Measures of Ningbo Municipality on the Administration of Rural Homestead

Article 1 These Measures are formulated in accordance with the Land Administration Law of the People's Republic of China, Measures for the Implementation of the Land Administration Law of the People's Republic of China in Zhejiang Province, combined with the actual situation of this Municipality, in order to standardize and strengthen the management of rural residential sites, rationally utilize land and effectively protect cultivated land. Article 2 The term "rural homestead" as mentioned in these Measures refers to collectively owned land approved by rural villagers for building houses (including houses, ancillary houses and courtyards, the same below). Article 3 These Measures shall apply to the homestead management of rural villagers within the administrative area of this Municipality. Fourth city land administrative departments in charge of the city's rural homestead management and supervision. County (city) and district land administrative departments shall be responsible for the management and supervision of rural homestead within their respective administrative areas.

The township (town) people's government is responsible for the specific management of rural homestead within their respective administrative areas. Fifth rural market town and village planning must be scientifically compiled on the basis of the overall land use planning of the township (town).

Rural villagers' housing construction should conform to the planning of villages and market towns, and encourage natural villages to gather in central villages and towns; Encourage unified construction, joint construction and apartment building.

The construction of houses by rural villagers in urban planning areas shall conform to the overall urban planning and be approved by the local urban planning administrative department. 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 homestead in the village and the hilly land outside the village, strictly control the occupation of cultivated land in housing construction, and not occupy the land in the basic farmland protection area for housing construction.

If rural villagers really need to occupy cultivated land for building houses, it is mainly solved by 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, area and location of the householders who apply for the homestead, and send the relevant materials for the use of the homestead to the township (town) people's government for examination and approval, and submit them to the county (city) and district people's governments for approval. The approval results shall be published by the villagers' committee or the village economic cooperative.

Rural villagers who use agricultural land for residential construction 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, and approved by the villagers' committee or village economic cooperatives. Approved public land shall not be occupied for self-use 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 that the county (city) and District People's governments think can apply for building.

The spouses of national cadres and workers are rural hukou, and if the cadres and workers themselves live with them for a long time, they can apply for homestead with their spouses with the approval of their units. 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) other do not meet the conditions of building. Thirteenth county (city), the District People's government can give guidance on the rational distribution of rural homestead.

Village economic cooperatives or villagers' committees can use economic means to guide villagers to use their homesteads reasonably. Article 14 When urban cadres, workers, soldiers and other personnel who have been approved to settle in their hometowns apply for building houses, they shall go through the relevant formalities with the certificate of no room issued by the people's government of the township (town) where the original unit or the original account is located, and the standard of homestead area shall apply to the standard of settlement.

Overseas Chinese, compatriots from Taiwan, Hong Kong and Macao, overseas Chinese and families of martyrs who have settled in their hometowns apply for building houses, and their homestead area shall be implemented with reference to local standards.