificate is the legal basis for land owners or land users to enjoy land ownership or use rights. Land certificate is a legal document that the landowner enjoys the right to use the land according to law. A house must have a house ownership certificate and a land use certificate, and only when the two certificates are complete can it be considered as a complete right. Units and individuals who have obtained the right to use state-owned land according to law may apply to the land authorities for land certificates.

Third, how to deal with disputes over the transfer of homestead

1, the agreement depends on the specific signing object.

The validity of the homestead transfer agreement depends on the specific signing object. If the homestead is circulated among members of the collective economic organization, then the agreement is effective; If the right to use the homestead is transferred to someone other than the collective economic organization without the consent of the collective economic organization, it is invalid. Because according to the provisions of the land management law, the homestead belongs to the collective economic organization, and in order to meet the living and living needs of the members of this collective economic organization, it cannot be circulated like the members outside this collective economic organization.

2. The legal consequence of invalid agreement is restitution.

According to the provisions of the contract law, the legal consequence of an invalid agreement is to return compensation, but because it is related to the basic right of residence and survival of the parties, it is not conducive to solving the problem, so Shanghai has adopted a flexible approach. If the house has not been delivered for use, it will return compensation; If the house has been delivered to the buyer for residential use, it shall be handled in the principle of respecting and maintaining the status quo, and the claim of the property owner asking the buyer to move out shall be rejected.

3. What should I do if I encounter demolition?

In case of demolition after the signing and performance of the homestead transfer agreement, the court can directly handle the dispute between the two parties by judging the ownership of the demolition funds. If the buyer is a collective economic organization, all the relocation funds shall be owned by the buyer. If the purchaser is not a member of the collective economic organization, or even an urban hukou, it will be handled according to the principle of "37-37" in the process of relocation fund allocation.

To sum up, if there is still land after household division, whether you can apply for homestead depends on whether you meet the conditions stipulated in the above laws.

Legal objectivity:

Article 13 of the Measures for the Administration of Rural Homestead may apply for a homestead under any of the following circumstances: (1) It needs to be relocated or rebuilt due to national or collective construction, relocation or disaster; (two) the implementation of city, village and market town planning or the transformation of old villages, the need to adjust the demolition; (three) the existing homestead area has not yet reached the quota standard stipulated in these measures and needs to be rebuilt or expanded; (four) with household conditions and the original homestead area has not yet reached the limit standard stipulated in these measures, which needs to be rebuilt or expanded; (five) with the approval of the county people's government, the professional and technical personnel introduced or recruited by rural collective economic organizations really need to settle in rural areas; (six) retired workers, demobilized soldiers and overseas Chinese, their relatives, Hong Kong, Macao and Taiwan compatriots with legal documents to return to their original places to settle down; (seven) as otherwise provided by laws, regulations and rules. Article 14 of the Measures for the Administration of Rural Homestead shall not be approved under any of the following circumstances: (1) Apply for a new homestead after the area of the homestead reaches the standards stipulated in these Provisions, except for the transformation of old villages for the implementation of village and market town planning; (2) Renting, selling or transferring the homestead and the above-ground buildings in other forms (except for the unreasonable adjustment due to the lack of housing users), or applying for the homestead after converting the house into other uses; (three) all family members as a family to apply for homestead and get approval, do not have the conditions of household or unreasonable household to apply for homestead; (four) the children have set up a household and meet the conditions for setting up a household, and the parents apply for a homestead separately; (five) the implementation of the transformation of old villages or the implementation of planned natural village merger, building on the original homestead; (six) houses that do not need to live are not demolished, and the homestead is not returned to the village collective; (seven) illegal housing is not dealt with according to law; (eight) other do not meet the conditions of building.