Each household is limited to one rural homestead site in Sanya, and the land area must not exceed 175 square meters.

The reporter learned from the Sanya Municipal People's Government website that recently, the "Sanya City Rural Homestead Management Measures" had been reviewed and approved at the 96th meeting of the 7th Municipal Party Committee Standing Committee and the 36th executive meeting of the 7th Municipal Government. and issued for implementation.

According to the "Sanya City Rural Homestead Management Measures", one rural villager household can only own one homestead, the land area of ??each household must not exceed 175 square meters, and the building area must not exceed 367 square meters. Rural villagers Applying to build a house on a homestead site should comply with the "Sanya City Village Construction Management Measures" and other relevant regulations. The details are as follows↓↓↓

Sanya City’s Rural Homestead Management Measures?

Chapter 1 General Principles?

Article 1 is to standardize and strengthen rural homestead management , rationally utilize land and effectively protect cultivated land. In accordance with the provisions of laws and regulations such as the "Land Management Law of the People's Republic of China", "Hainan Special Economic Zone Land Management Regulations", "Interim Regulations on Real Estate Registration" and other laws and regulations, and in light of the actual situation of this city, this document is formulated way. ?

Article 2 The term “rural homestead land” as mentioned in these Measures refers to the collectively-owned land used by individual rural villagers to build residences upon approval, but does not include land occupied by courtyard land and production buildings. ?

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

Article 4 The municipal land administration department shall be responsible for the supervision and guidance of rural homestead management within the municipal administrative region. The people's governments of each district are responsible for the specific management and supervision of rural homesteads within their respective administrative regions. ?

Article 5 Rural village planning should be scientifically prepared on the basis of the urban overall plan and the overall land use plan in accordance with the principles of conducive to production, convenient life, reasonable layout, and economical land use, and clearly delineate rural residential areas. The scope of bases and other types of land. ?

Rural village planning shall be prepared by the municipal planning administrative department in conjunction with the district people's government, and shall be implemented after being submitted to the municipal people's government for approval. Rural village planning should delineate village boundaries and village residential areas, and villagers' homesteads should be arranged within the village. ?

Encourage natural villages to gather in central villages; encourage unified construction, joint construction and the construction of apartment-style residences. ?

Article 6 The construction of residences by rural villagers should be combined with the renovation of old villages and land consolidation, and the original homesteads and vacant land in the village should be used as much as possible. Strictly control the occupation of agricultural land, and it is prohibited to occupy cultivated land, and it is prohibited to occupy land in basic farmland protection areas. ?

The private land and contracted land of rural villagers can only be used for agricultural planting. It is prohibited to change the use of the land without authorization for building houses, taking soil and other behaviors that damage the planting conditions. ?

Article 7 When rural villagers build residences, they shall obtain the right to use the homestead according to law. Rural homesteads are collectively owned, and rural villagers only have the right to use them. ?

Article 8 Disputes over the right to use homestead land shall be resolved through negotiation between the parties. If the negotiation fails, it shall be discussed and settled by the collective meeting of the village (resident) committee. If the party concerned is dissatisfied with the decision, the decision shall be made by the district people's government. . If the party concerned is dissatisfied with the ruling, he or she may apply to the Municipal People's Government for reconsideration within 60 days from the date of delivery of the ruling. ?

No party may change the status quo of land use before the dispute over homestead use rights is resolved. ?

Chapter 2 Rural Homestead Standards?

Article 9 A rural villager can only own one homestead, and the land area of ??each household must not exceed 175 square meters. The building area It shall not exceed 367 square meters. When rural villagers apply to build houses on homesteads, they must comply with the "Sanya City Village Construction Management Measures" and other relevant regulations. ?

Article 10 The determination of "household" shall in principle be subject to the household registration registration of the public security department. The natural household of a member of a collective economic organization who has a permanent residence in the village, obtains membership status of the collective economic organization, enjoys the distribution of collective assets, and performs the obligations of collective members is one household. It is generally composed of family members such as the head of the household, spouse, children, parents, etc. ?

(1) Except for one child left by a rural villager, if other adult children are married, the family will be determined as one household; ?

(2) Aged over 30 years old (including 30 years old), unmarried and living alone in separate households, can be determined as one household; ?

(3) If both husband and wife register in separate household registration books, only one party can be selected as the head of the household and determined as one household. household. ?

Article 11 defines the principles that “members of rural collective economic organizations” should follow. ?

(1) Persons who meet the following conditions shall be defined as members of rural collective economic organizations. ?

1. Rural residents who are members of the original collective economic organization whose household registration is in the local village (neighborhood) committee or group, and who have lived and worked in the village or group for a long time; ?

2. Members who have rights and obligations with members of this collective economic organization due to legal relationships such as marriage, blood relationship, adoption, etc. with members of this collective economic organization. ?

(2) Definition of membership qualifications of special personnel in rural collective economic organizations.

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1. Employees and retirees of party and government agencies, public institutions, state-owned enterprises whose origins are rural collective economic organizations should not be deemed to have membership status of rural collective economic organizations; ?

2. Unregistered households and registered households transferred from other places should not be recognized as members of rural collective economic organizations; ?

3. Divorced women and divorced women who remarry should be regarded as The qualification of members of rural collective economic organizations is determined as a condition of household registration; ?

4. Those who have gone out to study, served in the military, or served a sentence, but have not moved out of their household registration, and have returned to the village where their household registration is, their rural collective economic organizations Membership needs to be re-affirmed by the village committee. ?

(3) For special persons other than those listed above, their membership in rural collective economic organizations shall be recognized by the district people’s government. ?

Article 12 Rural collective economic organizations may designate courtyard economic land for rural villagers based on village planning when demarcating homesteads. The area of ??courtyard economic land generally shall not exceed the approved homestead area. ?

Cardyard economic land can only be used to grow garden cash crops and may not be used to build permanent buildings or structures such as housing. ?

Article 13: Land that has not been returned to the collective, such as land occupied in small batches and occupied before approval, or land that has not been returned to the collective after approval, shall be returned to the collective without compensation. Those who withdraw on their own initiative shall be given appropriate compensation by the village (resident) committee depending on the conditions of the above-ground buildings and other conditions. The compensation standard shall be negotiated by the collective economic organization (villager group) and reported to the village (resident) committee for determination. ?

If a rural villager owns two or more homesteads due to circumstances such as pre-occupation without approval, approval of new ones and failure to return old ones, etc., and fails to return the excess homesteads as required, the village (resident) group may file a complaint The village (resident) committee shall submit an application for the resumption of the right to use the homestead site. After the application is submitted to the district people's government for approval, the village (resident) committee shall take back the application and make unified arrangements for its use. ?

If idle homesteads that do not meet the living conditions or are uninhabited, homesteads occupied and used by non-members of the collective economic organization, voluntarily abandoned homesteads, etc. are returned to the collective, the village (resident) committee shall Arrange and use them uniformly. The returned homesteads and land will be recovered free of charge, and the above-ground houses and other buildings will be compensated by the village (resident) committee. The compensation standard will be determined with reference to the evaluation standards for the same location in the municipal area during the same period (houses built on illegally occupied land will not be compensated). If the land is not returned, it should be used with compensation based on the collective land cost. ?

Article 14 If rural villagers request to relocate their residences, they shall sign a contract with the rural collective economic organization to return the original homestead, and specify the disposal method of the buildings on the original homesite. ?

Chapter 3 Application and Approval of Rural Homestead Land?

Article 15 If one of the following circumstances occurs, you may apply for homestead land: ?

(1) Relocation is necessary for national construction, reclamation area resettlement, disasters, etc.; ?

(2) Implementation of village and town planning or reconstruction of old villages and towns, and relocation must be adjusted; ?

(3) ) Except for one child left by rural villagers, the other adult children really need to establish a new household due to marriage and other reasons, and the homestead is lower than the household standard; ?

(4) Demobilized veterans and returning soldiers Overseas Chinese and compatriots from Hong Kong, Macao and Taiwan who have settled there have no residence to build in their place of origin and no homestead land; ?

(5) Other circumstances under which the municipal people's government stipulates that you can apply for homestead land. ?

Article 16 Under any of the following circumstances, homestead land shall not be approved: ?

(1) Minors under the age of 18; ?

(2) After selling, renting or giving away the original residence to others, and then applying for homestead land; ?

(3) After converting the original residence into commercial housing or other uses, then applying Homestead; ?

(4) The original homestead has reached the prescribed standards or can meet the needs of household division; ?

(5) The old house will not be demolished, and the occupied land will not be demolished. The homestead land will not be returned; ?

(6) Others who do not meet the conditions for applying for homestead land. ?

Article 17 Rural homesteads shall be approved in accordance with the principles of strict management, improvement of efficiency, and convenience and benefit to the people. ?

Article 18 If rural villagers need to use homestead land to build residences, the following procedures shall be followed for approval: ?

(1) Rural villagers shall submit their household registration book and ID card to the rural villagers The collective economic organization submits a written application; ?

(2) The village (resident) group will review the authenticity and compliance of the applicant's application materials, convene a village meeting, and with the consent of more than two-thirds of the villagers, Report to the village (resident) committee for review. The village (resident) committee will convene two committees based on the village plan and the current year's residential land plan to determine the list of households building houses, land area, location, etc., and make an announcement. The announcement time is Ten days; ?

(3) If there is no objection to the announcement, the village (resident) committee will issue a certificate of land source for the homestead to the applicant on a household basis and submit it to the district people's government for approval. ?

Article 19 It is strictly prohibited for urban residents to purchase residential land in rural areas, and it is strictly prohibited to register and issue real estate certificates for residences purchased or illegally built by urban residents in rural areas.

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Article 20 If any of the following circumstances occurs, it shall be reviewed by the district land administration department and reported to the district people's government for approval. The relevant approval documents and land use rights and other real estate certificates shall be canceled and the village ( The residents' committee takes back the right to use the homestead: ?

(1) Using the land not according to the approved purpose; ?

(2) For village and town public facilities and public welfare The construction of a business requires the use of land; ?

(3) Homestead sites for rural villagers outside each household; ?

(4) 2 years from the date of approval Building a house has not started; ?

(5) Illegal transfer of homestead land or housing. ?

If the right to use the homestead is recovered in accordance with item (2) of the preceding paragraph, appropriate compensation shall be given to the holder of the right to use it. ?

Article 21: Former members of rural collective economic organizations who still have residences outside the village in their place of origin may retain a homestead that meets the area standards on the premise of complying with the planning. ?

Chapter 4 Management of Housing Construction on Rural Homestead Sites?

Article 22 When rural villagers build residences on homestead sites, they must comply with rural village planning and be reported to the district people's government for designation Construction can only start after approval from the administrative department. ?

Article 23 Rural villagers should build residences in accordance with approved planning, design, construction requirements and construction quality standards. The residential buildings built by rural villagers should maintain local characteristics and national styles and reflect the characteristics of the times. ?

Article 24: In accordance with the principle of benefiting the people, various district people's governments may grant exemptions or exemptions for various expenses involved in the construction of residential buildings for rural villagers in accordance with regulations. Those that cannot be exempted or exempted shall be charged according to the lower limit. ?

Chapter 5 Registration of rural homesteads and above-ground houses ?

Article 25 Real estate registration of rural homesteads shall be handled in accordance with the following provisions. ?

(1) Confirmation of real estate ownership of rural homestead land. ?

The applicant for homestead real estate registration shall apply to the district land administration department, and the district land administration department shall organize a survey on the ownership of the homestead real estate, sign the boundaries of the four neighbors of the parcel, and fill in the rural homestead cadastral survey Form, establish rural homestead real estate registration application files. ?

The rural homestead real estate registration application file should contain the following materials: ?

1. Rural homestead ownership confirmation and registration application form; ?

2. Rural homestead Proof of source of homestead ownership; ?

3. Household registration book (head of household and other family members), resident ID card (head of household); ?

4. Land planning opinions; ?

5. Rural homestead cadastral survey form; ?

6. Parcel map and land boundary point coordinate book, homestead boundary point coordinate book; ?

(2) Rural homestead real estate registration. ?

1. The land service window of the district government service center will review the application materials and accept the applications if they meet the requirements; ?

2. The district land administration department will review and ensure that the materials are complete and meet the registration requirements. , review opinions should be made within 5 working days. The review results should be publicized for 7 days; ?

3. If there is no objection after the publicity period expires, the district land administration department shall submit it to the Municipal Real Estate Registration Center for approval, registration and certification through the Sanya City Real Estate Registration System. ?

Article 26 To apply for the initial registration of real estate ownership of houses on rural homestead land, the following materials should be submitted: ?

(1) Registration application; ?

(2) Proof of identity of the applicant and proof that the applicant is a member of the rural collective economic organization where the house is located; ?

(3) Copy of the real estate right certificate for the homestead or the certificate for the use of collectively owned construction land; ?< /p>

(4) Application for construction approval documents for registered houses; ?

(5) Documents for application for registration of houses in compliance with urban and rural planning; ?

(6) Application A document of the person’s commitment to the construction safety of the registered house; ?

(7) House surveying and mapping report; ?

(8) Other necessary materials. ?

Article 27 The initial registration of real estate ownership of houses on rural homestead land shall be handled according to the following procedures: ?

(1) The applicant applies to the land service window of the district government service center, The materials will be accepted after they meet the requirements; ?

(2) After review by the district land administration department, if the materials are complete and meet the specified requirements, review opinions shall be made within 5 working days. The review results should be publicized, and the publicity period is 7 days (publicized on the real estate registration portal); ?

(3) If there is no objection at the expiration of the publicity period, the district land administration department shall submit it through the Sanya City real estate registration system. The Municipal Real Estate Registration Center shall approve the registration and issue the certificate. ?

Article 28: For a homestead site where houses have been built on the ground and the real estate rights of the house and land have not been registered, if the approval and construction planning procedures are complete, and if the cadastral survey and measurement show that the ownership is not disputed, it can be In accordance with the principle of uniformity of real estate and land, when the house title is confirmed and registered, the real estate registration agency shall issue a real estate title certificate for the unity of real estate and land.

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For those who are not members of rural collective economic organizations and need to confirm the ownership of land and houses when obtaining allocated homestead land before February 13, 1988, the village collective economic organization shall issue certification materials such as the time of allocation and the time of building houses. , report to the district people's government for review. ?

Chapter 6 Arrangement of Rural Homestead Sites?

Article 29 The district people’s government shall, in accordance with the village and town planning and land use planning, implement the plan of “hundred towns and thousands of villages, *** Enjoy the farm development strategy, scientifically formulate and implement plans for village transformation and merging villages, actively promote the consolidation of rural homesteads, improve the level of urbanization and intensive use of land in villages and towns, and strive to use homesteads economically. ?

The consolidation of rural homestead sites must be carried out in a planned, planned, step-by-step, proactive and steady manner in accordance with the principles of “planning first, policy guidance, villagers’ voluntariness, and diversified input”. ?

Article 30 The Municipal People's Government encourages rural collective economic organizations to organize the village homesteads in accordance with land use planning and village and town planning, through centralized construction of new villages and renovation of old villages. ?

Article 31 Rural collective economic organizations shall organize homesteads according to the following procedures: ?

(1) Rural collective economic organizations shall work together with the district people’s government to draft homesteads The consolidation plan should include the following contents: ?

1. The location and area of ??the plot of land to be consolidated; ?

2. The number and number of villagers who need to be relocated to consolidate the homesteads , the area of ??homesteads and houses; ?

3. Resettlement compensation methods and resettlement planning plans for villagers who need to be relocated; ?

4. Disposal methods of excess homesteads after consolidation. ?

(2) Rural collective economic organizations and the district people's government will submit the arrangement plan to the municipal land administration department and planning administration department for review and then submit it to the municipal people's government for approval. ?

(3) Rural collective economic organizations and district people’s governments shall implement homestead consolidation in accordance with the consolidation plan approved by the municipal people’s government. ?

Article 32: Rural collectively-owned land that has been planned as urban construction land in the overall urban plan shall be expropriated by the Municipal People's Government in accordance with the needs of urban construction in accordance with the law and then incorporated into the government land reserve. It does not belong to rural residential land. The scope of base finishing. ?

Chapter 7 Legal Responsibilities?

Article 33 Who illegally occupies land to build residential buildings without approval or uses deceptive means to obtain approval, or occupies more than the approved area? If the land is used to build residences, in accordance with the provisions of Article 76 of the Land Management Law of the People's Republic of China, the municipal land administration department shall order the return of the illegally occupied land and demolish the newly built residences on the illegally occupied land within a time limit. and other facilities. ?

Article 34 Illegal transfer of homestead land or illegal transfer of land for residential construction shall be based on Article 81 of the Land Management Law of the People's Republic of China and the Land Administration Law of the People's Republic of China. According to the provisions of Article 39 of the Regulations for the Implementation of the Land Management Law of the People's Republic of China, the municipal land administration department shall order corrections within a time limit, confiscate the illegal gains, and may also impose a fine of not less than 5% but not more than 20% of the illegal gains; constitute Anyone who commits a crime shall be held criminally responsible in accordance with the law. ?

Article 35: Any unit or individual that does not have the right to approve homestead land illegally approves the occupation of land, exceeds the approval authority and illegally approves the occupation of land, or does not approve the occupation of land in accordance with the purposes determined in the overall land use plan. , or if the occupation of land is approved in violation of the procedures stipulated in these Measures, the approval document shall be invalid, and the person directly responsible for illegally approving the occupation of land and other directly responsible persons shall be given administrative sanctions in accordance with the law; if a crime is constituted, criminal liability shall be investigated in accordance with the law. ?

Article 36. Anyone who refuses or obstructs the staff of the municipal or district people’s government and its work departments 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" Handle; if it constitutes a crime, criminal responsibility will be pursued in accordance with the law. ?

Chapter 8 Supplementary Provisions?

Article 37 The Yucai Ecological Zone Management Committee and the municipal land and planning administrative department in the Yucai Ecological Zone shall, in accordance with these regulations, the people of the district Implementation of responsibilities of government and district land and planning administrative departments. ?

Article 38 The specific application of these measures shall be explained by the municipal land administration department. ?

Article 39: These Measures shall be implemented from the date of issuance, and the "Sanya City Rural Homestead Management Measures" issued by Sanfu [2006] No. 114 shall be abolished at the same time. If the relevant rural homestead management regulations formulated by this city are inconsistent with these Measures, the provisions of these Measures shall prevail.

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