Can the homestead without a house be confirmed?

First, can the homestead without a house be confirmed?

According to Article 15 of the Measures for the Administration of Rural Homestead: "Under any of the following circumstances, with the approval of the county people's government, the land use right certificate or 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. "

If there is no homestead to build a house, it is necessary to decide whether it can be confirmed according to the idle years of the homestead. Rural homestead idle or abandoned for two years, the village collective has the right to recover the homestead or not to confirm.

Second, what is the homestead "one household, one house"

"One household, one house" means that a rural villager can only apply for a homestead that meets the prescribed area standard. "Household" is a rural natural household rather than a rural contracted business household. "One household and one house" is no longer the homestead of one household and one house, but one household and one house. The distribution of homestead embodies the strict identity attribute. Rural villagers can only apply for homestead in the place where they are registered, but not in other villages. Due to the scarcity of land resources, it is stipulated that each household can only own one homestead to ensure that every farmer can get a place to live, which conforms to the people's hearts to a great extent, conforms to people's simple concept of fairness, and also realizes the basic social security in rural areas.

Third, the change of the transfer policy of the right to use the homestead.

In the past, policies and laws emphasized the non-transferability of the right to use rural homestead, and the fundamental starting point was to stabilize the order of land management, protect rural land resources and guarantee farmers' right to live.

At present, the state's policy on the transfer of homestead use right has changed. The state encourages village collectives and farmers to make full use of idle homesteads and houses, and develop farmhouse music, homestays and rural tourism according to laws and regulations through independent operation, cooperative operation and entrusted operation. The land appreciation income generated by the active use of idle homesteads should all be used for agriculture and rural areas. At present, all localities are exploring the demonstration contract of homestead circulation to guide and standardize the circulation behavior. After the transfer contract comes into effect, the procedures for changing the right to use the homestead shall be handled in time. In order to ensure the efficient use of rural land, the long-term idle homestead cannot be determined.

Legal objectivity:

Measures for the Administration of Rural Homestead Article 17 When applying for a homestead, rural villagers shall submit a written application to the village committee or village collective economic organization where their permanent residence is located. With the consent of the villagers' committee or the village collective economic organization, if there is no objection after the announcement of the list of the head of the household, family population, existing housing area, housing area and location to be built, the rural construction planning permit or construction land planning permit shall be obtained and submitted to the Township People's Government for examination and approval, and the county land administrative department shall examine and approve it. Article 209 of the Civil Code states that the establishment, alteration, transfer and extinction of the real right of immovable property shall take effect after being registered according to law; Without registration, it will not take effect, except as otherwise provided by law. Natural resources owned by the state according to law may not be registered.