Where is the management of rural homestead?

Rural residential land is managed by the land administrative department of the people's government at or above the county level, and the national land administrative department is responsible for optimizing the allocation of land resources, standardizing the management of land resources ownership, and saving and intensively utilizing land resources. Where land is illegally occupied for building houses, the land administrative departments of the people's governments at or above the county level shall also order the return of the illegally occupied land. Regarding the question of who is in charge of rural homestead, I will give you a detailed answer below.

First, where is the management of rural homestead?

1. The land administrative departments of the people's governments at or above the county level shall be responsible for the management of rural residential land within their respective administrative areas. From a nationwide perspective, the administrative departments of agriculture and rural areas in the State Council are responsible for the reform and management of rural housing sites nationwide.

2. Legal basis: Land Management Law

Sixty-second rural villagers can only own one homestead, and the area of their homestead shall not exceed the standards stipulated by provinces, autonomous regions and municipalities directly under the central government.

In areas where per capita land is small and it is impossible to guarantee one household and one house, the people's government at the county level can take measures to ensure that rural villagers live in houses on the basis of fully respecting the wishes of rural villagers and in accordance with the standards stipulated by provinces, autonomous regions and municipalities directly under the Central Government.

Rural villagers building houses shall conform to the overall land use planning and township (town) village planning, and shall not occupy permanent basic farmland, and try to use the original homestead and village parents. The overall land use planning and village planning of townships (towns) shall make overall planning and reasonable arrangement of homestead, and improve the living environment and conditions of rural villagers.

Rural residential land, approved by the township (town) people's government; Among them, those involving the occupation of agricultural land shall go through the examination and approval procedures in accordance with the provisions of Article 44 of this Law.

After the rural villagers sell, rent or donate their houses, they will not be approved if they apply for the homestead again.

The state allows rural villagers who have settled in cities to voluntarily withdraw from their homesteads with compensation according to law, and encourages rural collective economic organizations and their members to actively use idle homesteads and idle houses.

The competent department of agriculture and rural areas in the State Council is responsible for the reform and management of rural housing sites throughout the country.

Two, under what circumstances (not) can apply for the right to use the homestead.

Measures for the administration of rural homestead

Thirteenth in any of the following circumstances, you can apply for homestead:

(a) because of national or collective construction, migration, 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 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.

Fourteenth in any of the following circumstances, the application for homestead shall not be approved:

(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) all family members as a family to apply for homestead and get approval, do not have the conditions of household or unreasonable household to apply for homestead;

(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.

Fifteenth in any of the following circumstances, with the approval of the county people's government, the certificate of land use right or the relevant approval documents can be cancelled, 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 the village collective to build a new house and demolish the old house 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.

Villagers who meet the statutory conditions may request the right to use the homestead. Villagers are not allowed to build houses on homesteads and other types of land without approval, otherwise the land administrative departments of the people's governments at or above the county level may order the demolition of houses within a time limit.