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What is the standard of rural homestead area in Heilongjiang Province in 2023?
1. What is the standard of rural homestead area in Heilongjiang Province?
1. Villagers in rural areas of Heilongjiang Province can only own one homestead.
The area standard of homestead is that the maximum area of cultivated land should not exceed125m2, other land should not exceed140m2, and the usable wasteland and barren slopes in mountainous areas should not exceed160m2. The county (city) and district people's governments may, within the upper limit of the homestead area standard stipulated in the preceding paragraph, determine the specific standards for the homestead area of rural villagers according to local conditions.
2. Compensation for rural homestead expropriation in Heilongjiang Province
The property right of rural homestead in Heilongjiang Province belongs to the village collective, because it is allocated by the village collective to the villagers for use, and the villagers build houses and live on the homestead. There are two compensation methods for house site demolition, one is house site compensation, and the other is house compensation. Because the property right of the homestead belongs to the village collective, this part of compensation belongs to the village collective and will not be directly given to the homestead users. The property right of the house belongs to the villagers privately, so the compensation for the house actually belongs to the villagers. After the villagers' homestead is expropriated, if there is no other homestead, then the village collective will redistribute the homestead to the villagers and let them build houses on the new homestead.
II. Relevant laws and regulations
Eleventh "rural homestead management measures"
Calculation of homestead area:
(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.
Measures for the Administration of Rural Homestead in Heilongjiang Province
Article 6 Rural villagers' housing construction should be combined with the transformation of old villages and land consolidation, make full use of the original homestead, the land in the villages and the hilly slopes around the villages, strictly control the occupation of cultivated land by housing construction, and not occupy the land in basic farmland protection areas for housing construction. Rural villagers really need to occupy cultivated land to build houses, mainly through land consolidation discount index and old village transformation replacement index.
Seventh rural villagers homestead ownership belongs to the collective, rural villagers only have the right to use. If it is necessary to adjust the homestead due to the implementation of urban planning or the transformation of old towns and villages, the users of the original homestead shall obey.
Eighth rural villagers can only own a homestead.
The standard of homestead area is: if cultivated land is used, the maximum area shall not exceed125m2; If other land is used, the maximum shall not exceed140m2, and if there are conditions to use wasteland and barren slopes in mountainous areas, the maximum shall not exceed160m2.
The county (city) and district people's governments may, within the upper limit of the homestead area standard stipulated in the preceding paragraph, determine the specific standards for the homestead area of rural villagers according to local conditions.
Ninth rural villagers to apply for homestead, shall submit a written application to the village committee or village economic cooperative where the permanent residence is located, which shall be discussed and approved by the village committee or village economic cooperative. The villagers' committee or the village economic cooperative shall publish the list of householders, the occupied area and the location of the homestead, and send the relevant materials for applying for the use of the homestead to the township (town) people's government for examination and approval, and the examination and approval results shall be published by the villagers' committee or the village economic cooperative.
Rural villagers who use agricultural land for building houses shall go through the examination and approval procedures for the conversion of agricultural land according to law.
Tenth rural villagers to build houses, except the homestead planning land should be used as public land, by the villagers committee or village economic cooperatives to apply for approval. Approved public land shall not be occupied as personal land such as buildings and courtyards.
Eleventh rural villagers in any of the following circumstances, you can apply for homestead:
(a) due to national construction, resettlement in reclamation areas, disasters and other needs to be relocated;
(two) the implementation of town planning or the transformation of old villages and towns, must adjust the relocation;
(three) the permanent population has received a marriage certificate and the original homestead area is less than 90% of the specified area after household division;
(four) the introduction of professional and technical personnel approved by the county (city) and District People's governments really need to settle in rural areas;
(five) other circumstances in which the county (city) and District People's governments may apply for building houses.
The spouses of national cadres and workers are registered in rural areas, and the cadres and workers themselves live together for a long time. With the approval of the unit where they work, they can apply for homestead with their spouses.
Twelfth rural villagers to apply for homestead, one of the following circumstances, shall not be approved:
(a) the existing homestead has reached 90% of the specified area standard;
(two) lease, sell or otherwise illegally transfer the homestead and buildings on the ground, or use the house for other purposes;
(three) all family members as household application and approval, do not have the conditions of household;
(four) the other does not meet the conditions for building applications.
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