Will the building area of homestead be demolished if it exceeds the standard?

First, the house will not be demolished. If the homestead area exceeds the standard, it is generally a problem left over from history. As long as it is not an illegal building, it will not be forcibly demolished.

Second, it will not affect the confirmation of the homestead. Most places will measure the area of the homestead when confirming it. If the calculation exceeds the standard, the state has relevant regulations in this regard.

First, how much the homestead area exceeds is illegal construction.

1. According to the law, no matter how much the rural homestead exceeds, the excess part is regarded as illegal construction, and houses can only be built within the area specified in the homestead certificate. A rural villager can only own one homestead, and the standard of homestead area includes ancillary buildings and courtyard land. The maximum amount of cultivated land shall not exceed125m2, that of other land shall not exceed140m2, and that of mountainous wasteland and barren slopes shall not exceed160m2. The land area of the homestead is limited to 75 square meters for three people or less, four people 100 square meters, five people100 square meters, and six people or more 125 square meters. The use of non-arable land, each file can be increased by up to 15 square meters, and the use of mountain slopes and barren hills can be increased by up to 35 square meters. The implementation of the transformation of old villages, the relocation area of immigrants down the mountain exceeds the land use index of more than 20 square meters, and the land use index of one grade can be relaxed;

2. Since the country put forward the concept of saving the use of homestead, many places in our country have issued stricter building standards, especially in the building height, which stipulates a clear upper limit, that is, the vertical floor of rural houses cannot exceed 3 floors, and the height limit of each floor is 3.3 meters. In other words, if the total height of a farm house exceeds 9.9 meters, it may be demolished. Moreover, even if the total height of farmers' houses does not exceed the upper limit of 9.9 meters, it is illegal to have more than three floors.

Two, the rural homestead area exceeds the standard, as follows

1. If rural villagers illegally occupy land to build houses without approval or by deception, the land administrative department of the people's government 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;

2, more than the standards prescribed by provinces, autonomous regions and municipalities directly under the central government, shall be punished as illegal land occupation.

legal ground

Land Management Law of the People's Republic of China

Sixty-second rural villagers can only own one homestead, and the area of their homestead shall not exceed the standards stipulated 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.

The state allows rural villagers who have settled in cities to voluntarily withdraw from their homesteads with compensation according to law, and encourages rural collective economic organizations and their members to actively use idle homesteads and idle houses.

The competent department of agriculture and rural areas in the State Council is responsible for the reform and management of rural housing sites throughout the country.

Article 77 Where land is illegally occupied without approval or by deception, the competent department of natural resources of the people's government at or above the county level shall order it to return the illegally occupied land; Violation of the overall land use planning, unauthorized conversion of agricultural land into construction land, demolition of new buildings and other facilities on illegally occupied land within a time limit, and restoration of land to its original state; In line with the overall land use planning, it shall be confiscated and may be fined; The person in charge and other persons directly responsible for the illegal occupation of land units shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Those who occupy land in excess of the approved amount shall be punished as illegal occupation of land.