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Model essay on the acceptance report of resettlement funds
The "Notice" shows that small property houses are not allowed to register for confirmation, and urban residents who illegally purchase rural homesteads and houses on the ground are not allowed to register for confirmation. It is strictly forbidden to legalize illegal land use through real estate registration.
For members of rural collective organizations who have settled in cities, the Notice proposes that the right to use homestead obtained according to law should be registered.
According to the Notice, Guangzhou will basically complete the registration and certification of "property rights integration" rural homestead and collective construction land by the end of 2020 (hereinafter referred to as "property rights integration" registration and certification).
This file limits the scope of registration. Commercial housing developed on collectively owned land shall not be registered for ownership; In addition, temporary buildings and structures such as simple houses, sheds, farm tools houses, pens and toilets are not registered. Rural homestead, collective construction land and permanent and complete rural houses on the ground can be registered.
The Notice has a strict definition of the subject of registration. In principle, the subject applying for registration and certification is a member of the village collective economic organization. Urban residents who illegally purchase rural homesteads and houses on the ground are not allowed to register and confirm their rights.
For houses that have no source materials and occupy land construction without approval, the "Notice" requires that the historical use and current situation of land should be ascertained and the rights should be registered after classification according to law. It is strictly forbidden to legalize illegal land use through real estate registration.
For members of non-village collective economic organizations who use homesteads, the Notice proposes that if members of non-village collective economic organizations use homesteads for poverty alleviation and relocation, prevention and control of geological disasters, new rural construction, resettlement, etc. according to the unified planning and approval of the government, they will withdraw from the original homestead and cancel their registration, and then register the newly-built houses and occupied homesteads according to law. Members of non-village collective economic organizations who occupy rural homesteads because of inheriting houses that have been expropriated according to law in rural areas may register and issue certificates according to regulations. Residents (including overseas Chinese) have obtained homestead and houses in accordance with the law, and the property rights of houses have not changed. Only after the village (community) agrees and publicizes for 30 days without objection can the ownership registration be handled. After the members of rural collective organizations settle in the city, their legally obtained right to use the homestead shall be registered.
The original work plan for the registration and certification of rural homestead and collective construction land in Guangzhou is as follows:
In order to speed up the registration and certification of rural homestead and collective construction land in Guangzhou (hereinafter referred to as "property right integration"), ensure that the registration and certification of "property right integration" is basically completed before the end of 2020, protect farmers' legitimate property rights and interests, promote the implementation of rural revitalization strategy, and maintain the harmony and stability of rural social order, this plan is formulated in combination with the actual situation of our city.
I. Objectives and tasks
In the form of "general registration", we will focus on the unified registration of unregistered rural residential sites, collective construction land use rights and above-ground housing ownership, and issue real estate ownership certificates to ensure that the registration and certification of "real estate integration" will be basically completed by the end of 2020.
Second, the scope of registration
Rural homestead, collective construction land and permanent rural main houses with complete structure within the scope of urban collective land do not include temporary buildings and structures such as simple houses, shacks, farm tools houses, pens and toilets. Commercial housing developed on collectively owned land shall not be registered for ownership.
According to the principle of "no change", the registered rural homestead and collective construction land will continue to be valid and will not be re-registered. After the implementation of the unified registration of real estate, if the organization has completed the investigation of the ownership of comprehensive premises, the certificate of ownership of comprehensive premises can be renewed. If the homestead has been registered, the farmhouse has not been registered, and the people are willing to renew the certificate of immovable property rights, the applicant may submit the supplementary investigation data of the farmhouse and apply for the registration of immovable property to the registration agency.
Third, the applicant
(a) the main body of the application for registration and certification of the ownership of the homestead and the above-ground house.
In principle, they are members of village collective economic organizations, and with the consent of all family members, they can also be heads of households or representatives of family members. Under any of the following circumstances and recognized by the village collective economic organization, you can also apply for registration and certification according to the regulations: the original members of the village collective economic organization have obtained the right to use the homestead or the ownership of the house according to law and moved out of the household registration due to marriage, employment, refuge and other reasons; Members of non-village collective economic organizations use homesteads for poverty alleviation and relocation, prevention and control of geological disasters, new rural construction, resettlement, etc. Conforming to the unified planning and approval of the government; Members of village collective economic organizations and non-village collective economic organizations who already own homesteads occupy rural homesteads because of inherited houses; Homestead and houses legally acquired by residents (including overseas Chinese) in rural areas have not changed. Urban residents who illegally purchase rural homesteads and houses on the ground shall not be registered for confirmation.
(two) the main body of the right to use collective construction land and the ownership of buildings and structures on the ground.
Town (street) village-run enterprises and institutions, rural collective economic organizations and villagers' committees that have been approved to use collective land to set up town (street) village public welfare undertakings and public facilities; Approved the use of collective land to set up various industrial and commercial enterprises (including state-owned, collective, private enterprises, individual industrial and commercial households, foreign-invested enterprises, joint-stock enterprises, joint ventures, etc.). ); Approved the use of collective land to develop office facilities and public welfare undertakings; The right to use the collective construction land and the ownership subject of the above-ground buildings and structures approved by the relevant national reform pilot policies.
Fourth, confirm the principle of registration
According to the Notice of the Natural Resources Confirmation Registration Bureau on Further Improving the Registration of Rural Real Estate Confirmation (Natural Resources Registration Letter [2065438+09] No.6) and the Notice of the Ministry of Land and Resources on Further Accelerating the Registration and Certification of Homestead and Collective Construction Land Confirmation (Guo Tu Zi Fa [2065 438+06] 1 No. Notice of the General Office of Guangdong Provincial Department of Natural Resources on Printing and Distributing the Policy Summary and Document Compilation for Promoting Rural Revitalization (Letter of Guangdong Provincial Department of Natural Resources [2019] No.224) and Notice of Guangdong Provincial Department of Natural Resources on Printing and Distributing the Work Plan for Accelerating the Registration and Certification of Rural Real Estate in Guangdong Province (Guangdong Natural Resources Rules [20 19] 168) Each district shall, with the consent of the district people's government, determine the specific registration principles of this district in combination with the actual situation of this district.
(a) the principle of registration of stock homestead and real estate.
1.1986 65438+February 3 1 The previously built rural houses have not been expanded or rebuilt so far. With the consent of rural collective economic organizations or neighborhood committees (hereinafter referred to as villages), they will be publicized for 30 days (confirm the right to use the homestead, the area, the scope of the four districts, the completion date, etc.). ) no objection, and issue a certificate.
2. The right to use the homestead has legal source materials. (1) 1987 1 to 1998 12 3 1 The completed rural houses have been approved by the village (community) (confirm the owner, area, scope of four districts, construction completion date, etc.). ) and (2) the farmer's house built from June 5438+099965438+1 October1day to June 2014 has been approved by the village (community) (confirm the right to use the homestead, area, scope, completion date, etc.). ) and publicized for 30 days without objection, and a certificate has been issued.
3. There is no source material for the right to use the homestead, and houses that occupy land construction without approval should find out the historical use and present situation of the land, register the ownership after classification according to laws and regulations, and it is strictly forbidden to legalize illegal land use through real estate registration.
(1)1October 0987+65438+65438 to February 0998+365438+65438, the built rural houses meet the allocation conditions of the homestead, and the village (community) agrees (confirm the ownership, area, scope and scope of the homestead). If the town (street) confirms that it meets the standard of "one household, one house" and the construction area, it will be registered as his other right after being verified by the district planning and resources department as the construction land changed during the period from 1987 1 to 1998 12 3 1.
(2) 1999 65438+ 10/2009 65438+February 3 1 The rural houses that have been built meet the requirements for the allocation of homestead and have been approved by the village (community) (confirm the owner, area, scope and completion) ) and publicity for 30 days without objection. Upon verification by the district planning and resources department, it is the construction land changed from 2009 1 October 1999 1 to February 20091,and it conforms to the current overall land use planning, so it shall be registered and confirmed.
(3) The farmhouses built during the period of 2010/10 to 2015 July 14 were not included in the three-year action plan and annual plan of urban renewal, which met the conditions of homestead allocation. With the consent of the village (community) (confirming the ownership, area and scope of the right to use the homestead), if the town (street) confirms that it meets the standards of "one household, one house" and construction area, it needs to go through the formalities of land use examination and approval, and after being audited by the district planning and resources department, it conforms to the current overall land use planning and urban and rural planning (after the implementation of the national land spatial planning is approved, it should conform to the national land spatial planning), and then register the ownership.
4. For houses registered according to ownership, if the land area and construction area exceed the building standard of "one household, one house", the ownership shall be registered according to the prescribed standard area, and the excess part shall be indicated in the postscript column of the register and the ownership certificate as not being registered as the ownership area. The land area and construction area standards of the stock homestead houses are determined by the people's governments of all districts according to the historical implementation policies of their respective jurisdictions. Farmers' houses built after July 20 15 and 20 15 shall be handled in accordance with existing relevant laws and regulations.
5. Members of non-village collective economic organizations use homestead. Members of non-village collective economic organizations who use homestead for poverty alleviation and relocation, prevention and control of geological disasters, construction of new countryside, resettlement, etc. according to the unified planning and approval of the government. After withdrawing from the original homestead and canceling the registration, the newly-built houses and occupied homestead shall be registered according to law. Members of non-village collective economic organizations who occupy rural homesteads because of inheriting houses that have been legally expropriated in rural areas may register and issue certificates according to regulations. The remarks column of the title certificate should indicate that "the right holder is the legal heir of the residence of the original member of the village collective economic organization". Residents (including overseas Chinese) have legally obtained homesteads and houses in rural areas with the approval of the District People's Government, and the property rights of houses have not changed. If the village (community) agrees (confirm the owner, area, scope and completion date of the house, etc. If there is no objection to the publicity for 30 days, it will be registered and confirmed. The remarks column of the property right certificate indicates that "the right holder is a member of a non-village collective organization". After the members of rural collective organizations settle in the city, their legally obtained right to use the homestead shall be registered.
6. In areas not covered by rural planning, the registration of the ownership of the above-ground houses that have obtained the right to use the homestead according to law shall be uniformly determined by the people's governments of all districts according to the policies implemented in the history of their respective jurisdictions. Members of rural collective organizations who apply for housing ownership registration may not provide relevant materials that meet the housing planning or construction.
(two) the principle of collective construction land use rights and real estate registration.
1. If towns (streets), village-run enterprises, institutions and individuals use farmers' collective land for non-agricultural construction according to law, the users' right to use collective land construction can be determined according to law.
(1)19861231A few days ago, the village (community) public welfare undertakings and public * * * facilities were established by using collective land, and the right to use the collective construction land of the unit can be determined according to law after the town (street) audit. Town (street) enterprise land and other collective land approved for non-residential construction according to law, which still continue to be used, shall be determined according to law with the consent of the local village (community) and the audit of the town (street).
(2) After 0987+65438+6543810, the land for village (community) public welfare undertakings and public facilities, the land for town (street) enterprises and other collective land legally approved for non-residential construction shall be determined in accordance with the approval documents of the people's governments at or above the district level.
2. For collective construction land without land ownership sources, the historical use and present situation of the land shall be ascertained, and the ownership registration shall be carried out after classification according to laws and regulations. It is strictly forbidden to legalize illegal land use through real estate registration. Before 1999, 65438+ 10, 1, if the land use status is changed to collective construction land, the historical use and present situation of the land shall be ascertained, and it shall be determined as legal use, and it shall be approved by the local village (community) and publicized for 30 days without objection, and after the town (street) audit, it shall be reported to the district people's government for approval. After 10 0999+65438+65438, the land use status is changed to collective construction land, and it is necessary to go through the land use examination and approval procedures and the ownership registration in accordance with the regulations.
Verb (abbreviation for verb) working steps
The registration and certification of "real estate integration" is organized and implemented by the people's governments of all districts in the form of "general registration", and property right investigation, registration and certification and achievement collection are carried out in a unified manner. Each district should formulate a specific implementation plan, define the objectives and tasks, division of responsibilities, methods and steps, principles for dealing with historical issues, time schedule, funding guarantee and work requirements, and issue a notice on the general registration of "integrated real estate" within its administrative area in the name of the district people's government, and clarify the scope, time limit and conditions of the general registration.
(1) preparation stage (65438+20201October-February 2020).
Establish a working mechanism, implement work funds, determine the investigation team, and carry out publicity and training. Collect preliminary data, determine the scope of investigation, write technical design, pre-number houses, make working drawings, prepare working lists and investigation tools.
(2) Organizing the implementation stage (March 2020-June 5438 +2020 10).
The people's governments of all districts issued a general registration notice to clarify the scope, content, time limit and handling principles of historical issues. According to the requirements of the Technical Guide, a comprehensive property right investigation will be carried out. On the basis of rural cadastral survey, real estate registration data and other achievements, carry out rural housing survey, supplement land survey, comprehensively find out the basic situation of rural land and housing, such as location, area and ownership, and form the ownership survey results that meet the requirements of "real estate integration" ownership registration and certification. After the investigation results are initially formed, the real estate registration agency will conduct pre-trial and announce the information of the real estate obligee, the results of the ownership investigation and the registered items. The announcement period is not less than 15 working days (the time required for announcement is not included in the registration period). If there is no objection to the announcement, according to the survey results, a parcel map and a house plan, etc. Will be produced and output, together with the application for real estate registration and other materials submitted to the right holder for signature. The real estate registration institution shall examine and verify according to law, confirm and register the homestead, collective construction land use right and above-ground house ownership that meet the registration and certification conditions, and issue a certificate of real estate ownership.
(3) Acceptance summary stage (165438+2020 10-65438+February 2020).
Establish a database of rural property rights survey results, and check and accept the property rights survey results. In the existing real estate registration information platform, we should handle the "real estate integration" registration, collect the registration result data, establish the dynamic update mechanism of the result information, and realize the digital management and information application of the registration and certification results.
Do a good job in the use and connection with the existing historical investigation and confirmation files, and establish a "real estate integration" rural homestead and collective construction land investigation file management system. After the work, according to the unified norms and requirements, the data results are sorted, filed, grouped, catalogued and archived.
Organize, check and summarize the registration and certification results of "property right integration", sort out the problems, difficulties and solutions encountered in the implementation of this work, and form a work summary.
All districts should complete the results sorting, quality inspection and data collection before the end of 2020 1 1, cooperate with the Municipal Planning and Natural Resources Bureau to carry out the inspection and acceptance of the certification results of homestead, collective construction land and houses, and remit the results to the Provincial Department of Natural Resources before the end of 12.
Technical route of intransitive verbs
Starting from satisfying the registration and certification of "property right integration", we will make full use of data achievements such as rural cadastral survey and real estate registration, and supplement and improve the survey data and real estate measurement maps of rural homestead and collective construction land and houses through real estate ownership survey and measurement in accordance with relevant national survey regulations and standards, so as to provide a basis for the registration and certification of rural homestead, collective construction land and houses. Each district can choose the practical investigation methods and technical paths, and the same area can adopt a variety of different investigation methods to achieve full coverage of rural real estate ownership investigation. If a simple method is used for housing measurement, it shall be indicated in the supplementary column of the real estate register and the ownership certificate that "if there is a higher precision measurement result in the future, the high precision data shall prevail". Where the applicant requires high-precision measurement and provides high-precision measurement results by himself, it shall be adopted after examination and approval.
Seven. Expected result
(a) Paper results.
1. technical scheme (including work implementation scheme, technical design book, etc.). );
2. Large-scale mapping data;
3. Survey data;
4 quality control inspection records, inspection reports, technical summaries, work summaries and acceptance reports at all levels.
(2) Electronic score data.
1. Rural real estate ownership survey database;
2. Electronic document data (electronic data and electronic version of all documents).
Eight, organize the implementation
The district people's governments are responsible for the registration and certification of rural "real estate integration" and the organization and implementation of the registration and certification work in their respective regions. The specific work is led by the District Planning and Natural Resources Branch, with the participation of the District Agriculture and Rural Bureau, the Finance Bureau and the Housing and Urban-Rural Development Bureau. District Planning and Natural Resources Branch is responsible for the daily work, taking the lead in formulating specific work plans, organizing the implementation of specific work, implementing business guidance, inspection and acceptance. District Housing and Urban-Rural Development Bureau is responsible for guiding rural housing construction. District Agricultural and Rural Bureau is responsible for guiding the distribution and use of rural homestead. The District Finance Bureau is responsible for including specific work funds into the budget to ensure that funds are put in place. Conditional areas can expand the collection outlets of real estate registration to towns (streets) and villages (communities) to accept registration applications centrally.
Nine. safeguard measure
(1) organization guarantee. All districts should fully understand the importance and necessity of the registration and certification of "real estate integration", concentrate their efforts, implement their responsibilities, establish an effective work coordination mechanism, and set up a working group headed by the leaders in charge of the district to speed up the organization and implementation of this work. The district people's governments are responsible for the organization and implementation of the registration and certification of "real estate integration", led by the Municipal Bureau of Planning and Natural Resources, and coordinated by the Municipal Bureau of Agriculture and Rural Affairs, and regularly reported the progress of the work to the Municipal People's government. All relevant departments in the region should attach great importance to it, clarify the division of responsibilities, strengthen work linkage, and do a good job in the registration and certification of "real estate integration".
(2) Policy guarantee. The people's governments of all districts earnestly implement the territorial management responsibility of the government, strengthen their responsibilities, take the initiative, formulate the registration policy of ownership confirmation in this region according to local conditions, issue detailed implementation rules, determine the specific contents that meet the conditions for registration and certification, clarify the specific procedures for handling relevant procedures, limit the standards for the use area of homesteads and the construction area of above-ground houses within their respective administrative areas, and uniformly determine the villages and time boundaries that do not cover the township (village) planning.
(3) Financial guarantee. The Municipal Bureau of Planning and Natural Resources is responsible for the publicity and training at the municipal level and the quality inspection and storage of the results at the municipal level in this "real estate integration" confirmation registration work. Specific work funds such as registration, certification and publicity in each district are included in the financial budget of each district. In addition to the cost of the certificate and the expenses incurred by the applicant to provide high-precision survey results, the registration and certification of rural property rights survey organized by the District People's Government shall not charge any fees to farmers. All relevant departments should strictly follow the relevant provisions of the state, standardize the efficient use of funds for the registration and certification of ownership, and strictly implement the funds needed for the work.
(4) publicity and protection. Organize various publicity activities in combination with the requirements of establishing and implementing a unified real estate registration system. The district people's governments should vigorously publicize the registration and certification of "real estate integration" through newspapers, television, internet and other media, fully mobilize the enthusiasm of town (street) and village (community) cadres and farmers to participate, and create a good public opinion environment and working atmosphere.
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