What are the requirements for applying for a homestead?

Homestead refers to the collectively owned land occupied by rural farmers or individuals as a living base. Rural villagers applying for homestead shall submit a written application to the villagers' committee or the village collective economic organization where their permanent residence is located, and if they meet the requirements after examination, they shall be approved. The specific conditions are:

1. The applicant is a member of this collective economic organization.

Two, because of infrastructure and rural construction planning land relocation, demolition, the need to rearrange the homestead.

Three, the original house is dilapidated, the homestead area is less than the legal area, and it needs to be rebuilt or expanded.

Four, families with many children, children have reached the age of marriage, it is really necessary to allocate housing.

Five, because of the existence of geological landslides and mudslides in the original homestead.

Legal basis: Article 362 of the Civil Law of People's Republic of China (PRC), the right to use the homestead enjoys the right to possess and use the collectively owned land and the right to use the land to build houses and ancillary facilities.

Article 13 of the Measures for the Administration of Rural Homestead may apply for a homestead under any of the following circumstances:

(a) because of national or collective construction, immigration, disasters and other needs to relocate and rebuild;

(two) the implementation of city, village and market town planning or the transformation of old villages, the need to adjust the demolition;

(three) the existing homestead area has not yet reached the quota standard stipulated in these measures, and it needs to be rebuilt or expanded:

(four) with household conditions and the original homestead area has not yet reached the limit standard stipulated in these measures, which needs to be rebuilt or expanded;

(five) with the approval of the county people's government, the professional and technical personnel introduced or recruited by rural collective economic organizations really need to settle in rural areas;

(six) retired workers, demobilized soldiers and overseas Chinese, their relatives, Hong Kong, Macao and Taiwan compatriots with legal documents to return to their original places to settle down;

(seven) as otherwise provided by laws, regulations and rules.

Article 14 of the Measures for the Administration of Rural Homestead shall not be approved under any of the following circumstances:

(a) before applying for a new homestead, the area of the homestead has reached the prescribed standard, except for the transformation of the old village for the implementation of village and market town planning;

(2) Renting, selling or transferring the homestead and the above-ground buildings in other forms (except for the unreasonable adjustment due to the lack of housing users), or applying for the homestead after converting the house into other uses;

(three) after all family members apply for homestead by one household and are approved, they do not have the conditions for entering the household or apply for homestead unreasonably;

(four) the children have set up a household and meet the conditions for setting up a household, and the parents apply for a homestead separately;

(five) the implementation of the transformation of old villages or the implementation of planned natural village merger, building on the original homestead;

(six) houses that do not need to live are not demolished, and the homestead is not returned to the village collective;

(seven) illegal housing is not dealt with according to law;

(eight) other do not meet the conditions of building.

Article 15 of the Measures for the Administration of Rural Homestead, under any of the following circumstances, with the approval of the county people's government, can cancel its land use right certificate or relevant approval documents, and the village collective can recover the right to use the homestead:

(a) the homestead has not started construction for two years from the date of approval (except in special circumstances);

(two) when the homestead is submitted for approval, it promises to build a new house or demolish an old house to the village collective without demolishing the old house by itself.

(three) the village that has been approved to implement the transformation of the old village or the migration down the mountain has moved into the original homestead where the new house (village) lives;

(four) obtaining approval or illegally transferring the homestead;

(five) other circumstances in which the right to use the homestead should be recovered.