Eight inaccuracies for rural homesteads

Legal analysis: 1. It is not allowed to occupy permanent basic farmland to build houses

The state implements a permanent basic farmland protection system. After permanent basic farmland has been demarcated in accordance with the law, no unit or individual may arbitrarily To occupy or change the use, rural villagers are not allowed to occupy permanent basic farmland when building residences.

2. It is not allowed to occupy more cultivated land to build houses

If more than the approved amount is occupied to build houses, the excess land will be treated as illegal land occupation. The act of forcibly occupying cultivated land to build houses without legal approval, and the act of occupying more cultivated land to build houses than the legally approved area, are prohibited.

3. It is not allowed to buy, sell or transfer farmland for illegal housing construction

No unit or individual may appropriate, buy, sell or otherwise illegally transfer land for non-agricultural construction such as housing. Building houses by buying, selling or transferring farmland changes the nature of farmland and should be explicitly prohibited.

4. Illegal construction of houses on contracted farmland is not allowed

Units and individuals who contract to operate land have the obligation to protect and reasonably utilize the land in accordance with the purposes agreed in the contract. Contracted land shall not be used for non-agricultural construction without approval in accordance with the law.

5. It is not allowed to illegally occupy cultivated land to build houses under false pretexts

Rural revitalization, beautiful countryside, new rural construction, facility agriculture, off-site poverty alleviation, immigration relocation and other non-agricultural construction shall be prohibited. Land use approval procedures must be handled in accordance with the law. Prevent the recurrence of unauthorized occupation of cultivated land in various names to engage in non-agricultural industries such as leisure, tourism, and elderly care.

6. It is not allowed to occupy cultivated land to build houses in violation of the "one household, one house" rule

Farmers can only own one homestead per household. If rural villagers sell, rent, or donate their residences before applying for homestead land, they will not be approved. Violating the "one household, one house" rule, occupying farmland to build houses.

7. Illegal sales of houses built on cultivated land are not allowed

Illegal occupation of land collectively owned by farmers, especially houses built on cultivated land, is an illegal construction, and related sales and purchases are not protected by law. Real estate registration cannot be carried out.

8. Illegal approval of occupation of cultivated land to build houses is not allowed

Agricultural land conversion procedures and other land use approvals must be made by the competent authorities in accordance with legal authority and legal procedures. If an entity or individual illegally approves land construction for housing, the approval document will be invalid.

Legal basis: "Regulations on the Implementation of the Land Management Law of the People's Republic of China" Article 6 The natural resources authorities of the people's governments at or above the county level shall strengthen informatization construction and establish a unified basic land and space information platform , implement full-process information management of land management, conduct dynamic monitoring of land use conditions, establish a land management information sharing mechanism with relevant departments such as development and reform, housing, and urban and rural construction, and disclose land management information in accordance with the law.