Measures for the administration of rural land ownership registration

Legal analysis: the right to use homestead should be confirmed to farmers' collective members according to law; Farmers who are not members of farmers' collective can build houses in different places with the consent of most members of farmers' collective or villagers' representatives and the approval of the competent authorities, due to centralized relocation such as prevention and control of geological disasters, new rural construction (new rural community construction), ex situ poverty alleviation, relocation and resettlement, etc. When rural villagers settle in cities, the legally acquired right to use the homestead should be registered according to law.

Legal basis: Measures for the Administration of Rural Homestead

Article 2 The term "rural homestead" as mentioned in these Measures refers to the collectively owned land used by rural villagers or approved for building houses (including attached houses and courtyards, the same below) according to law.

Article 3 These Measures shall apply to the management of rural homestead within the administrative area of this county.

Fourth county land administrative departments responsible for the administrative area of rural homestead management and supervision.

The township (town) people's government is responsible for the management and supervision of rural homestead within its administrative area.

Fifth rural villagers to build houses must conform to the township (town) overall land use planning and urban and rural planning. Encourage natural villages to move to the central village, move down the mountain and gather in poor communities; Encourage unified construction, joint construction and allocation of apartments, and control independent houses.

Strictly control the scale of land use, and the per capita construction land index conforms to relevant regulations.

Strictly control the areas prone to geological disasters and use hillside to build houses. If it is really unavoidable, we should try to meet the safety requirements before construction.

Article 6 Rural villagers' housing construction should be combined with the transformation of old villages, land consolidation and homestead reclamation, make full use of the original homestead, the land in the inner village and the hilly slopes around the village, strictly control the occupation of cultivated land for building houses, and not build houses in basic farmland protection areas.

Seventh rural villagers to build houses (including new construction, expansion, relocation and demolition) shall go through the formalities for examination and approval of land use according to law. Involving the occupation of agricultural land, it shall go through the examination and approval procedures for the conversion of agricultural land according to law; Involving transportation, forest land, water conservancy and other land, it should also obtain the permission or consent of the relevant departments.

Eighth rural villagers homestead ownership belongs to the collective, individuals only have the right to use. No one may transfer or lease it without approval. If it is necessary to adjust the homestead for the transformation of old villages and old cities due to the implementation of town planning, the users of the original homestead shall obey.