Detailed Rules for the Implementation of Measures for the Administration of Homestead in Guangdong Province

Measures for the administration of rural homestead

chapter one

General rule

Article 1 In order to standardize and strengthen the management of rural residential sites, rationally utilize land resources and effectively protect cultivated land, according to the Land Administration Law of the People's Republic of China, the Property Law of People's Republic of China (PRC), the Urban and Rural Planning Law of People's Republic of China (PRC), the Measures of Zhejiang Province for Implementing the Land Administration Law of the People's Republic of China and other laws, regulations and policies.

Article 2 The term "rural homestead" as mentioned in these Measures refers to the collectively owned land used by rural villagers or approved for the construction of houses (including ancillary houses and courtyards, the same below) according to law.

Article 3 These Measures shall apply to the management of rural homestead within the administrative area of this county.

Fourth county land administrative departments responsible for the administrative area of rural homestead management and supervision.

The township (town) people's government is responsible for the management and supervision of rural homestead within its administrative area.

Fifth rural villagers to build houses must conform to the township (town) overall land use planning and urban and rural planning. Encourage natural villages to move to the central village, move down the mountain and gather in poor communities; Encourage unified construction, joint construction and allocation of apartments, and control independent houses.

Strictly control the scale of land use, and the per capita construction land index conforms to relevant regulations.

Strictly control the areas prone to geological disasters and use hillside to build houses. If it is really unavoidable, we should try to meet the safety requirements before construction.

Article 6 Rural villagers' housing construction should be combined with the transformation of old villages, land consolidation and homestead reclamation, make full use of the original homestead, the land in the inner village and the hilly slopes around the village, strictly control the occupation of cultivated land for building houses, and not build houses in basic farmland protection areas.

Seventh rural villagers to build houses (including new construction, expansion, relocation and demolition) shall go through the formalities for examination and approval of land use according to law. Involving the occupation of agricultural land, it shall go through the examination and approval procedures for the conversion of agricultural land according to law; Involving transportation, forest land, water conservancy and other land, it should also obtain the permission or consent of the relevant departments.

Eighth rural villagers homestead ownership belongs to the collective, individuals only have the right to use. No one may transfer or lease it without approval. If it is necessary to adjust the homestead for the transformation of old villages and old cities due to the implementation of town planning, the users of the original homestead shall obey.

chapter two

Application conditions and approval procedures

Ninth rural villagers can only own a homestead, homestead area standards (including ancillary buildings, courtyard land), the maximum shall not exceed cultivated land 125 square meters; Other land shall not exceed140m2; Conditional use of mountainous wasteland, barren slopes, not more than 160 square meters.

The land area of homestead is limited to 75m2 for farmers with three or less people, 4-person farmers 100m2 and 5-person farmers 1 10m2; Farmers with 6 or more people are within125m2.

If non-cultivated land is used, the maximum increase of each file can be15m2; Where there are conditions to use barren slopes and barren hills to build houses in mountainous areas, each file can be increased by up to 35㎡.

The implementation of the transformation of old villages, down the mountain resettlement demolition area beyond the land quota of more than 20 m2, can relax a level of land quota.

Tenth housing farmers population calculation:

(a) the calculation of the housing population is based on the rural permanent residence of the household. Has received the one-child certificate, can increase one person to calculate the housing population;

(2) Servicemen (excluding officers), college students and prisoners can calculate the housing population. If the spouse of an urban resident is a rural hukou and does not enjoy the housing reform policy, it can be included in the housing population when his spouse applies for housing construction after verification and certification by his unit;

(three) in violation of the provisions of the family planning policy has not been dealt with according to law, do not calculate the housing population.

Eleventh homestead area calculation:

(a) buildings and structures are bounded by external walls, and splicing is bounded by walls or columns;

(2) Balcony and stairs, etc. Pick out, according to the vertical projection of the protruding part, but not to build the bottom;

(three) two or more households use the same plot, according to the proportion of the construction area and the total area of housing property rights; The land in the alley uses half of the area shared by the farmers upstairs, and the rest is the area of * * *;

(four) through the purchase of commercial housing and public paid transfer to obtain the right to use state-owned land or collective land paid transfer to obtain the right to use collective land is not included in the homestead area.

Twelfth children who meet the conditions of building a household apply for the calculation limit of homestead. In addition to leaving a reasonable limit, parents should reasonably calculate the excess to their children's households.

Farmers whose existing homestead area exceeds the limit shall reduce the excess when applying for the demolition of old houses according to the plan.

Thirteenth in any of the following circumstances, you can apply for homestead:

(a) because of national or collective construction, immigration, disasters and other needs to relocate and rebuild;

(two) the implementation of 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 quota standard stipulated in these measures and needs to be rebuilt or expanded;

(four) with household conditions and the original homestead area has not yet reached the limit standard stipulated in these measures, which 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 rural collective economic organizations really need 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 original places to settle down;

(seven) as otherwise provided by laws, regulations and rules.

Fourteenth in any of the following circumstances, the application for homestead shall not be approved:

(a) before applying for a new homestead, the area of the homestead has reached the prescribed standard, except for the transformation of the old village for the implementation of village and market town planning;

(2) Renting, selling or transferring the homestead and the above-ground buildings in other forms (except for the unreasonable adjustment due to the lack of housing users), or applying for the homestead after converting the house into other uses;

(three) all family members as a family to apply for homestead and get approval, do not have the conditions of household or unreasonable household to apply for homestead;

(four) the children have set up a household and meet the conditions for setting up a household, and the parents apply for a homestead separately;

(five) the implementation of the transformation of old villages or the implementation of planned natural village merger, building on the original homestead;

(six) houses that do not need to live are not demolished, and the homestead is not returned to the village collective;

(seven) illegal housing is not dealt with according to law;

(eight) other do not meet the conditions of building.

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 the village collective to build a new house and demolish the old house 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.

Sixteenth because of the township (town) village public facilities and public welfare undertakings or the implementation of urban, market town and village planning for the transformation of the old city, old town and old village, approved by law to recover the land use right, give appropriate compensation to the land use right holder; Buildings on the ground can be given reasonable compensation according to their actual conditions.

Article 17 When applying for a homestead, a rural villager shall submit a written application to the villagers' committee or the village collective economic organization where his permanent residence is located. After discussion and consent by the villagers' committee or the village collective economic organization, and no objection after publication of the number of households applying for a homestead, family population, existing houses, and the area and location of applying for building, after obtaining a rural construction planning permit or a construction land planning permit, it shall be reported to the township (town) people's government for examination and approved by the county land administrative department.

Article 18 Workers, soldiers and other personnel who have been approved to settle in their hometowns to apply for building houses shall apply for building houses only after obtaining the consent of the villagers' committee or the village collective economic organization in their original units or the people's government of the township (town) where they live. The standard of homestead area is treated equally with villagers.

Overseas Chinese, compatriots from Taiwan, Hong Kong and Macao and overseas Chinese who have been approved to settle in their hometowns apply for building houses. They can only apply for building houses with the consent of the villagers' committee or the village collective economic organization where their household registration is located. The homestead area can be implemented with reference to Article 9 of these Measures.

Nineteenth rural villagers to build houses, should be strictly in accordance with the approved homestead area, planning floors, height and quality standards for construction. The township (town) people's government and the village shall strengthen the supervision and management in the process of building houses for farmers, and the land administrative departments at the county level shall be present at the audit, lofting and acceptance of building houses for farmers.

Article 20 Individuals who build houses on legally acquired land shall go through the registration of land use rights in accordance with relevant regulations. Farmers apply for land registration and obtain collective land use certificates within 30 days after the completion and acceptance of buildings.

If the land use right is changed due to the transfer of buildings, structures and other attachments on the ground according to law, it shall apply to the county land administrative department for registration of land use right change within 30 days after the contract comes into effect.

chapter three

management by supervision

Twenty-first rural villagers illegally occupy land to build houses without approval or by deception, and the land administrative departments of the people's governments at or above the county level shall order them to return the illegally occupied land and dismantle the newly built houses on the illegally occupied land within a time limit.

Exceeding the standards stipulated in these Measures, the occupied land shall be punished as illegal occupation of land.

Twenty-second illegal occupation of land or occupation of more than the approved area of land for residential construction, the county land administrative departments shall be ordered to stop construction; Those who refuse to stop or continue construction have the right to dismantle some buildings and other facilities that continue to be illegally robbed, and may seal up or temporarily detain tools, equipment and building materials used for construction. The township (town) people's government and relevant departments shall provide assistance and cooperation.

Twenty-third in the township and village planning area without obtaining a rural construction planning permit or not in accordance with the provisions of the rural construction planning permit, the township and town people's government shall order it to stop construction and make corrections within a time limit; If it is not corrected within the time limit, it can be cleared.

Twenty-fourth in violation of the provisions of Article 15 of these measures, the county land administrative department shall order the return of the land use right within a time limit, and if it is not returned within the time limit, it shall apply to the people's court for compulsory execution.

Twenty-fifth in violation of the provisions of article twentieth of these measures, not timely registration of land use rights, the county land administrative departments shall be ordered to handle within a time limit; If it is not handled within the time limit, it shall be given a warning and may be fined up to 2000 yuan. Failing to register the land use right in time, the county land administrative department shall order it to be handled within a time limit; Overdue correction, given a warning, and may impose a fine of more than 20 yuan and less than 65 yuan per square meter.

Twenty-sixth hinder, interfere with or obstruct staff from performing official duties according to law, and be punished in accordance with the relevant provisions of the "People's Republic of China (PRC) Public Security Management Punishment Law"; If the case constitutes a crime, it shall be transferred to judicial organs for criminal responsibility.

Twenty-seventh county land administrative departments of staff dereliction of duty, abuse of power, corruption, shall be given administrative sanctions; If a crime is constituted, criminal responsibility shall be investigated according to law.

chapter four

Supplementary rules

Twenty-eighth if these measures conflict with the relevant provisions of the superior, the provisions of the superior shall prevail.

Twenty-ninth these Measures shall come into force as of June 65, 2008 +0.