How to apply for homestead by household

First, the conditions for applying for homestead by households

The land management law stipulates that rural villagers can only own one homestead, and the area of the homestead shall not exceed the standards set by provinces, autonomous regions and municipalities directly under the central government. Rural villagers who apply for homestead after selling or renting houses shall not be approved.

Rural villagers who meet one of the following conditions may apply for the use of homestead:

1, it is really necessary to separate households due to children's marriage and other reasons, and there is a lack of homestead;

2, the foreign population settled, became a member of the collective economic organization, no homestead;

3, due to the occurrence or prevention of natural disasters, the implementation of village and market town planning and the construction of township (town) village public facilities and public welfare undertakings, the need to move.

Rural villagers in any of the following circumstances, shall not approve the use of homestead:

1, under the age of 18;

2, the original homestead area has reached the required standard or can solve the household needs;

3. Sell or rent a house in the village.

Due to the differences in provincial regulations, it is necessary to consult the local land department before determining the details.

Second, the process of applying for homestead

Article 17 of the Measures for the Administration of Rural Homestead stipulates that:

Rural villagers applying for homestead shall submit a written application to the villagers' committee or village collective economic organization where their permanent residence is located, which shall be discussed and agreed by the villagers' committee or village collective economic organization. If there is no objection to the list of householders, family population, the number of rooms in the original house, the area and location of applying for building, etc. after obtaining the rural construction planning permit or the construction land planning permit, it shall be reported to the township (town) people's government for review, and the county land administrative department shall review it, which shall be approved by the county people's government.

Third, the homestead application form

_ _ _ _ Villagers' Committee:

I am a villager in my village _ _ _ (specify gender, date of birth, marital status and family status). Because _ _ _ _ _ _ (explain my actual situation, I don't have a house, live separately from my father, need a place to live, and so on. ), I am now applying for land allocation to build a house on this land. According to the relevant regulations of rural residents' building, we are now applying for the approval of homestead, and hope for approval.

Attachment: applicant's household registration book and ID card (the specific reasons for applying for rural homestead may depend on the situation).

Applicant: _ _ _

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _

As the basic guarantee of rural farmers' life, homestead belongs to farmers' security land. Because of marriage and separation, they often face the problem of building houses with homesteads.

Legal objectivity:

Article 13 of the Measures for the Administration of Rural Homestead may apply for a homestead under any of the following circumstances: (1) It needs to be relocated or rebuilt due to national or collective construction, relocation or disaster; (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 standards 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. Article 14 of the Measures for the Administration of Rural Homestead shall not be approved under any of the following circumstances: (1) Apply for a new homestead after the area of the homestead reaches the standards stipulated in these Provisions, except for the transformation of old villages 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.