Are there still a number of homesteads in rural areas?

First, you can apply for approval, but you need to meet the following conditions:

1, which needs to be relocated or rebuilt due to national or collective construction, relocation and disaster;

2, the implementation of city, village and market town planning or the transformation of old villages, the need to adjust the demolition;

3, the existing homestead area has not yet reached the limit standard stipulated in these measures, and needs to be rebuilt or expanded;

4, has the household conditions and the original homestead area has not yet reached the limit standard stipulated in these measures and needs to be rebuilt or expanded;

5, approved by the county people's government, rural collective economic organizations to introduce or recruit professional and technical personnel, it is really necessary to settle in rural areas;

6, retired workers, demobilized soldiers and overseas Chinese, their relatives, Hong Kong, Macao and Taiwan compatriots with legal proof to return to their original place of residence to settle down;

7. Unless otherwise provided by laws, regulations and rules. Before applying for a new homestead, the homestead area has reached the prescribed standard, except for the transformation of old villages for the implementation of village and market town planning; Lease, sell or transfer the homestead and buildings on the ground in other forms (except for unreasonable adjustment due to lack of housing users), or apply for homestead after converting the house into other uses;

The state allows rural villagers who have settled in cities to voluntarily withdraw from their homesteads with compensation according to law, and encourages rural collective economic organizations and their members to actively use idle homesteads and idle houses. After the rural villagers sell, rent or donate their houses, they will not be approved if they apply for the homestead again.

Two, the following cases of homestead application shall not be approved:

1, before applying for a new homestead, the homestead area has reached the standard specified in this regulation, except for the transformation of the old village for the implementation of village and market town planning;

2. Lease, sell or transfer the homestead and the above-ground buildings in other forms (except for reasonable adjustment of households without houses), or apply for the homestead after the house is used for other purposes;

3, with all family members as a household to apply for homestead and get approval, do not have the conditions of household or unreasonable household to apply for homestead;

4, the children have established a household and meet the conditions for establishing a household, and the parents apply for a homestead separately;

5, the implementation of old village block transformation or the implementation of planned natural village merger, building on the original homestead;

6, do not need to live in the house demolition, the homestead will not be returned to the village collective;

7, illegal housing is not dealt with according to law;

8, other do not meet the building conditions.

Rural homestead is only a right to use, and the ownership belongs to the village collective. Farmers enjoy the ownership of the attachments on the homestead, and have the right to buy, sell and rent, and are not infringed by others. After the house is sold or leased, the right to use the homestead is transferred to the transferee or lessee, but the ownership of the homestead always belongs to the collective. The application for homestead after the sale or rental of houses shall not be approved. The land used by farmers for building houses and small courtyards shall not exceed the standards set by provinces, autonomous regions and municipalities directly under the Central Government.

Homestead can only be circulated within the village collective. According to the land management law, the homestead is not real estate, but the right to use, and the ownership belongs to the village collective. Homestead can neither be bought or sold nor inherited, but it can be circulated within the village collective, and the land management department will examine and approve it according to law and issue a certificate.

Due to the dual system of urban and rural areas in China, more and more people are "turning from agriculture to Africa" in the wave of urbanization. For whatever reason, once the registered permanent residence is transferred, it loses the right to inherit the old house base, and it can't be bought back. It can only watch helplessly as the "ancestral home" becomes the asset of the village collective.

Because of the corresponding relationship between rural hukou and land, some people are reluctant to "turn from agriculture to non-agriculture", and even some civil servants try their best to "turn from agriculture to non-agriculture", but these are a minority after all, and "entering the city" is the general trend. Therefore, from the perspective of specific families, if the relevant laws and regulations remain unchanged, the homestead is doomed to be lost.

Land allocated by rural collective economic organizations to farmers for building houses and small courtyards to ensure their living needs. Used for building houses, auxiliary rooms (kitchens, warehouses, toilets), courtyards, biogas digesters, livestock houses, firewood stacking, etc. Farmers only have the right to use, and may not buy, sell, lease or illegally transfer. Farmers enjoy the ownership of the attachments on the homestead, and have the right to buy, sell and rent, and are not infringed by others. After the house is sold or leased, the right to use the homestead is transferred to the transferee or lessee, but the ownership of the homestead always belongs to the collective. The application for homestead after the sale or rental of houses shall not be approved. The land used by farmers for building houses and small courtyards shall not exceed the standards set by provinces, autonomous regions and municipalities directly under the Central Government.

Because the homestead belongs to collective land, it can't be sold privately to these citizens with urban hukou, even the village Committee belongs to the managers of rural collective economic organizations. The village committee is responsible for the distribution of rural collective land, and the property income obtained through collective land also belongs to the members of the village collective economy.

Legal basis:

law of property

Article 152 The owner of the right to use the homestead shall have the right to possess and use the collectively owned land according to law, and the right to use the land to build houses and ancillary facilities according to law. The acquisition, exercise and transfer of the right to use the homestead shall be carried out in accordance with the land management law and relevant state regulations.

Measures for the administration of rural homestead

Thirteenth because of national or collective construction, immigration, disaster and other needs to be relocated or rebuilt; The implementation of urban, village and market town planning or the transformation of old villages requires adjustment and demolition; The existing homestead area has not yet reached the prescribed limit standard and needs to be rebuilt or expanded;