Henan rural homestead registration

According to the news from the Provincial Department of Land and Resources, the Provincial Department of Land and Resources, the Provincial Agricultural Office, the Provincial Department of Finance, the Provincial Housing and Construction Department, the Provincial Department of Agriculture and the Provincial Civil Affairs Department jointly issued the Guiding Opinions on the Registration and Certification of the Right to Use Rural Homestead in Henan Province (hereinafter referred to as the Opinions) in order to promote and standardize the registration and certification of the right to use rural homesteads in the province, implement farmers' property rights and guarantee the usufructuary right of rural homesteads.

The "Opinions" clearly stated that the right to use the homestead should be confirmed to the farmers' collective members according to law; Farmers who are not farmers' collectives, due to centralized relocation such as prevention and control of geological disasters, new rural construction (new rural community construction), ex situ poverty alleviation and resettlement, can build houses in accordance with the provisions with the consent of most members of farmers' collectives or villagers' representatives and the approval of relevant departments on the premise of conforming to the overall land use planning. When rural villagers settle in cities, they shall confirm their legally acquired right to use the homestead according to law.

Please pay attention to the following time points for the opinions on the confirmation of rural homestead:

Super-area homestead:

(1) 1982 Before the implementation of the Regulations on the Administration of Rural Construction Land:

If the homestead occupied by rural villagers for building houses has not been expanded since the implementation of the Regulations on the Administration of Rural Construction Land, it can be registered according to the existing actual use area.

(2) From the implementation of 1982 Regulations on the Management of Rural Construction Land to the implementation of 1987 Land Management Law:

If the homestead occupied by rural villagers exceeds the local area standard, the excess part can be registered according to the actual use area after being handled in accordance with the relevant national and local regulations at that time;

(3) 1987 After the implementation of the Land Management Law:

The homestead occupied by rural villagers for building houses shall be filled in according to the approved area. If the actual occupied area exceeds the approved area, it can be used in? Collective land use certificate? Note column indicates that the area exceeds the approved area, and the parcel map is drawn according to the actual occupied area. If the occupied area can be determined, the occupied part should be marked with a dotted line on the parcel map.

Homestead without proof of ownership source or with incomplete proof of ownership source:

The Opinions stipulate that if the land has been completed and used before the end of the second national land survey on June 5438+February 3 1 2009, and it is within the scope of rural construction land determined by the second national land survey, the historical use and present situation of the land should be ascertained; In line with the overall land use planning and other related planning, the rural collective economic organization (village committee) shall issue a certificate to confirm the land owner, area, scope and acquisition time, and make an announcement for 30 days. If there is no objection to the announcement, it shall be submitted to the county (city, district) people's government for examination and approval after being audited by the township (town) people's government or the street office to determine the right to use the homestead.

Reminder: the opinion has been reiterated? One household and one house? In principle, it is strictly forbidden to engage in false land registration, and it is strictly forbidden to register and issue certificates for illegal land that has not been legally treated.

Guiding Opinions on the Registration and Certification of the Right to Use Rural Homestead in Henan Province In order to speed up and standardize the registration and certification of the right to use rural homestead in Henan Province, implement farmers' property rights and guarantee the usufructuary right of rural homestead, according to the provisions of relevant laws, regulations, rules and policy documents, and in line with the principles of respecting history, paying attention to reality, being conducive to production and life, and promoting social harmony and stability, combined with the reality of our province, the following opinions are put forward:

First, strictly regulate and confirm the subject of homestead use right.

The right to use the homestead shall be confirmed to the collective members of farmers according to law; Farmers who are not members of farmers' collective can build houses in different places with the consent of most members of farmers' collective or villagers' representatives and the approval of the competent authorities, due to centralized relocation such as prevention and control of geological disasters, new rural construction (new rural community construction), ex situ poverty alleviation, relocation and resettlement, etc.

When rural villagers settle in cities, the right to use their homestead obtained according to law shall be registered according to law.

Second, the actual implementation? One household and one house? The provisions of

Should the registration and certification of homestead ownership be strictly enforced? Rural villagers can only own one homestead? Legal provisions; Those who obtain rural homestead by inheriting houses and other legal forms may register and issue certificates according to regulations. Rural residents who meet the local government's household building regulations but have not yet been divided into households, whose existing homestead does not exceed the total area standard of household building land, can determine the right to use the homestead according to the existing homestead area.

Three, properly handle the existing land registration results

If the contents and registration materials of the original certificate are consistent with the field, the old and new registration materials will be merged and filed, and a new certificate can be issued.

If the contents and registration materials of the original title certificate are inconsistent with the field, the original registration materials can be used as proof of the source of ownership and re-registered and issued according to the regulations.

If there is no registration information in the original right certificate, you can refer to the relevant information recorded in the certificate and re-register and issue the certificate according to the regulations.

If the original certificate of rights is renewed or a new certificate is obtained, the original certificate of rights shall be abolished at the same time.

Four, according to the different historical stages of the super-large homestead registration and certification.

1982 before the implementation of the regulations on the administration of rural construction land, if the land area of the homestead occupied by rural villagers has not been expanded since the implementation of the regulations on the administration of rural construction land, it can be registered according to the existing actual use area.

From the implementation of 1982 Regulations on the Management of Rural Construction Land to the implementation of 1987 Land Management Law, if the rural villagers occupy the homestead beyond the local area standard, the excess part can be registered according to the actual use area after being handled according to the relevant national and local regulations at that time.

1987 after the implementation of the land management law, the homestead occupied by rural villagers should be filled in according to the approved area. If the actual occupied area exceeds the approved area, it can be found on the collective land use certificate? Notes column? If the area exceeds the approved area, a clan map shall be drawn according to the actual occupied area. If the occupied area can be determined, the occupied part should be marked with a dotted line on the parcel map.

Five, conscientiously do a good job in the homestead right confirmation work without proof of ownership source or incomplete proof of ownership source.

If the homestead that has been built and used before the end of the second national land survey on June 5438+February 3 1 2009 is within the scope of rural construction land determined by the second national land survey, the historical use and present situation of the land shall be ascertained; In line with the overall land use planning and other related planning, the rural collective economic organization (village Committee) shall issue a certificate to confirm the land owner, area, scope and requisition time. , and published for 30 days. If there is no objection to the announcement, it shall be submitted to the county (city, district) people's government for examination and approval after being audited by the township (town) people's government or the subdistrict office to determine the right to use the homestead.

Sixth, give full play to the role of villagers' organizations

The registration of the right to use the homestead should play an important role in villagers' committees and villagers' groups. Villager autonomy? Ways to properly solve the historical problems such as the identification of farmers' collective membership, the service life of homestead, the identification of land ownership, and whether it has been dealt with.

Seven, strictly regulate the behavior of homestead registration and certification.

It is strictly forbidden to engage in false land registration, and it is strictly forbidden to register and issue certificates for illegal land that has not been legally treated. Reform or adopt the household registration management system without authorization? The village you live in? By other means, the land collectively owned by farmers is converted into state-owned land without legal expropriation procedures, rural collective economic organizations illegally sell or lease collective land for non-agricultural construction, and urban residents buy homesteads and farmers' houses in rural areas, or? Small property right house? If illegal land is used, registration and certification will not be granted.

Eight, continue to promote the registration of homestead ownership.

All localities should take effective measures, establish and improve the mediation mechanism of land ownership disputes, and properly handle disputes over the ownership of rural homestead use rights. Comprehensively inspect, sort out and improve the existing land registration materials; Do a good job in collecting, sorting and archiving the registration materials of the right to use the homestead to ensure the comprehensiveness, completeness and standardization of the registration materials; Strengthen the construction of information system and promote the digital management of land registration files.

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