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How does a son apply for a homestead by household?
With the development of rural population, many people covet the support and development help of rural areas for each agriculture, countryside and farmers, but now the increase of family population often requires more houses to live in. Here is a detailed introduction to how my son applies for a homestead.
How does a household 1 son apply for a homestead? 1. How can an only child apply for a homestead after household separation?
Only children can't apply for homestead after household separation. According to Article 62 of the Land Management Law, rural villagers can only own one homestead, and the area of the homestead shall not exceed the standards set by provinces, autonomous regions and municipalities directly under the Central Government.
land management law
Rural villagers can only own one homestead, and the area of the homestead shall not exceed the standards set by provinces, autonomous regions and municipalities directly under the central government. In areas where per capita land is small and it is impossible to guarantee one household and one house, the people's government at the county level can take measures to ensure that rural villagers live in houses on the basis of fully respecting the wishes of rural villagers and in accordance with the standards stipulated by provinces, autonomous regions and municipalities directly under the Central Government.
Rural villagers building houses shall conform to the overall land use planning and township (town) village planning, and shall not occupy permanent basic farmland, and try to use the original homestead and village parents. The overall land use planning and village planning of townships (towns) shall make overall planning and reasonable arrangement of homestead, and improve the living environment and conditions of rural villagers. Rural residential land, approved by the township (town) people's government; Among them, those involving the occupation of agricultural land shall go through the examination and approval procedures in accordance with the provisions of Article 44 of this Law.
After the rural villagers sell, rent or donate their houses, they will not be approved if they apply for the homestead again. 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. The competent department of agriculture and rural areas in the State Council is responsible for the reform and management of rural housing sites throughout the country.
Second, can the homestead be mortgaged?
The homestead cannot be mortgaged, but the house on the homestead can be mortgaged. According to the first paragraph of Article 34 of China's Guarantee Law, "all houses and other things fixed on the ground owned by the mortgagor can be mortgaged." Paragraph 2 of Article 37 "The right to use collectively-owned land such as cultivated land and homestead shall not be mortgaged." Therefore, a single rural homestead cannot be mortgaged.
How does a son apply for a homestead? 2. Can a rural son apply for a homestead in one household?
The separation of father and son is generally not allowed to apply for homestead, and the legal conditions for applying for homestead are:
(1) Relocation or reconstruction due to national or collective construction, migration, disasters, etc.
(two) the implementation of the city, village and market town planning or the transformation of old villages, the need to adjust the demolition.
(three) the existing homestead area has not yet reached the legal limit standard, and it needs to be rebuilt or expanded.
(four) with the conditions of household and the original homestead area has not yet reached the legal limit standard and needs to be rebuilt or expanded.
(five) with the approval of the county people's government, the professional and technical personnel introduced or recruited by the rural collective economic organizations really need to settle in the countryside.
(six) retired workers, demobilized soldiers and overseas Chinese, their relatives, Hong Kong, Macao and Taiwan compatriots with legal documents to return to their places of origin for settlement.
(seven) as otherwise provided by laws, regulations and rules.
Second, what conditions and procedures are needed for rural sub-accounts?
According to Article 19 of the Regulations on Household Registration in People's Republic of China (PRC), if a citizen's household registration changes due to marriage, divorce, adoption, claim, household separation, merger, disappearance, recovery or other reasons, the head of the household or himself shall report the change registration to the household registration authority.
Third, can the accounts be merged after registration?
On the premise of meeting the conditions, it is possible: 1. On the premise that the parents of the parties are old, but there are no other children in the household registration book, they can apply for a consolidated account;
2. Both parties can bring their household registration book, ID card and seal certificate issued by the village (neighborhood) committee where the household registration is located (explaining the reasons for the merger of household registration). If the parties want to cancel the account, they should go to the household registration section of the police station in the jurisdiction where the household registration is located, and go through the relevant procedures according to the staff's tips after a written application.
Article 19 of the Regulations on Household Registration in People's Republic of China (PRC) stipulates that if a citizen changes his household registration due to marriage, divorce, adoption, claim, household separation, merger, disappearance, recovery or other reasons, the head of the household or himself shall report the change of registration to the household registration authority.
How does a son apply for a homestead after household separation? 3. How to apply for homestead after separation of households?
If rural villagers need to use homestead for building houses, they shall apply to the collective economic organizations and post them in the collective economic organizations or villagers' groups. If there is no objection at the expiration of the publicity period, it shall be reported to the township (town) for review and then to the county (city) for approval. After the homestead is approved according to law, the rural collective economic organizations or villagers' groups shall timely post the approval results.
After the application for rural villagers' homestead land is accepted, the staff stationed in the township (town) should go to the field for reconnaissance, carefully examine the scope, area, type and other land use conditions of the land for application, and only those who meet the conditions can apply for homestead.
1. The location of the application homestead must conform to the' construction land scope' determined by the local land use master plan;
2, the application area is in line with the homestead approval standards.
3. The applicant's household registration must be in the village where the application for homestead is located. In addition to those who have settled in their hometowns, urban residents are prohibited from occupying rural collective land to build houses.
4. A rural resident can only have one homestead.
Second, the homestead application conditions
1. Children at home have regional economic ability and living ability, and need to live alone.
2. The children in the family are not only children, and the children are married and live independently all the year round.
Both husband and wife have divorced. On the one hand, if they need to rebuild their houses, they can apply for homestead again in separate households.
How does a son apply for a homestead? How can he apply for a home if he doesn't have a house in the countryside?
1. Buy or apply for homestead in the village.
When the household applicant has no housing or rural homestead, he can apply to the village collective organization for building a homestead and then divide the household. If the village collective organization has no extra homestead to allocate, he can ask the villagers to see if any villagers want to sell their houses. If so, he can apply to the village collective first, and then trade with the villagers who sell the house after the application is passed, so as to change the main body of the homestead and the house and avoid some unnecessary problems in the later period.
2. Buy urban real estate and settle down.
When the household registration applicant does not have a house in the countryside and wants to do it, he can choose to buy real estate in the city and move his household registration to the city, so that the household registration can be carried out. It should be noted that parents' homesteads in rural areas cannot be inherited if their registered permanent residence moves out of rural areas. Although their house can be inherited, if it has collapsed, it cannot be rebuilt, and the village collective has the right to recover the homestead.
3. Collective households transferred to cities
If the economic conditions do not allow the household registration applicant to buy real estate in this city, then those who meet the conditions can change their household registration to collective households in this city. Collective households are also urban household registration, but the people who have settled down are not related by blood.
4. Married or married
In addition to the above-mentioned methods of household separation, household applicants can also separate households through marriage or marriage. After all, the policy stipulates that those who are married, whose children have reached the legal age of marriage, have a certain source of income and economic independence can enter the household. In addition, couples can also separate because of emotional breakdown and other reasons, but false divorce is strictly prohibited.
Is it better to separate households or not?
On the question of "whether households are good or not", we should analyze the advantages and disadvantages of households, as follows:
1, the benefits of home use
(1) For rural families, the separation of households means that there will be a new household registration book. Under the influence of the principle of one household and one house, you can apply to the village collective for homestead. When they encounter demolition, if the demolition funds are distributed by households, they can have one more quota.
(2) What business will be more convenient for you to handle in the later period after household division, and when you distribute materials collectively in the village, if you take households as the unit, one more household registration book means that you can have one more material.
2, the disadvantages of household.
(1) As far as the disadvantages of the separation of people and households are concerned, the land problem is actually more difficult to solve. Generally, countries will not allocate land, but only divide the original land, which is prone to contradictions.
(2) Farmers grow agricultural products with certain subsidies, which are generally distributed according to the size of contracted land. When households are divided, part of their land may be divided out, so the subsidies they can get will be reduced.
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