If the residential area exceeds the specified area, can the part exceeding the area be confirmed?

The Notice of the Ministry of Land and Resources on Further Accelerating the Registration and Certification of Homestead and Collective Construction Land (Guo Tu Zi Fa [20 16] 19 1) stipulates that the problem of over-area of homestead shall be dealt with in stages according to law. Members of peasant collectives who have been approved to build houses and occupy homesteads shall register in accordance with the approved area. Failing to fulfill the examination and approval procedures for building houses and occupying homesteads, it shall be handled in accordance with the following provisions:

1982 before the implementation of the regulations on the management of rural construction land, the scope of homestead occupied by farmers' collective members for building houses has not been expanded since the implementation of the regulations on the management of rural construction land, and thereafter, whether it exceeds the local area standard or not, it is registered according to the actual use area.

From the implementation of 1982 "Regulations on the Management of Rural Construction Land" to the implementation of 1987 "Land Management Law", if the homestead occupied by farmers' collective members exceeds the local area standard, the excess area shall be registered according to the results of relevant national and local regulations.

1987 after the implementation of the land management law, if the homestead occupied by farmers' collective members conforms to the planning but exceeds the local area standard, after completing the relevant land use procedures, the standard area shall be registered according to law, and the over-occupied area shall be indicated in the supplementary column of the register and the ownership certificate.

If the homestead occupied by a house that has been transferred or donated in history exceeds the local area standard, it shall be registered as a right in accordance with the policy that the homestead exceeds the area standard at the time of transfer or donation.