The village committee may forcibly recover the homestead.

Under normal circumstances, the village Committee cannot forcibly recover the homestead. However, in any of the following circumstances, the village committee has the right to recover the villagers' homestead: the homestead has been idle for more than two years; Improper use of homestead; Obtaining the homestead through improper behavior; More than one household; The ownership of the homestead is unclear; Due to the needs of rural construction, it was listed as the object of collection by the state and given reasonable compensation.

Homestead refers to the collectively owned land occupied by rural farmers or individuals as a living base. Homestead includes built houses, built houses or land decided for building houses. There are three kinds of homestead: land with built houses, land with built houses but no roof or uninhabitable land, and planned construction land. Homestead ownership belongs to rural collective economic organizations. The right to use the homestead shall not be transferred separately, and it shall be deemed invalid in any of the following circumstances:

1, purchased by a legal person or other organization.

2. The transferor has not been approved by the collective organization.

3. Transfer to a person other than a member of a collective organization.

4. The transferee's existing house does not meet the allocation conditions of homestead.

5. The transferor owns two or more rural houses.

6. Transfer of members within the same collective economic organization.

7. The transferee has no housing and homestead, which meets the distribution conditions of the right to use the homestead.

8, the collective organization agreed to transfer behavior.

9. The right to use the homestead shall not be transferred separately, and the land shall be transferred together with the house.

Homestead is a collective construction land used by rural villagers to build houses and their ancillary facilities, including houses, ancillary buildings and courtyards, and belongs to (collective) construction land in land management. The right to use homestead refers to the usufructuary right of rural villagers to build and keep houses and their ancillary facilities on collectively owned land according to law. The obligation of the right to use the homestead is mainly to use the homestead in accordance with the prescribed purposes. The homestead is used to build villagers' houses, and the right to use the homestead shall not be used for other purposes without authorization, such as using the homestead to build factories, hotels and hotels. However, considering the actual situation of rural areas in China, if rural villagers only use their own houses to engage in small-scale and family-style production and business activities, it does not belong to the purpose of homestead change.

legal ground

Interim Measures for the Management of Rural Homestead (Draft for Comment)

Fifteenth in any of the following circumstances, with the approval of the county people's government, the certificate of land use right or the relevant approval documents can be cancelled, and the village collective can recover the right to use the homestead:

(a) the homestead has not started construction for two years from the date of approval (except in special circumstances);

(two) when the homestead is submitted for approval, it promises to build a new house or demolish an old house to the village collective without demolishing the old house by itself;

(three) the village that has been approved to implement the transformation of the old village or the migration down the mountain has moved into the original homestead where the new house (village) lives;

(four) obtaining approval or illegally transferring the homestead;

(five) other circumstances in which the right to use the homestead should be recovered.