Can rural households be granted foundations for each household?

1. You can apply for approval, but you need to meet the following conditions:

1. Relocation and reconstruction are required due to national or collective construction, immigration, disasters, etc.;

2. The implementation of city, village and market town planning or the reconstruction of old villages requires adjustment and demolition;

3. The area of ??the existing homestead land has not reached the limit specified in these measures and needs to be rebuilt or expanded;< /p>

4. The conditions for household division have been met and the area of ??the original homestead has not reached the limit standard stipulated in these measures and needs to be rebuilt or expanded;

5. With the approval of the county people's government, the rural collective economy Professional and technical personnel introduced or recruited by the organization who really need to settle down in rural areas;

6. Retired, retired, retired employees, demobilized servicemen, overseas Chinese, their relatives, and compatriots from Hong Kong, Macao and Taiwan who return to their places of origin to settle down with legal certificates ;

7. Laws, regulations and rules provide otherwise. If the area of ??the homestead has reached the standards of these regulations, then you can apply for a new homestead, except for the renovation of old villages for the purpose of implementing village and market town planning; rent, sell or transfer the homestead and its above-ground buildings in other forms (reasonable adjustments for households lacking housing) (Except for those), or convert the residence to other uses and then apply for homestead land;

The state allows rural villagers who have settled in cities to voluntarily withdraw from homestead land with compensation in accordance with the law, and encourages rural collective economic organizations and their members to revitalize and utilize idle land. Homesteads and vacant dwellings. If a rural villager sells, rents, or donates his or her residence before applying for homestead land, the application will not be approved.

2. Applications for homestead sites will not be approved under the following circumstances:

1. If the area of ??the homestead site has reached the standards of these regulations and then you apply for a new homestead site, but it is for the purpose of implementing village and market town planning. Except for the reconstruction of old villages;

2. Rent, sell or transfer the residential land and its above-ground buildings in other forms (except for reasonable adjustments by households lacking housing), or convert the residence to other uses, and then apply for residence base;

3. After all family members apply for homestead land as one household and are approved, they do not meet the conditions for household division or apply for homestead land by household division unreasonably;

4 , the children have already established a household and meet the conditions for household registration, and their parents apply for a homestead separately;

5. Building residences on the original homestead in a block where old villages are planned to be renovated or a natural village is planned to be annexed ;

6. Failure to demolish uninhabitable houses and failure to return the occupied homestead land to the village collective;

7. Failure to handle and close cases of illegal building construction in accordance with the law;

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8. Others who do not meet the conditions for applying for housing construction.

Rural homestead is only a right of use, and the ownership belongs to the village collective. Farmers have ownership of the attachments on their homestead and have the right to buy, sell and lease them, and are not infringed upon by others. After the house is sold or rented, the right to use the homestead is transferred to the transferee or lessee, but the ownership of the homestead is always collectively owned. If you sell or rent out your house and then apply for homestead land, your application will not be approved. The land used by farmers to build houses and small courtyards must not exceed the standards stipulated by provinces, autonomous regions, and municipalities directly under the Central Government.

Homestead land can only be transferred within the village collective. According to the Land Management Law, homestead land is not property in the true sense, but a right of use, and the ownership belongs to the village collective. Homestead land can neither be bought or sold nor inherited, but it can be transferred within the village collective, subject to the approval of the land management department in accordance with the law and the issuance of certificates

Due to China's implementation of the urban-rural dual system, in the wave of urbanization, more and more More and more people are “transforming from agriculture to non-agriculture”. No matter what the reason is, once your household registration is transferred, you lose the right to inherit your homestead and cannot buy it back. You can only watch your "ancestral home" become an asset of the village collective.

Due to the corresponding relationship between rural household registration and land, some people are unwilling to "convert from agriculture to non-agriculture", and some civil servants are even trying to find ways to "convert from agriculture to non-agriculture". However, these are a minority after all, and "going to cities" is the general trend. Therefore, from the perspective of a specific family, if the relevant laws and regulations remain unchanged, the homestead land is destined to be lost

The land allocated by rural collective economic organizations to farmers to build houses and small courtyards to meet their living needs. It is used to build houses, auxiliary buildings (kitchens, warehouses, toilets), courtyards, biogas digesters, animal houses, firewood stacks, etc. Farmers only have the right to use the land and are not allowed to buy, sell, rent or transfer it illegally. Farmers have ownership of the attachments on their homestead and have the right to buy, sell and lease them, and are not infringed upon by others. After the house is sold or rented, the right to use the homestead is transferred to the transferee or lessee, but the ownership of the homestead is always collectively owned. If you sell or rent out your house and then apply for homestead land, your application will not be approved. The land used by farmers to build houses and small courtyards must not exceed the standards stipulated by provinces, autonomous regions, and municipalities directly under the Central Government.

Because homesteads belong to collective land, they cannot actually be sold privately to citizens with urban household registration, not even to village committees, which also belong to rural collectives. Managers in economic organizations. The collective land in rural areas is allocated by the village committee, and the property income obtained through the collective land belongs to the members of the village collective economy.

Legal basis:

"Property Rights Law"

Article 152 The holder of the right to use the homestead has the right to occupy and use the collectively owned land in accordance with the law, and has the right to Use the land to build residences and ancillary facilities in accordance with the law. The acquisition, exercise and transfer of homestead use rights shall be governed by the Land Management Law and relevant national regulations.

"Rural Homestead Management Measures"

Article 13: Relocation and reconstruction due to national or collective construction, immigration, disasters, etc.; implementation of city, village and market town planning Or the reconstruction of old villages requires adjustment and demolition; the area of ??the existing homestead site has not reached the prescribed limit and needs to be rebuilt or expanded;