Can a son apply for building a house on a household basis?

Can a son apply for building a house on a household basis?

Can a son apply for building a house separately? Household refers to children who leave their parents' accounts independently and set up another household after they become adults or get married. Especially the newlyweds want to start a new life, so they start from home. Can the following sons apply for building houses on a household basis?

Can a son apply for building a house in a separate household? 1 This is ok if it meets the requirements. The condition for applying for a homestead is that 18-year-old male youth does not meet the situation that his son has a homestead, which has nothing to do with whether the households are not separated. Homestead is generally planned in the village and cannot be divided at will, otherwise the village may not be able to arrange the home address.

legal ground

Article 62 of the Land Administration Law of the People's Republic of China

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.

1. Can rural sons apply for homestead by 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.

(5) With the approval of the county people's government, it is really necessary for professional and technical personnel introduced or recruited by rural collective economic organizations to settle in rural areas.

(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.

To sum up, in rural areas, you can't just apply for the right to use the homestead by household.

Can a son apply for building a house alone? Can rural homestead be divided?

1. Legally speaking, rural private plots are equal to contracted land. The difference is that the government issues the certificate of land contractual management right to the land contracted by farmers, including the certificate of homestead use right to the homestead used by farmers. However, up to now, no use certificate has been issued to the private plots used by farmers, and it is easy for farmers to have disputes over the land use rights of private plots. However, rural land contracting is carried out on a household basis. During the validity period of the land contract, it is no problem for family members to dispose and distribute through consultation.

2. If households are not divided, it is possible that the homestead will not be approved. In this case, it is uncertain whether the homestead of the elderly is inherited by the younger son by default. For example, is there any case where the application for homestead approval is not approved? In addition, the homestead cannot be directly inherited, because its right attribute is collectively owned, and at most it can only obtain the right to use.

3. In the early 1990s, the second round of contracting extended the term of contracted land management to 30 years. This is a long time, so there will be a problem that children born after land distribution have no land to farm. In principle, this problem needs to be adjusted within the family. Because the general principle is to increase people without increasing land, and to reduce people without reducing land. Therefore, if there is a separation, it should be negotiated within the family, divided by itself during the contract period, and then divided after the contract expires.

4. The biggest risk of the separation list is not the disposal and distribution of property, but that many rural elderly people wrote it down early in order to prevent their children from having maintenance disputes, and also "divided" the maintenance responsibilities in the separation list. Which child gets how much property depends on how much support they have done.

I would like to remind you that the division of maintenance responsibilities is against the law, and such an agreement has increased disputes between children and even laid a hidden danger for litigation. The efforts made by the elderly to avoid maintenance disputes are also futile. Therefore, don't link the separation list with the maintenance responsibility, because "dividing the elderly" in the separation list is not conducive to the maintenance of the elderly. In short, family property can be divided, and families can't!

Can my son apply for a separate house? 3. The application process.

(1) Prepare the required materials.

Farmers who need to separate households should provide personal identity cards and household registration books, as well as land contract. At present, many people in rural areas do not apply for real estate licenses, and some need to provide them.

(2) Fill in the application information as required.

After farmers get the application form, they should fill in the corresponding information according to the contents of the form and then submit it to the village Committee for review. After passing, you should go to the local police station to stamp.

(3) Finally, relevant departments shall examine and approve the materials.

After the above process, the relevant departments will review the submitted information according to the household registration policy and approve whether it can be divided into households.

Second, the conditions for applying for household registration

1, you must be separated from your parents in life and have your own place;

2. Non-only-child families: Only-child families can inherit their parents' homesteads, so they cannot be divided into households;

3. The applicant must be at least 18 years old and be self-sufficient in economic life;

4. Divorce according to law after emotional breakdown. However, if it is to achieve the purpose of separating people from households, once the "fake divorce" is detected, it will be severely punished.

Three, the following five situations can apply for home.

1. If the husband and wife have been divorced for more than three years and have not lived together after divorce or the other party is married, they can be separated.

2, farmers have more than two sons, one of whom can apply for a separate household after adulthood, of which parents should be with a child, not a separate household.

3, a villager has more than two homestead, but the total area does not exceed the homestead standard, can be identified as a homestead.

4. Families with four generations living under one roof or the third generation in it runs in the family (including sons of the third generation) can apply for a second house if they meet the requirements for marriage and live in the same house and the existing housing area is below the maximum limit.

The above is the relevant knowledge about the process of applying for an account. As can be seen from the above, household registration needs to prepare ID cards, household registration books, marriage certificates and so on. Fill in the application form, declare and approve.