New Deal of Zhejiang Rural Homestead 2022

When rural villagers build houses, they should strictly implement the overall land use planning of villages and market towns and the planning of villages and market towns, strictly control the occupation of cultivated land and prohibit the occupation of basic farmland. At the same time, in the new round of revision of the overall land use planning of villages and towns, the number, layout, scope and land scale of small towns and rural settlements should be reasonably determined in accordance with the overall principles of controlling increment, rational layout, intensive land use and protecting cultivated land and the overall requirements of overall arrangement of urban and rural construction land.

Rural homestead is the basic material for rural residents to settle down and play an important role in rural economic development. Recently, many friends are asking, what is the latest rural homestead management policy, and how we should exercise the right to homestead within the scope of law. Today, I will bring you the latest rural homestead management regulations in Zhejiang Province, and see what the relevant policies are in terms of specific local policies.

In order to further strengthen the management of rural residential land in our province, promote farmers to save intensive housing land and effectively protect cultivated land, according to the relevant provisions of the State Council's Decision on Deepening Reform and Strict Land Management (Guo Fa [2004] No.28) and the Opinions of the Ministry of Land and Resources on Strengthening Rural Residential Land Management (Guo Tu Zi Fa [2004] No.234), combined with the actual situation in our province, the following opinions are put forward:

First, strictly control the scale of rural homestead construction land.

1. When rural villagers build houses, they should strictly implement the overall land use planning of villages and market towns and the planning of villages and market towns, strictly control the occupation of cultivated land and prohibit the occupation of basic farmland. At the same time, in the new round of revision of the overall land use planning of villages and towns, the number, layout, scope and land scale of small towns and rural settlements should be reasonably determined in accordance with the overall principles of controlling increment, rational layout, intensive land use and protecting cultivated land and the overall requirements of overall arrangement of urban and rural construction land.

2, all localities should actively explore ways to determine the scale of planning land for villages and market towns. In the overall land use planning, the construction land scale of villages and market towns should be determined strictly according to the per capita construction land index, and the per capita construction land index of natural villages, central villages and market towns should be controlled within 60, 80 and 90 square meters respectively. The scale of construction land planned for villages and market towns shall not exceed the scale determined in the overall land use planning.

3, all localities should according to the overall land use planning and rural construction planning, combined with the implementation of small town development strategy and "thousands of villages demonstration, ten thousand villages renovation" project, scientifically formulate and implement the village reconstruction plan, merge scattered natural villages, actively promote rural homestead consolidation, and promote the intensive use of rural land.

4, we should actively guide the rural villagers' housing construction in a planned and step-by-step manner to focus on the market towns and central villages. The construction of rural villagers' houses in urban planning areas should be based on unified construction and joint construction of apartment-style peasant residential quarters; For the construction of rural villagers' houses outside the urban planning area, in accordance with the requirements of urbanization and economical and intensive land use, encourage the construction of farmers' new villages in the form of centralized joint construction; Stop the examination and approval of the plan to merge the newly built, rebuilt and rebuilt houses within the village.

Second, strive to ensure the demand for rural homestead land.

All localities should make full use of the original homestead, Gacha and other stock construction land in the village and non-cultivated land such as low hills and gentle slopes to arrange farmers to build houses; If it is really necessary to occupy agricultural land, agricultural land conversion indicators can be arranged in the annual land consolidation subsidy indicators and construction land reclamation turnover indicators. The turnover index of construction land reclamation obtained through village renovation and reclamation should be given priority for rural villagers to build houses.

Three, strictly define the application conditions of rural homestead

Resolutely implement the legal provisions of "one household, one house" in rural homesteads. A rural villager can only own one homestead, and the area standard of homestead (including attached houses and courtyard land) does not exceed1.25m2.. Other land shall not exceed140m2; Conditional use of mountainous wasteland, barren slopes, not more than 160 square meters.

In any of the following circumstances, rural villagers may apply for homestead:

1, which needs to be relocated due to national construction, resettlement in reclamation areas and disasters;

2, the implementation of town planning or the transformation of old villages and towns, must adjust the relocation;

3, the permanent population has received a marriage certificate, it is really necessary to build a house in separate households;

4. Other circumstances stipulated by laws and regulations.

Rural villagers in any of the following circumstances, shall not apply for homestead:

1, with homestead;

2. Sell, lease, donate or transfer the buildings on the homestead in other forms;

3. After all family members apply as a household and get approval, they do not have the conditions of household separation, but take household separation as the reason;

4, other do not meet the building conditions.

According to the above provisions and local conditions, all localities can formulate corresponding rural homestead area standards and homestead application conditions.

Four, effectively standardize the rural homestead application procedures.

1, rural villagers to build residential land, should submit a written application to the village committee or rural collective economic organizations where the household registration is located. Villagers' committees or rural collective economic organizations discussed and approved and announced. If there is no objection at the expiration of the announcement period, it shall be reported to the people's government at the county level for approval after being audited by the township people's government. The villagers' committee or the rural collective economic organization shall announce the examination and approval results to the villagers in a timely manner.

2. Rural villagers who use agricultural land to build houses shall go through the examination and approval procedures for the conversion of agricultural land in accordance with the provisions of Articles 44 and 45 of the Land Management Law.

City, county (city, district), township to the homestead application conditions, application and approval procedures, approval time, approval authority and other relevant provisions and the annual land use plan of rural homestead to the public.

Five, improve the management of rural homestead approval according to law.

1, all localities should standardize the examination and approval behavior, improve the handling system and provide quality services according to the characteristics of rural villagers' building and the principle of "strict management, improving efficiency and benefiting the people". 2. City, county (city, district) can apply to the people's government at or above the provincial level for approval of agricultural land conversion according to the actual needs of the annual rural residential construction and rural villagers' residential construction, and after being approved according to law, examine and approve the supply of residential land one by one; The use of village memories for the construction of rural villagers' houses and the demolition of original buildings shall be reviewed by villagers' committees and township people's governments (street offices) and reported to the people's government at the county level for approval; With the consent of the villagers' committee, the villagers' original homestead can be transferred to the villagers who meet the application conditions of homestead, and both parties to the transfer shall go through the formalities for changing the land use right at the county level land and resources department after the transfer agreement takes effect.

Six, constantly strengthen the supervision and inspection of rural homestead.

1. In the process of homestead approval, the township land and resources should be "three present", that is, after accepting the homestead application, it is necessary to go to the field to check whether the applicant meets the conditions and whether the proposed land is in line with the plan; After the homestead is approved according to law, it shall be measured, staked and put up for construction on the spot, and shall be subject to supervision and inspection by the masses at any time; After the villagers' houses are completed, they should go to the field to see whether the land is used according to the approved area and requirements.

2. If the homestead has not started construction for two years since the date of approval, it shall be reported to the people's government at or above the county level for approval, and the villagers' committee or rural collective economic organization shall recover the right to use the homestead. Illegal occupation of land or occupation of land for housing in excess of the approved area shall be ordered to stop construction; For those who refuse to stop construction, with the approval of the county-level land and resources department, they may seal up or temporarily detain the tools, equipment and building materials used for construction. Those who occupy basic farmland to build houses without approval will be demolished and returned to the fields, and the relevant responsible persons will be punished for illegally occupying basic farmland.

3, all localities should further improve the dynamic inspection system of land law enforcement, strengthen the daily supervision of rural villagers' residential construction land, timely discover and stop all kinds of land violations. It is necessary to focus on strengthening the supervision and management of rural homestead in the urban-rural fringe. It is strictly forbidden for urban residents to buy homestead in rural areas, and it is strictly forbidden to issue land use certificates for houses purchased and illegally built by urban residents in rural areas.

Seven, the full implementation of rural homestead registration and certification work.

1, the departments of land and resources of cities and counties should speed up the registration and certification of rural homestead land, so that the registration and certification of homestead land can be carried out to households, and the content is clear and standardized, so as to effectively safeguard the legitimate rights and interests of farmers. It is necessary to strengthen the registration of changes in rural homesteads, change one household and register one case, give full play to the role of cadastral files in the supervision and management of homesteads, and effectively guarantee the implementation of the legal system of "one household, one house".

2. After the house is completed and accepted, the land user shall apply to the land resources department at or above the county level where the land is located, and the people's government at or above the county level shall register it and issue the rural collective land use certificate.

Eight, actively revitalize the rural stock of construction land.

1. All localities should organize the investigation and cleaning of "hollow villages" and idle homesteads, vacant houses and "one household with multiple rooms" according to local conditions, formulate plans, plans and policies and measures for digestion and utilization, and intensify efforts to revitalize existing construction land. If there are Kugacha in the village and the old homestead is not used, no new homestead shall be approved.

2. For "one family with multiple houses" and vacant houses, all localities should formulate incentives to encourage villagers in the village to adjust the use of surplus homesteads. Rural homestead construction demolition, to take measures such as signing an agreement in advance, to ensure the demolition of old houses on schedule, the transfer of old houses base.

It is not difficult to see from the Regulations on the Management of Rural Homestead in Zhejiang Province that in the process of strengthening the management of rural homestead, the government has strictly strengthened the scale management of rural homestead land, strictly defined the application conditions of rural homestead, standardized the application procedures of rural homestead, and improved the examination and approval management of rural homestead according to law. The application and approval system of rural homestead is becoming more and more perfect, and the relevant policies of rural homestead in China have greatly promoted the development of rural social economy and solved the disputes over rural homestead.