New Deal of Rural Homestead

Legal analysis: Rural homestead refers to the collectively owned land occupied and used by rural farmers or individuals as a living base. The Notice on Further Strengthening the Management of Rural Homestead requires that the regulation of "one household, one house" should be strictly implemented. A rural villager can only own one homestead, and the area shall not exceed the standards set by provinces, autonomous regions and municipalities directly under the central government. It is strictly forbidden for urban residents to buy homestead. In addition, the newly implemented land management law also clearly stipulates the ownership and probation period of rural homestead.

Legal basis: Regulations on the Implementation of the Land Management Law

Article 2 The following land belongs to the whole people, that is, the state:

(1) Urban land;

(2) Land that has been expropriated, requisitioned or acquired as state-owned in rural areas and urban suburbs according to law;

(3) Land requisitioned by the state according to law;

(4) Woodlands, grasslands, wasteland, beaches and other lands that are not owned by collectives according to law;

(five) all the members of the rural collective economic organizations are turned into urban residents, and the land originally owned by its members collectively;

(6) Due to national migration, natural disasters and other reasons, after the collective organized land migration of farmers, the land that was originally owned by the relocated farmers and no longer used.

Article 4 For the land collectively owned by peasants, the landowner shall apply to the land administrative department of the people's government at the county level where the land is located, and the people's government at the county level shall register it, issue a certificate of collective land ownership, and confirm the ownership.

If the land collectively owned by farmers is used for non-agricultural construction according to law, the land user shall apply to the land administrative department of the people's government at the county level where the land is located, and the people's government at the county level shall register it, issue a collective land use right certificate and confirm the right to use the construction land.

The municipal people's government with districts may uniformly register the land collectively owned by farmers within the municipal area.

Article 6 Where the ownership and use right of land are changed according to law, and the land use right is transferred according to law due to buildings, structures and other attachments on the ground, an application for land change registration must be submitted to the land administrative department of the people's government at or above the county level where the land is located, and the original land registration authority shall handle the registration of land ownership and use right change according to law. Changes in land ownership and use rights shall take effect from the date of registration of changes.

To change the land use according to law, it is necessary to apply to the land administrative department of the people's government at or above the county level where the land is located with the approval document, and the original land registration authority shall handle the registration of change according to law.

Seventh in accordance with the relevant provisions of the "land management law", the land use right of the land use unit is recovered, and the land registration is cancelled by the original land registration authority.

If the land user fails to apply for renewal or the application for renewal is not approved, the original land registration authority shall cancel the land registration.