What are the regulations of the state on rural homestead?

Homestead refers to the collectively owned land occupied and used by rural farmers or individuals as residential bases, including three types: land with houses, land with houses or decided to be used for building houses, land with houses, land without buildings or uninhabitable land, and land planned for building houses. Homestead ownership belongs to rural collective economic organizations. What laws and regulations does the state have on rural homestead? What do these regulations mean to farmers?

What are the national laws and regulations on rural homestead? What does it mean to farmers?

1. Homestead can only be circulated within the village collective. According to the land management law, the homestead is not real estate, but the right to use, and the ownership belongs to the village collective. Homestead can neither be bought or sold nor inherited, but it can be circulated within the village collective, and the land management department will examine and approve it according to law and issue a certificate.

2. Due to the dual system of urban and rural areas in China, more and more people are "urbanized" in the wave of urbanization. For whatever reason, once the registered permanent residence is transferred, it loses the right to inherit the old house base, and it can't be bought back. It can only watch helplessly as the "ancestral home" becomes the asset of the village collective.

3. Because of the corresponding relationship between rural hukou and land, some people are unwilling to "turn from agriculture to Africa", and even some civil servants try their best to "turn from agriculture to Africa", but these are a minority after all, and "going to the city" is the general trend. Therefore, from the perspective of specific families, if the relevant laws and regulations remain unchanged, the homestead will inevitably be lost.

4. According to Article 362 of the Civil Code, the right holder of homestead enjoys the right to possess and use collectively-owned land and the right to use the land to build houses and ancillary facilities. The acquisition, exercise and transfer of the right to use the homestead shall be carried out in accordance with the land management law and relevant state regulations.

5. Land allocated by rural collective economic organizations to farmers to build houses and small courtyards to ensure their living needs is used for building houses, auxiliary houses (kitchens, warehouses, toilets), courtyards, biogas digesters, livestock houses, firewood piles, etc. Farmers only have the right to use, and may not buy, sell, lease or illegally transfer. Farmers enjoy the ownership of the attachments on the homestead, and have the right to buy, sell and rent, and are not infringed by others. After the house is sold or leased, the right to use the homestead is transferred to the transferee or lessee, but the ownership of the homestead always belongs to the collective. The application for homestead after the sale or rental of houses shall not be approved. The land used by farmers for building houses and small courtyards shall not exceed the standards set by provinces, autonomous regions and municipalities directly under the Central Government.