Land consolidation policy

Legal analysis: With the end of rural land rights confirmation work, the issuance of rural land rights confirmation registration certificates, homestead use certificates, rural land contract certificates, and rural house property rights certificates will also end. At the same time, Nowadays, rural areas all over the country are promoting rural real estate registration to achieve "integration of real estate and land". Rural land, house and other property rights certificates will be replaced by real estate registration certificates. Nowadays, rural areas all over the country are carrying out land consolidation work, strictly controlling the red line of rural cultivated land, and ensuring the fertility of rural cultivated land. Article 36 of the "Land Management Law" stipulates: Non-agricultural construction must use land economically and must not occupy cultivated land; if farmers Land used for other purposes will be reclaimed. At the same time, Article 342 of the "Criminal Law" stipulates: Violating land management regulations and causing extensive destruction of cultivated land will be punished by fines and criminal detention. In serious cases, their land use rights will be revoked. In response to problems such as difficulties in obtaining homestead land for farmers, extensive utilization, and poor exit, it is necessary to improve the protection and acquisition methods of homestead rights and interests, and explore multiple ways to achieve housing security for farmers in different regions; In the case of occupying homesteads and multiple houses per household, explore the implementation of paid use; explore the voluntary paid withdrawal or transfer of homesteads within the collective economic organization by farmers who have settled in cities; reform the homestead approval system and give full play to the democratic management role of villagers' autonomous organizations.

Legal basis: Article 8 of the "Land Management Law of the People's Republic of China" Units and individuals that have made outstanding achievements in protecting and developing land resources, rationally utilizing land, and conducting relevant scientific research, etc. Rewards will be given by the people's government.

"Rural Homestead Management Measures"

Article 1 In order to standardize and strengthen the management of rural homesteads, rationally utilize land resources, and effectively protect cultivated land, according to the "People's Revolution of the People's Republic of China and the "Land Management Law of the People's Republic of China", "Property Rights Law of the People's Republic of China", "Urban and Rural Planning Law of the People's Republic of China", "Zhejiang Province Measures for the Implementation of the "Land Management Law of the People's Republic of China" and other laws , regulations and policy provisions, and combined with the actual situation of the county, these measures are formulated.

Article 2 The term “rural homestead land” as mentioned in these Measures refers to the collectively-owned land legally used by rural villagers or approved in accordance with the law for the construction of residences (including auxiliary buildings and courtyards, the same below).

Article 3: These measures apply to the management of rural homesteads within the administrative region of this county.

Article 4 The county land administration department shall be responsible for the management and supervision of rural homesteads within its own administrative region. Township (town) people's governments are responsible for the management and supervision of rural homesteads within their own administrative areas.

Article 5 The construction of residences by rural villagers must comply with the overall land use plan of the township (town) and the urban and rural planning. Encourage natural villages to gather in central villages, downhill immigrants, and poverty alleviation communities; encourage unified construction, joint construction, and the construction of apartment-style residences, and control independent residences. Strictly control the scale of land use, and the per capita construction land quota should comply with relevant regulations. Strictly control the construction of houses in areas prone to geological disasters and the use of mountain slopes. If it is really impossible to avoid it, it should be managed to meet safety requirements before construction can be carried out.

Article 6 The construction of residences by rural villagers should be combined with the renovation of old villages, land consolidation, and homestead reclamation, making full use of the original homesteads, vacant land in the village, and hills and slopes around the village, and strictly controlling Occupying cultivated land to build residences shall not be allowed to build residences within the basic farmland protection zone.

Article 7 Rural villagers who build residences (including new construction, expansion, relocation, and demolition) must go through land use approval procedures in accordance with the law. Those involving the occupation of agricultural land should go through the approval procedures for agricultural land conversion in accordance with the law; those involving transportation, forest land, water conservancy and other land use should also obtain permission or consent from the relevant departments respectively.

Article 8 The ownership of rural villagers’ homesteads belongs to the collective, and individuals only have the right to use it. No one may transfer or rent it without approval. If it is necessary to adjust the homestead site when implementing village and town planning to renovate old villages and old cities, the original homestead user shall comply.