Is it necessary for the village to approve the homestead?

1. Can the homestead be approved after the village changes its residence?

Rural villagers who meet the requirements for applying for homestead shall apply to the collective, which shall be discussed and approved by the villagers' representative meeting or the villagers' meeting, and reported to the Township People's Government for approval by the villagers' committee.

Second, how to confirm the homestead

The steps of rural homestead confirmation are as follows:

First, the users of the homestead, that is, the people who are using the homestead now, receive the application registration form for the right to use the rural homestead issued by the local land management department. Only one homestead can be filled in, which means that farmers with more than two homesteads can only confirm one homestead.

Second, the homestead used by villagers should also be certified by the local village committee or town government as the source of the land, such as the procedures for the examination and approval of the homestead and the housing planning permit.

Third, according to the farmers' application, the local land department conducts on-the-spot investigation and records on the scope, boundary address, ownership nature and use of farmers' own homesteads, which are confirmed by the neighboring parties, fills in the homestead cadastral questionnaire, and draws the plot sketch to prepare for the cadastral investigation. This is a common investigation team in the village recently. They are mainly responsible for defining the location of farmers' homesteads.

Fourthly, in the process of survey, farmers from adjacent plots of this land should be organized to identify their respective boundaries at the site, and the boundaries and boundary points recognized by both parties should be signed and sealed together.

Fifth, after the survey is completed, the land authorities will make an announcement if they think that the boundary is clear and uncontroversial. If anyone has any objection to this homestead, please indicate how long it will take.

Sixth, after the announcement, and no one raises any objection, after the expiration of the announcement, the local county-level government will issue the certificate of rural homestead use right. At this point, farmers can be regarded as having obtained the right to use the homestead, and this homestead can be regarded as owned by farmers.

Third, how to identify rural collective members when the homestead is confirmed?

1, the principle of identifying members of rural collective economy: adhere to the principle of law and policy; Adhere to the principle of respecting the wishes of the masses and democratic decision-making; Adhere to the principle of following history and acknowledging reality.

2. Identification unit of rural collective economic members: insist on confirming the membership of rural collective economic organizations by administrative villages.

3. Meaningless membership of rural collective economic organizations: In a round of land contracting, farmers who have obtained the land contractual management right of the collective economic organizations and their derived agricultural population have the membership of the collective economic organizations.

4, according to the policy of relocation, strong debris flow prone areas, poor living conditions and other policy immigrants, according to the following circumstances to enjoy the membership of collective economic organizations:

(1) The original village has been cancelled, and the whole village or several villages have been merged and moved to different places, and the resource assets have been brought into the receiving village or the newly-built village. Relocation personnel shall confirm their membership in the village collective economic organization according to their household registration location. The length of service and the members of the current collective economic organizations are registered synchronously and calculated by sections.

(2) The original village has been demolished, but the resource assets have not been taken away. The relocation personnel shall confirm the membership of the collective economic organization according to the domicile. The length of service shall be registered synchronously with the members of the current collective economic organization, but the length of service before relocation shall be verified and registered by the current collective economic organization, and a certificate shall be issued. I hold this certificate to the township and village collective economic organizations to which the resource assets belong for verification and confirmation.

(3) the original village has not been demolished, and the demolished personnel shall confirm their membership in the collective economic organization according to their household registration location. The length of service is registered by the members of the current collective economic organization, but before the relocation, the current collective economic organization will issue a certificate after verification and registration, and I will return the certificate to the original collective economic organization for verification and confirmation.

(4) In addition to the provisions of Article 4, if the relocated personnel have returned the contracted land to their registered permanent residence and moved out of the village collective economic organization, they have fulfilled their corresponding obligations according to the provisions of the collective economic organization where the registered permanent residence is located and obtained the membership of the current collective economic organization; If the contracted land has not been returned to the household registration and moved out of the village collective economic organization, it shall fulfill the corresponding obligations in accordance with the provisions of the original collective economic organization and obtain the membership of the original collective economic organization.

(5) People registered in small towns in agricultural registered permanent residence can be regarded as members of collective economic organizations, but they are different from those in agricultural registered permanent residence. They will get half of the household registration share and calculate their working years until the reform benchmark date.

(6) Persons who leave their jobs due to land acquisition, job change and other reasons and are employed in the collective economic organization shall have family members of the collective economic organization.

(7) Those who are replaced by children from agricultural registered permanent residence to agricultural registered permanent residence do not enjoy the membership of collective economic organizations.

(8) among the members of this collective economic organization, conscripts serving in the army and non-commissioned officers who meet the relevant provisions of the state still enjoy the membership of this collective economic organization.

(9) Students who change from agricultural registered permanent residence to non-agricultural registered permanent residence still enjoy the membership of collective economic organizations.

(10) If a person from another province or city marries a member of the collective economic organization due to marriage, but cannot move into the household registration temporarily due to the household registration policy, the membership of the collective economic organization shall be confirmed on the basis of his marriage certificate.

(1 1) Married women whose registered permanent residence is still in the village collective economic organization shall enjoy the membership of this collective economic organization; After the divorce, the registered permanent residence is still in the village collective economic organization, and the agricultural population who continues to produce and live in the village enjoys the membership of this collective economic organization.

(12) As members of this collective economic organization, prisoners and reeducation-through-labor personnel enjoy the membership of the village collective economic organization. The length of service is not calculated during the prison term.

(13) benchmark for the reform of the property right system of village collective economic organizations. Recently, in any of the following circumstances, they are no longer defined as members of collective economic organizations and do not enjoy any rights and interests of village collective economic organizations: dead people; Persons whose registered permanent residence has moved out of the city (excluding those involved in Article 9 and 10); Registered staff of party and government organs and institutions and their retirees.

To sum up, to apply for a homestead after the village changes its residence, it is necessary to reach an agreement with the local rural collective organization, and then the collective will apply to the county government for approval.

Legal objectivity:

According to Item (1) of Article 1 of Opinions on Further Strengthening the Examination and Approval Management of Rural Villagers' Homestead, if rural villagers' homestead occupies construction land, it shall be handled according to the following procedures: 1 Villagers in agricultural registered permanent residence, who meet the application conditions of homestead in their village, apply to the villagers' committee; 2. After receiving the application, the villagers' committee conducts a preliminary examination of the application materials submitted by the applicant; 3. The villagers' committee shall organize villagers' meetings or villagers' representative meetings to vote, form a written resolution, and publicize the voting results in the village; 4. If there is no objection at the expiration of the publicity period, the village committee will sign an opinion on the application review form of rural villagers' homestead and submit the application materials to the town government (street office) for review; 5, the town government (street offices) to the planning department to handle the relevant procedures; 6, the town government (street offices) in the "rural villagers homestead application audit form" signed opinions, the application materials submitted to Changping Land Branch audit; 7, land Changping Branch for examination and approval, submitted to the district government for examination and approval. (two) the villagers' homestead involves the occupation of agricultural land and unused land, and must first report to the municipal government for the examination and approval procedures for the conversion of agricultural land and unused land. According to Item 3 of Article 7 of the Interim Measures for the Administration of Rural Homestead Housing Construction in Changping District, Beijing, the construction of homestead housing shall not harm the public interests and the legitimate rights and interests of others, and shall be implemented according to the following standards: 1, mainly low-rise buildings, with no more than 2 floors and no more than 3.6m floors; 2, single-storey residential eaves height shall not exceed 3.6 meters, the second floor residential eaves height shall not exceed 7.2 meters; 3. The living area shall not exceed 85% of the homestead area that should be approved according to law.