Rural homestead and real estate integration policy

Article 12 of the Land Management Law of the People's Republic of China stipulates that the ownership and use right of land registered according to law shall be protected by law, and no unit or individual may infringe upon it. Unified registration of real estate can better implement the provisions of the property law, ensure the safety of real estate transactions, reduce the burden on the masses and duplication of work, and effectively protect the legitimate property rights of real estate owners.

First, what is the registration of rural real estate ownership?

Rural real estate ownership registration refers to the unified ownership investigation, unified ownership registration and unified certification of rural homestead and collective construction land use rights and above-ground housing ownership. In the past, the right to use the homestead was based on the collective land use certificate, and the house was based on the house ownership certificate. Now, after registration, the certificate of immovable property right is issued at the same time as land right and housing right.

Second, why should we register the ownership of real estate in rural areas?

The registration of rural real estate ownership is the basis of implementing rural revitalization strategy, promoting rural system reform, accelerating the integration of urban and rural development, and promoting the reform of "separation of powers" of homestead. Through the registration of rural real estate, we can confirm and protect the right to use rural homestead and collective construction land and house ownership, give farmers more property rights, provide property rights protection for farmers to increase their property income, lay the foundation for agricultural and rural development, and provide support for the full implementation of rural revitalization strategy.

Article 9 of the Property Law of People's Republic of China (PRC) stipulates that the establishment, alteration, transfer and extinction of real property rights shall take effect after being registered according to law; Without registration, it will not take effect, except as otherwise provided by law. Article 12 of the Land Management Law of the People's Republic of China stipulates that the ownership and use right of land registered according to law shall be protected by law, and no unit or individual may infringe upon it. Unified registration of real estate can better implement the provisions of the property law, ensure the safety of real estate transactions, reduce the burden on the masses and duplication of work, and effectively protect the legitimate property rights of real estate owners.

3. What are the principles and contents of the real estate confirmation registration survey?

This survey focuses on the ownership, location and boundary (four to four) of homestead and collective construction land in accordance with the requirements of the Technical Scheme of Rural Real Estate Ownership Investigation (Trial) and the principle of "legal ownership, clear boundary and accurate area", and simultaneously carries out the investigation and measurement of above-ground houses and their ancillary facilities to ensure farmers' full rights and interests in homestead and farm houses.

4. What are the principles and ideas for confirming registration?

Rural real estate ownership registration strictly implements the policy of "one household, one house", which is uniformly organized and implemented by the county government. In accordance with the principle of "respecting history, facilitating the people and benefiting the people, adjusting measures to local conditions, overall planning, step-by-step implementation and gradual coverage", the town (street) is organized in a centralized and unified manner, and the town planning and construction supervision and management institution and the village (neighborhood) committee cooperate to carry out the ownership survey, confirm the survey results, and provide registration certification materials as required. The property right investigation follows the principle of "full coverage", and the registration of property right confirmation follows the principle of "all should be issued". After the property right investigation is completed, according to the Provisional Regulations on the Registration of Real Estate, the Detailed Rules for the Implementation of the Provisional Regulations on the Registration of Real Estate, the Code of Practice for the Registration of Real Estate (for Trial Implementation) and other relevant regulations, a certificate of ownership of real estate will be issued to those who meet the conditions for the registration of ownership confirmation.

5. What is the scope of registration?

In line with the overall land use planning and rural construction planning, with legal ownership sources, and provide complete registration materials on time, rural homestead and collective construction land and buildings (structures) within the parcel shall be registered.

6. What does not belong to the scope of registration?

1. The ownership dispute has not been resolved;

2. More than one household does not meet the requirements of household division;

3. One household and one house, exceeding the specified area;

4. Non-village hukou, homestead and house have no inheritance or legal examination and approval procedures;

5. Urban residents buy and build houses with small property rights;

6 does not conform to the overall land use planning, rural construction planning;

7. There is no legal source, the registration materials are not provided on time or the registration materials are incomplete;

8. Idle homestead, collapsed uninhabited houses and independent toilets, pigsty, cowshed and other ancillary facilities are included in the scope of urban and rural construction land requisition, demolition, increase or decrease and collective construction land remediation;

9. Other circumstances in which registration is not allowed according to laws and administrative regulations.

7. What materials should I submit to apply for real estate registration?

Villagers applying for registration should actively cooperate with the investigation team and submit the following relevant materials on time:

1. Application for real estate registration (provided by Natural Resources Bureau);

2. The identity certificate of the obligee, such as the obligee's ID card and household register, and the power of attorney, the trustee's ID card and household register (provided by the obligee or trustee);

3 real estate ownership certificate or land ownership source materials, housing in line with the planning or construction of related materials (provided by the Natural Resources Bureau, the town _ street _ competent department);

4. Property ownership questionnaire, land map, house plan and land boundary point coordinates and other materials related to property boundary and area (provided by Natural Resources Bureau);

5. Agreements reached by the parties according to law;

6. The effective judgment, ruling or conciliation statement of the people's court;

7. Other documents and materials as prescribed by laws and administrative regulations.

If the above materials need to be submitted by the obligee, the members of the investigation team will take photos on the spot and record them in the investigation files, and the original license will not be collected during the investigation.

8. What should I do if there is a property or land dispute during the investigation?

In accordance with the principle of "respecting history, facing reality, complying with laws and regulations, being harmonious and stable", the town (street) and village (neighborhood) committees set up working bodies to properly handle the problems left over from the history of land and houses. First of all, the two sides should consult each other. If negotiation fails, the town (street) and village (neighborhood) committees shall mediate. If mediation still fails, the investigators will record the dispute in the questionnaire and deal with it according to the relevant regulations when implementing unified registration in the next step.

Nine, the right holder is not sure how to deal with the investigation?

The survey is based on "family households" and the survey files are established according to the principle of "one household for one file". In principle, the property right certificate (land certificate) issued in the past or the property owner (user) recorded by the household registration owner shall prevail. If there is any objection to the property right, it can be handled according to the disputed parcel first, and the reasons for the dispute will be recorded in the questionnaire. After the dispute is resolved, it shall be re-registered according to the result of dispute mediation.

10. What are the costs involved in rural real estate registration?

The unified registration of rural premises is organized and implemented by the county government, without charging any fees or increasing the burden on the masses.

XI。 How to identify "one household, one house"?

1. In principle, rural villagers can only own one homestead that meets the prescribed area standard; In addition to inheritance, for families with multiple houses, only one homestead is approved for registration and certification, and the rest are only investigated and counted, and ownership registration and certification are not carried out.

2. Rural or urban residents who already own the homestead and are not members of the collective economic organization have obtained the right to use the homestead and the ownership of the house due to inheritance, and shall record in the supplementary column of the real estate ownership certificate that the right holder is the legal heir of the original member's house of the peasant collective.

3. Because of marriage and living in a foreign village, but the household registration is still in the village, both husband and wife can only choose to own one of the homestead, and apply for registration according to regulations after the head of the household issues a written statement.

Twelve, how to identify "family"?

Meet one of the following conditions, can be identified as "family households".

Determine the household registration book of the head of household;

Married and separated;

In line with the provisions of the local government on building houses by households, and the existing homestead area does not exceed the total area standard of building houses by households, it can be regarded as two households;

Minors who inherit the right to use the homestead according to law can independently serve as special "family households".

Thirteen, non-members of the peasant collective homestead can confirm the registration?

According to the Notice of the Ministry of Land and Resources on Further Accelerating the Registration and Certification of Homestead and Collective Construction Land (Guo Tu Zi Fa [20 16] 19 1):

For poverty alleviation and relocation, prevention and control of geological disasters, new rural construction, resettlement and other non-peasant collective members who use the homestead in accordance with the unified planning of the government, after withdrawing from the original homestead and going through the cancellation of registration, the right to use the homestead occupied by new houses shall be determined according to law.

1982 before the implementation of the regulations on the administration of rural construction land, the homestead legally acquired by non-agricultural registered permanent residence residents (including overseas Chinese) or the homestead occupied by houses legally acquired, which has not been expanded since the implementation of the regulations on the administration of rural construction land, can be registered according to the actual use area.

From the implementation of 1982 "Regulations on the Management of Rural Construction Land" to the revision of 1999 "Land Management Law", the homestead legally acquired by non-agricultural registered permanent residence residents (including overseas Chinese) or the homestead occupied by houses legally acquired shall be registered in accordance with the approved area, and those exceeding the approved area shall be indicated in the supplementary column of the register and ownership certificate.

Fourteen, how to safeguard the rights and interests of rural women and farmers settled in cities?

The rights and interests of rural women's homesteads as family members should be recorded in the real estate register and ownership certificate. Rural women who leave the original peasant collective because of marriage and obtain a new family homestead right shall register their rights according to law and cancel their original homestead rights at the same time.

After farmers settle down in the city, they shall register their legally obtained right to use the homestead.

legal ground

Article 9 of the Property Law of People's Republic of China (PRC) stipulates that the establishment, alteration, transfer and extinction of real property rights shall take effect after being registered according to law; Without registration, it will not take effect, except as otherwise provided by law.