Regulations on confirmation of rural housing land rights

Legal analysis: Farmers who are not part of the farmers’ collective must be relocated due to centralized relocation due to geological disaster prevention and control, new rural construction, resettlement, etc., and on the premise of complying with local planning, with the consent of the majority of the members of the farmers’ collective, and If the building of a house in another place is approved by the competent authority, the title can be confirmed, registered and issued according to regulations; for a homestead without proof of the source of ownership, the historical use and current situation of the land should be ascertained, and the village committee will issue a certificate and announce that there will be no land use within 30 days. If the objection is reviewed by the township (town) people's government and submitted to the county-level people's government for approval, if it is a legal use, the right to use the homestead will be determined.

Legal basis: "Land Management Law of the People's Republic of China" Article 62 A rural villager can only own one homestead, and the area of ??its homesite shall not exceed the area of ??the province, autonomous region, Standards set by municipalities. In areas where per capita land is small and it is impossible to guarantee one household to own a homestead, the people's government at the county level, on the basis of fully respecting the wishes of rural villagers, can take measures to ensure that rural villagers achieve household ownership in accordance with the standards stipulated by the province, autonomous region, and municipality directly under the Central Government. Residence. When rural residents build residences, they should comply with the overall township (town) land use plan and village plan. They should not occupy permanent basic farmland, and try to use the original homestead and vacant land in the village. The preparation of overall township (town) land use plans and village plans should coordinate and rationally arrange homestead land to improve the living environment and conditions of rural villagers. The residential land for rural villagers shall be reviewed and approved by the township (town) people's government; if it involves the occupation of agricultural land, the approval procedures shall be handled in accordance with the provisions of Article 44 of this Law. If rural villagers apply for homestead after selling, renting or donating their houses, they will not be approved. The state allows rural villagers who have settled in cities to voluntarily quit their homestead sites with payment in accordance with the law, and encourages rural collective economic organizations and their members to make full use of idle homestead sites and idle residences. The department of agriculture and rural affairs of the State Council is responsible for the reform and management of rural homesteads nationwide.