Measures of Guangdong Province on the Administration of Rural Homestead

Measures of Guangdong Province on the Administration of Rural Homestead

In order to standardize and strengthen the management of rural residential land, rationally utilize land resources and effectively protect cultivated land, according to the Land Administration Law of the People's Republic of China, the Property Law of People's Republic of China (PRC), the Urban and Rural Planning Law of People's Republic of China (PRC), the Measures of Zhejiang Province for Implementing the Land Administration Law of the People's Republic of China and other laws, regulations and policies,

The term "rural homestead" as mentioned in these Measures refers to the collectively owned land legally used by rural villagers or approved for building houses (including attached houses and courtyards, the same below).

These Measures shall apply to the management of rural homestead within the administrative area of this county.

County land administrative departments shall be responsible for the management and supervision of rural homestead within their respective administrative areas.

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

Rural villagers' building must conform to the overall land use planning and urban and rural planning of townships (towns). Encourage natural villages to move to the central village, move down the mountain and gather in poor communities; Encourage unified construction, joint construction and allocation of apartments, and control independent houses.

Strictly control the scale of land use, and the per capita construction land index conforms to relevant regulations.

Strictly control the areas prone to geological disasters and use hillside to build houses. If it is really unavoidable, we should try to meet the safety requirements before construction.

Rural villagers' housing construction should be combined with the transformation of old villages, land consolidation and homestead reclamation, make full use of the original homestead, the land in Neixiang and the hilly slopes around the village, strictly control the occupation of cultivated land for building houses, and not build houses in basic farmland protection areas.

Rural villagers building (including new construction, expansion, relocation and demolition) shall go through the formalities for examination and approval of land use according to law. Involving the occupation of agricultural land, it shall go through the examination and approval procedures for the conversion of agricultural land according to law; Involving transportation, forest land, water conservancy and other land, it should also obtain the permission or consent of the relevant departments.

The ownership of rural villagers' homestead belongs to the collective, and individuals only have the right to use it. No one may transfer or lease it without approval. If it is necessary to adjust the homestead for the transformation of old villages and old cities due to the implementation of town planning, the users of the original homestead shall obey.

Legal basis:

Measures of Guangdong Province on the Administration of Rural Homestead

Ninth rural villagers can only own a homestead, homestead area standards (including ancillary buildings, courtyard land), the maximum shall not exceed cultivated land 125 square meters; 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 20 m2, can relax a level of land quota.

Tenth housing farmers population calculation:

(a) the calculation of the housing population is based on the rural permanent residence of the household. Has received the one-child certificate, can increase one person to calculate the housing population;

(2) Servicemen (excluding officers), college students and prisoners can calculate the housing population. If the spouse of an urban resident is a rural hukou and does not enjoy the housing reform policy, it can be included in the housing population when his spouse applies for housing construction after verification and certification by his unit;

(three) in violation of the provisions of the family planning policy has not been dealt with according to law, do not calculate the housing population.

Eleventh homestead area calculation:

(a) buildings and structures are bounded by external walls, and splicing is bounded by walls or columns;

(2) Balcony and stairs, etc. Pick out, according to the vertical projection of the protruding part, but not to build the bottom;

(three) two or more households use the same plot, according to the proportion of the construction area and the total area of housing property rights; The land in the alley uses half of the area shared by the farmers upstairs, and the rest is the area of * * *;

(four) through the purchase of commercial housing and public paid transfer to obtain the right to use state-owned land or collective land paid transfer to obtain the right to use collective land is not included in the homestead area.

Twelfth children who meet the conditions of building a household apply for the calculation limit of homestead. In addition to leaving a reasonable limit, parents should reasonably calculate the excess to their children's households.

Farmers whose existing homestead area exceeds the limit shall reduce the excess when applying for the demolition of old houses according to the plan.

Thirteenth in any of the following circumstances, you can apply for homestead:

(a) because of national or collective construction, migration, disasters and other needs to relocate and rebuild;

(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.