Three years after the collapse of rural houses, is the homestead still yours?

After the collapse of rural houses, the homestead will not be recovered immediately. According to the law, rural houses will be given two years to rebuild and maintain after they collapse. If they are not used within two years, they will be taken back. Homestead is the land occupied by family households as living bases. Because houses in most cities are built by real estate developers, ordinary families do not involve the concept of homestead. The current homestead mainly refers to the rural homestead.

1. The ownership of the homestead belongs to the village collective. Before and after the house collapsed, it was a village collective.

2. The right to use the homestead still belongs to the original user. The original users of the homestead have the right to occupy and use collectively owned land according to law, and have the right to use the land to build houses and ancillary facilities according to law. The right to use the homestead generally includes residential land, surrounding green space and other living service facilities. The owner of the homestead enjoys the following rights to the homestead: (1) possession and use of the homestead. The owner of the right to use the homestead has the right to occupy the homestead and build personal houses and ancillary facilities related to residence and life on the homestead. (2) Revenue and punishment. The owner of the right to use the homestead has the right to obtain the income generated by using the homestead, such as the income generated by planting fruit trees and other cash crops in the idle place of the homestead.

3, after the household registration, the original rural homestead, housing property rights have not changed, you can determine the right to use construction land on collective land according to law. If the house is demolished and rebuilt without approval, the land use right shall be recovered by the collective.

Legal basis:

Measures for the administration of rural homestead

Article 1 In order to standardize and strengthen the management of rural residential sites, rationally utilize land resources and effectively protect cultivated land, according to the Land Administration Law of the People's Republic of China, the Property Law of People's Republic of China (PRC), the Urban and Rural Planning Law of People's Republic of China (PRC), the Measures of Zhejiang Province for Implementing the Land Administration Law of the People's Republic of China and other laws, regulations and policies.

Article 2 The term "rural homestead" as mentioned in these Measures refers to the collectively owned land used by rural villagers or approved for the construction of houses (including ancillary 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.

Derivative problem:

How much is the compensation for house site removal?

1, the compensation for thatched cottage is 2000 yuan per square meter. 2, brick house compensation of 2600 yuan per square meter. 3, bungalow compensation of 3000 yuan per square meter. 4, the building (two floors and above) compensation of 3500 yuan per square meter. The housing compensation here refers to the compensation for the value of the buildings on the expropriated state-owned land, which is not lower than the similar market price of the expropriated houses on the date of the announcement of the house expropriation decision, and an appraisal agency with appraisal qualification is invited to make an appraisal and determination.