Consult the Bureau of Land and Resources: What are the standards for confirming rural homestead rights?

1. How to confirm the rights of rural homesteads. According to the provisions of "Several Provisions on Determining Land Ownership and Use Rights", the following principles are mainly followed when confirming the rights of homesteads: 1. In February 1982, the State Council issued Before the issuance of the "Regulations on the Management of Land for House Construction in Villages and Towns", the homestead occupied by rural residents for building houses exceeds the area specified by the local government. If it has not been demolished, rebuilt or renovated after the implementation of the "Regulations on the Management of Land for House Construction in Villages and Towns", it can be temporarily used as the current land. The actual use area determines the collective land construction land use rights. 2. From the time when the "Regulations on the Management of Land for Housing Construction in Villages and Towns" was promulgated in February 1982 to the time when the "Land Management Law" came into effect in January 1987, if the area of ??the homestead occupied by rural residents for building houses exceeds the standards stipulated by the local government, The excess portion will be dealt with in accordance with the "Notice on Strengthening Land Management and Stopping Arbitrary Occupation of Cultivated Land" issued by the Central Government and the State Council in March 1986 and the relevant regulations of the local people's government. The land use rights for collective land construction will be determined based on the actual use area after treatment. . 3. For rural residents who comply with the local government's regulations on household building but have not yet been divided into households, if their existing homestead land does not exceed the total area standard for household building land, the land use rights for collective land construction can be determined based on the existing homestead area. 4. If the property rights of non-agricultural registered residents’ original rural homesteads have not changed, their collective land construction land use rights can be determined in accordance with the law. If the house is demolished and reconstruction is not approved, the land use rights will be taken back by the collective. 5. If the total area of ??the homestead obtained by accepting transfer or purchasing a house and the original homestead exceeds the standard specified by the local government, and is allowed to continue to be used after being processed in accordance with relevant regulations, its collective land construction land use rights can be temporarily determined. 6. The homestead obtained by inheriting the house can determine the right to use collective land for construction. 7. According to the rights confirmation regulations, if the area of ??the determined homestead exceeds the standard stipulated by the local government, the amount exceeding the standard area can be indicated in the land registration card and land certificate. In the future, houses will be built in separate households or the existing houses will be demolished, remodeled or renovated. Or when the government implements planning and re-construction in accordance with the law, the use rights will be re-determined according to the area standards stipulated by the local government, and the excess part will be returned to the collective. 8. If the property rights of overseas Chinese’s original homesteads in rural areas have not changed, their collective land construction land use rights can be determined in accordance with the law. If the house is demolished and reconstruction is not approved, the land use rights will be taken back by the collective. 9. The land use rights are uncertain for homestead sites that have been idle or whose houses have collapsed or been demolished and have not been restored to use for more than two years. If the use rights have been determined, the collective shall report to the county-level people's government for approval, the land registration shall be canceled, and the land shall be recovered by the collective. 2. November 2011, "Several Opinions of the Ministry of Land and Resources, the Office of the Central Rural Work Leading Group, the Ministry of Finance, and the Ministry of Agriculture on the Confirmation, Registration and Issuance of Rural Collective Land Rights" Land and Resources Directors of Provinces, Autonomous Regions, Municipalities and Sub-Provincial Cities Departments, agricultural offices (Ministry of Agriculture and Industry, Committee of Agriculture, Committee of Agriculture and Industry, Office of Agriculture and Animal Husbandry), Departments of Finance (Bureaus), Departments (Bureaus, Committees, Offices) of Agriculture (Agriculture, Animal Husbandry, Rural Economy), Bureau of Land and Resources of Xinjiang Production and Construction Corps , Finance Bureau, Agricultural Bureau, and Land Administration Bureau of the People's Liberation Army: In order to effectively implement the "Several Opinions of the Central Committee of the Communist Party of China and the State Council on Increasing Coordination of Urban and Rural Development and Further Laying the Foundation for Agricultural and Rural Development" (Zhongfa [2010] No. 1), the Land and Resources Bureau The Ministry of Resources, the Ministry of Finance, and the Ministry of Agriculture jointly issued the "Notice on Accelerating the Confirmation, Registration and Issuance of Rural Collective Land Rights" (Guuzifa [2011] No. 60) to further standardize and accelerate the confirmation and registration of rural collective land rights. Regarding the issuance of certificates, the following opinions are hereby put forward: 1. Clarify the scope of rural collective land rights confirmation, registration and certification. Rural collective land rights confirmation, registration and certification is the confirmation, registration and certification of land rights such as rural collective land ownership and collective land use rights. . Rural collective land use rights include homestead use rights, collective construction land use rights, etc. The confirmation, registration and certification of rural collective land ownership must cover all collective land in rural areas, including construction land, agricultural land and unused land collectively owned by farmers, and must not be omitted. 2. The confirmation, registration and issuance of rural collective land rights shall be carried out in accordance with laws and regulations in accordance with the Property Rights Law of the People's Republic of China, the Land Management Law of the People's Republic of China, the Land Registration Measures, and the Land Ownership Law of the People's Republic of China. "Measures for Dispute Investigation and Settlement", "Several Provisions on Determining Land Ownership and Use Rights" and other relevant legal and policy documents as well as local laws and regulations, in line with the principles of respecting history, paying attention to reality, conducive to production and life, and promoting social harmony and stability. Based on the results of the national land survey and the annual land use change survey, the rights confirmation, registration and certification work will be carried out in an orderly manner in accordance with the law. Documents and materials based on the confirmation and registration of rural collective land rights include: approval documents and processing decisions of the people's government or relevant administrative departments; mediation letters from the land and resources administrative departments of the people's governments at or above the county level; effective judgments, rulings or mediation letters from the people's courts ; Agreements reached in accordance with the law between the parties; cadastral survey results such as cadastral survey forms, land ownership boundary agreements and other cadastral survey results formed by performing boundary designation procedures; other documents stipulated by laws, regulations, etc.

3. To speed up the rural cadastral survey work, all localities should adhere to the principle of "legal ownership, clear boundaries, and accurate area" and based on the "Classification of Current Land Use" (GB/T 21010-2007), "Technical Regulations on Collective Land Ownership Survey", "Urban Cadastral Survey Regulations" and other relevant technical regulations and standards, make full use of existing results such as national land surveys, and use the results of large-scale cadastral surveys as the basis to find out the ownership, boundary, area and purpose of each piece of rural land ( Land type), etc., according to the unified parcel coding model, form complete cadastral survey results, providing a basis for rural collective land rights confirmation, registration and issuance of certificates. At the same time, attention should be paid to the cadastral change investigation and change registration to maintain the current status of cadastral results. In areas where conditions are met, the cadastral survey of rural collective land ownership parcels should use the analytical method to measure boundary point coordinates and calculate parcel areas; in areas where conditions are not met, ownership boundaries can be verified and determined based on national land survey results. Describe the direction of the boundary site in detail, and calculate the parcel area using the method of measurement on the map or database calculation. The scale of rural collective land ownership parcel maps and cadastral maps shall not be less than 1:10,000. In special areas such as pastoral areas, the scale of cadastral maps can be relaxed to 1:50,000 after approval by the provincial land and resources authorities. For the cadastral survey of parcels of homestead use rights and collective construction land use rights, the analytical method should be used to measure the coordinates of boundary points and calculate the parcel area. The scale of parcel maps and cadastral maps should not be less than 1:2000. For residential land and collective construction land that have been certified using the survey method or other methods, when the registration is changed, the analytical method should be used to re-measure and calculate the land area. 4. Confirm the ownership of rural collective land to each farmer collective with ownership. The determination of the subject of rural collective land ownership follows the principles of "equality of subjects" and "villager autonomy", and is based on the three types of ownership of farmer collectives of townships (towns), villages and villagers' groups. The main body confirms rural collective land ownership to each farmer collective with ownership. Wherever the land ownership boundary of the villagers group (original production team) exists, the land should be confirmed to be owned by the villagers group and farmers collective, and the certificate should be issued to the villagers group farmer collective; for the villagers group (original production team) land ownership boundary does not exist, and be obtained If the vast majority of villagers agree, the current status of this part of land should be recognized based on the principle of respecting history and recognizing reality, and it should be clearly owned by village farmers collectively; if it belongs to township (town) farmers collectively, the land ownership should be confirmed to the township (town) in accordance with the law. town) farmer collective. Land collectively owned by villagers' groups shall be registered by their collective economic organizations or villagers' groups in accordance with the law and hold land rights certificates. If the organizational structure of the villagers group is not sound, the villagers committee can apply for registration and keep the land rights certificate on its behalf. If it involves the "merger of villages" in accordance with the law, if the subject of land ownership remains unchanged after the "merger of villages", the ownership will still be confirmed to the original farmer collective; after the "merger of villages" the subject of land ownership changes and is eliminated. If approved by the majority of villagers, after completing the legal procedures for changing collective land ownership, the collective land ownership will be determined according to the changed subject, and the land area of ??each original farmer collective will be noted in the land registration book and land certificate. If it involves carrying out pilot projects linking the increase and decrease of urban and rural construction land and rural land consolidation in accordance with the law, in principle, the original land ownership should be maintained unchanged; if the land is adjusted in accordance with the law, the ownership of collective land rights shall be determined in accordance with the adjustment agreement, and the land change registration procedures shall be completed in a timely manner in accordance with the law. . For the original collective land that has not been expropriated after "removal of villages and construction of new residences", only investigation and statistics will be conducted, but no registration and certification will be issued. When conducting surveys and statistics, the name of the original farmers' collective shall be stated after the name of the new unit. In the "right holder" column of the land registration book and the "land owner" column of the land certificate, the collective land ownership subject is filled in as "хх group (village, township) farmer collective". 5. It is clarified in accordance with the law that if the representative of the owner of rural collective land belongs to the collective of village farmers, the village collective economic organization or the village committee shall exercise ownership under the entrustment of the members of the farmer collective; if it belongs to more than two farmer collectives in the village, the ownership shall be exercised by the village collective. Collective economic organizations or villager groups collectively exercise ownership rights; if it is collectively owned by township farmers, the township (town) collective economic organization shall exercise ownership on behalf of the collective; if there is no township (town) farmer collective economic organization, township (town) collective land ownership shall be owned by the township (town) ) is managed by the government. When handling the land rights confirmation and registration procedures, the representative of the farmers' collective ownership entity shall apply. The specific requirements and forms of collective economic organizations can be determined by each province (autonomous region, municipality) according to relevant local regulations and actual conditions. 6. Strictly standardize and confirm the subject of homestead use rights. The right to use homesteads should be confirmed to members of the farmer collective in accordance with the area standards stipulated by the local provincial people's government. Farmers who are not part of the farmers' collective and who are relocated due to geological disaster prevention, new rural construction, resettlement, etc., and who build houses in other places with the consent of the majority of the members of the farmers' collective and the approval of the competent authority, on the premise of complying with local planning, may The rights can be confirmed, registered and issued according to regulations. Members of the farmer collective who already own a homestead, or rural or urban residents who are not members of the farmer collective, who occupy the rural homestead due to inheriting a house, can register and issue a certificate in accordance with regulations, and should note in the note column of the "Collective Land Use Certificate" It is recorded that "the obligee is the legal heir to the residence of the original member of the farmers' collective".

For non-agricultural registered residents (including overseas Chinese) who originally acquired homesteads and houses legally in rural areas, if the property rights of the houses have not changed, and if the farmer collective issues a certificate and announces that there is no objection, the land registration can be carried out in accordance with the law, and the "Collective Land Use Certificate" It should be noted in the memo column that "the right holder is not a member of the farmers' collective". For homesteads without proof of ownership, the historical use and current status of the land should be ascertained, and the village committee should issue a certificate and announce that there is no objection for 30 days. It should be reviewed by the township (town) people's government and reported to the county-level people's government for approval. If it is used legally, the right to use the homestead will be determined. 7. Confirmation, registration and issuance of rights to homestead land exceeding an area according to different historical stages. Before the implementation of the "Regulations on the Management of Land for Housing Construction in Villages and Towns" in 1982, the homesteads occupied by rural villagers for building houses were covered by the "Regulations on the Management of Land for Housing Construction in Villages and Towns". If the land area has not been expanded since its implementation, the rights can be confirmed and registered according to the existing actual use area; from the implementation of the "Regulations on the Management of Land for Housing Construction in Villages and Towns" in 1982 to the implementation of the "Land Management Law" in 1987, rural villagers occupied the land for building houses. If the homestead land exceeds the area standard stipulated by the local area, after the excess part is dealt with in accordance with the relevant national and local regulations at the time, the rights can be confirmed and registered according to the actual use area; after the implementation of the "Land Management Law" in 1987, rural villagers built houses and occupied the land. If the homestead site exceeds the area standards prescribed by the local area, the rights will be confirmed and registered based on the actual approved area. If the area exceeds the standards stipulated by various localities, the area exceeding the standard can be noted in the land registration book and the land rights certificate note column, and the area will be used for future house building or when the existing house is demolished, remodeled, renovated, or the government implements the plan for re-construction in accordance with the law. , handle it in accordance with relevant regulations, and re-register the rights according to the area standards stipulated by various localities. 8. Earnestly carry out the work of confirming, registering and issuing certificates for collective construction land, village committee offices, land for medical, education and health and other public welfare undertakings and public facilities, land for township enterprises and other collectively-owned land approved for non-residential construction in accordance with the law. , the right registration and certification should be carried out in accordance with the law to confirm the right to use collective construction land. Confirm collective land use rights to each rights holder in accordance with the law. Any unit or individual that uses collective construction land in accordance with the law should apply for registration of rights confirmation. For collective construction land without proof of ownership, the historical use and current status of the land should be ascertained. If the land is deemed to be used legally, the village committee will issue a certificate and announce it for 30 days without objection. After review by the township (town) people's government, the report will be submitted. The people's government at the county level shall examine and approve, confirm the rights, register and issue certificates. 9. Properly handle the issue of illegal housing sites and collective construction land in rural areas. Illegal housing sites and collective construction land must be dealt with in accordance with laws and regulations before they can be registered. For illegal homesteads and collective construction land, the historical use and current status of the land should be ascertained. For those that comply with the overall land use plan, village and town planning, and relevant land use policies, land use approval procedures should be completed in accordance with the law, and then registration and certification should be issued. 10. Strictly regulate the confirmation, registration and issuance of rural collective land rights. In conjunction with the national land registration standardization inspection work, comprehensively strengthen the standardization of land registration. It is strictly prohibited to engage in false land registration and to register and issue certificates for illegally used land without handling it in accordance with the law. For example, through the reform of the household registration management system or through "village-to-residence conversion" without authorization, farmers' collective-owned land is converted into state-owned land without legal expropriation procedures, rural collective economic organizations illegally transfer or lease collective land for non-agricultural construction, and urban residents Illegal land use such as homestead sites, farmers' residences or "small property rights houses" in rural areas shall not be registered and issued certificates. Those who fail to confirm, register and issue land rights in accordance with laws and regulations or whose registration is irregular and cause serious consequences will be seriously held accountable. 11. Strengthen the mediation of land ownership disputes. All localities must take effective measures from the aspects of institutional construction, team building, funding guarantee, standardized procedures, etc., establish and improve the mediation and settlement mechanism of land ownership disputes, and properly handle disputes over rural collective land ownership. 12. Standardize and improve existing land registration information. In strict accordance with relevant laws, regulations and policies, comprehensively verify, organize and improve existing land registration information. All parcels that have been registered and issued certificates are missing information or are irregular, and they should be corrected and improved as soon as possible; if registration errors are found, they should be corrected in a timely manner. All localities should do a good job in collecting and organizing rural collective land registration information to ensure that the registration information is comprehensive, complete and standardized. All localities should further establish and improve relevant systems and standards, and uniformly standardize the management of land registration information. 13. Promote the informatization of rural collective land registration. It is necessary to refer to technical standards such as the "Urban Cadastral Database Standard" (TD/T 1015-2007), actively promote the construction of rural collective land registration database, and further improve the cadastral information system. On this basis, we will steadily advance the construction of a national land registration information dynamic supervision and inquiry system, improve land supervision capabilities and social service levels, provide support for participation in macro-control, and effectively play the positive role of land registration results data in serving economic and social development. Each province (autonomous region, municipality) can refine and formulate specific work procedures and policies for the confirmation and registration of rural collective land rights based on local actual conditions.

(Please check your local relevant specific implementation rules or operating specifications)