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Ruian rural homestead
Homestead refers to built houses and land that has been built or decided to be used for building houses, including three types: land with built houses, land with built houses but no roof, uninhabitable land and land planned for building houses. Let's take a look at the content of Ruian rural homestead first!
Huang, deputy director of the Bureau of Land and Resources of Ruian City, said that the promulgation of the "Measures" marked that there was a normative document for the examination and approval of rural homesteads in Ruian City. It is of milestone significance to standardize the examination and approval procedures of rural homestead in Rui 'an, strengthen the management of rural housing construction and establish a standardized and orderly rural homestead management system.
For the hot issues of concern to the masses in the Measures, the person in charge of the land and resources window of Ruian Administrative Examination and Approval Service Center explained them one by one.
What is the biggest highlight of the Measures?
The biggest highlight of the "Measures" is to delegate the right to examine and approve homesteads to Jie Zhen. From June 5438+ 10 this year, Jie Zhen is responsible for the planning and construction management of rural housing construction within its jurisdiction, and is entrusted by the municipal government to be responsible for the examination and approval of homestead, but it must be reported to the land and resources department for the record.
The person in charge said, actually farmers? Is it difficult to build a house? Not without land, but because of the muzzle of various relationships. It should be said that most rural villagers have a homestead more or less, and farmers have private plots and study places in front of and behind their houses. The promulgation of the "Measures" is conducive to optimizing the planning space of farmers' housing land.
With regard to the problem of building houses by households without houses and households in danger, Jie Zhen is responsible for carrying out a special investigation on the utilization of rural residential sites, making an annual rural villagers' housing construction plan, defining the list of building households, planning and site selection, land use scale, time sequence arrangement and planning to implement safeguard measures.
The housing construction plan of each village was discussed and approved by all villagers' meetings (or villagers' representative meetings) and publicized without objection. After being audited by Jie Zhen, it was reported to the Ruian Municipal Bureau of Land and Resources for the record.
Ruian Housing and Urban-Rural Planning and Construction Bureau and Ruian Land and Resources Bureau are responsible for the examination, approval, supervision and management of rural housing construction in the city, and authorize their grass-roots units to be specifically responsible for the acceptance, site selection, publicity, audit, filing, ownership registration and daily construction supervision of rural villagers' housing construction within their respective jurisdictions.
What conditions do you need to apply for building a house?
According to the provisions of the "Measures", those who meet the conditions for applying for new homestead construction and expansion include families without houses or families that meet the conditions for separation of households; Due to the threat of geological disasters or uninhabitability, it is necessary to relocate and build new buildings in different places; Existing houses (homesteads) have been incorporated into scenic spots, cultural relics protection, water conservancy, highways, railways, high-pressure corridors and other control areas and cannot be demolished and rebuilt on the spot; According to the plan to adjust the homestead, it is necessary to build houses in different places; The existing housing has a per capita construction area of less than 30 square meters and cannot be rebuilt on the original homestead.
Among them, there are two main types of families that have no households or meet the conditions of separation between households: families with two or more children (and their household registration is in the village), and one of the children can be separated if they get married or reach the legal age of marriage, but one or both parents must follow one of them; Families with more than three generations (including three generations) living under the same roof can be divided into households if their descendants get married or reach the legal age of marriage.
In addition, the application of rural villagers to use the original homestead for house demolition and reconstruction (or joint construction and joint construction) should meet three conditions: the village construction plan has been compiled in the area of house demolition and reconstruction, and the scope of demolition and reconstruction meets the relevant requirements of village construction planning land; The demolition and reconstruction of housing land and property ownership, population and other documents, proof materials are clear; Provide relevant stakeholders and village collective economic organizations with written opinions on demolition and reconstruction.
The "Measures" pointed out that the housing construction of rural villagers should conform to the overall land use planning, village construction planning and? One household, one house, tearing down old buildings and building new ones, legal area? Requirements, try to use the original homestead, the village outside the village and the hilly slope around the village; Encourage the construction of apartments; Strictly control the occupation of cultivated land for building houses. It is reported that our city will strive to use three to five years to realize the dream of housing for households without housing and households in danger.
How to define the homestead area and housing construction area?
As for the standard of homestead area (including the construction area of houses and ancillary buildings and the area of courtyard land, etc.). ), the "Measures" stipulates that the application for new construction, renovation and expansion of housing by using existing homestead and existing land: the land area of small households (less than 3 people) does not exceed 80 square meters; The land area of middle households (4 to 5 people) shall not exceed 100 square meter; The land area of large households (more than 6 people) shall not exceed140m2.
The person in charge said that if the original homestead area cannot meet the construction area demand, it can apply for using incremental land (agricultural land and unused land) to build, rebuild and expand houses.
The "Measures" stipulate that the application for incremental land (agricultural land and unused land) for new construction, renovation and expansion of housing: the land area of small, medium and large households shall not exceed 60 square meters, 80 square meters and 1.25 square meters respectively.
Housing construction area standards are as follows:
If the original homestead area is used for house demolition and reconstruction (or joint reconstruction), the building area of a natural homestead house shall not exceed 180 square meters (generally up to 4 floors).
Use new homestead (or increase the original homestead area) to build, rebuild and expand houses. Under the premise of ensuring that the per capita housing construction area is not less than 40 square meters, the housing construction areas of small, medium and large families shall not exceed 180 square meters, 240 square meters and 300 square meters respectively.
For example, Lao Wang Jia has 1 two-story old house, 1 woodshed, Taoist altar and reserved homestead 150 square meters. Lao Wang's two sons are married and each has a child. There are still eight people who haven't separated. According to the "Measures", Lao Wang Jiating can apply for a new batch of homestead building (expansion) houses, so that the maximum land area of homestead is 140 square meters, and a new house with a building area of 300 square meters can be built.
The person in charge said that the above principles are only used as a big framework. In practice, the land area and housing construction area of homestead depend on comprehensive factors, and applicants need to decide according to their actual needs, such as whether to divide households (meet the conditions) and whether to apply for incremental land.
Further reading: Interim Measures on the Disposal of Homestead Left over from History in Ruian City
Regarding the Interim Measures for the Disposal of Homestead Left over from History in Ruian City, I would like to ask about the registration of rural houses of non-village villagers:
The first question: My father bought two houses in Rui 'an Waicun 1995 because of the poverty of eiderdown, and reformed the original houses through examination and approval, and handled the property right certificate. The rest of the houses were not registered due to weak legal awareness, and the rest were built by 1980 neighboring villagers. Can I register now? What documents do you need?
The second question: rural houses are not in the same village. According to this method, in principle, it is required to report on a village basis. If the village collective outside the village deliberately fails to provide the corresponding certificates or seals to safeguard the interests of the village, how can we guarantee the legitimate rights of the villagers outside the village? Can I declare directly across villages?
The Bureau of Land and Resources replied:
1. If the house was built before 1980, according to the Provisions on Determining Land Ownership and Use Right and the Opinions of the General Office of Zhejiang Provincial People's Government on Accelerating the Registration and Certification of Rural Homestead Ownership in the Province, 1982, before the implementation of the Regulations on the Management of Rural Construction Land, farmers occupied the homestead to build houses, and no expansion or reconstruction has been carried out so far. In addition, your household purchased it from villagers in other villages, and the land registration must meet the five requirements of the Reply of Ruian Municipal People's Government on Historical Issues of Rural Homestead (Ruian [2008] 1 93).1,the transferor has obtained the collective land use right certificate; 2. The transferee obtained the property ownership certificate before June 65438+1October 2 1 2004 (regardless of village); 3. The transferee is one of the following objects: (1) agricultural registered permanent residence within the city; (2) Shanxi water conservancy project immigrants; (three) workers, soldiers and other personnel who have settled in their hometowns; (four) overseas Chinese, compatriots from Taiwan, Hong Kong and Macao and overseas Chinese who have settled in their hometowns; 4. The local villagers' committee agrees to transfer the land use right; 5. Does the local township government and village committee prove their compliance? One household and one house? Requirements, the homestead area does not exceed the standard stipulated by Zhejiang Province (120m2).
2. The construction time in the question you consulted is 1980, and the Interim Measures for the Disposal of Historic Homestead in Ruian City is not applicable. Thank you for your concern and support for land and resources work.
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