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Can I still apply for homestead land after buying a house?
Legal subjectivity:
Rural homestead is only a right to use, and the ownership belongs to the village collective. Farmers have ownership of the attachments on their homestead and have the right to buy, sell and lease them, and are not infringed upon by others. After the house is sold or rented, the right to use the homestead is transferred to the transferee or lessee, but the ownership of the homestead is always collectively owned. If you sell or rent out your house and then apply for homestead land, your application will not be approved. The land used by farmers to build houses and small courtyards must not exceed the standards stipulated by provinces, autonomous regions, and municipalities directly under the Central Government. , 1. Rural residents have no homestead; , 2. (2) Except for one child, the other adult children of rural residents really need to set up separate households and the existing homestead is lower than the standard for household division (267 square meters) ;,3. (3) Retired, retired, retired cadres, employees, retired soldiers who have returned to the village to settle down, as well as overseas Chinese, overseas Chinese dependents, and compatriots from Hong Kong, Macao and Taiwan who have returned to the village to settle down, need to build a house but do not have a homestead;,4 , (4) The original homestead site needs to be recovered or relocated due to impact on urban and rural planning, but there is no homestead site. , Under any of the following circumstances, no residential land shall be arranged: 1. Buying, selling, renting or illegally transferring houses in other forms; 2. Violating family planning and having more children; 3. One household with one son (female) has one house 4. Those whose household registration has been moved out; 5. Those under the age of 18; 6. Others who should not arrange homestead land according to regulations; rural residents’ homestead land shall be allocated on a household basis. Within the scope of urban planning and planning control, each household shall not exceed 134 square meters, and other areas shall not exceed 167 square meters. ,To sum up, for self-built houses in rural areas, it is also necessary to apply for a real estate certificate in accordance with regulations. Of course, only when the party concerned has applied for a real estate certificate under legal procedures can it be proved that the owner of the self-built house is himself. When obtaining a real estate certificate, you need to apply to the local department and then submit relevant materials. , 1. After accepting the application for homestead land from rural villagers, the staff stationed in the township (town) must conduct on-site surveys and carefully review the scope, area, type and other land use conditions of the applied land. Only those who meet the conditions can apply for homestead. ,2. Rural homestead application and approval procedures and application materials. ,3. According to Article 18 of the "Regulations on the Management of Planning and Construction of Villages and Market Towns": Rural villagers who build residences in the planning areas of villages and market towns must first submit an application for building a house to the village collective economic organization or villagers committee, and the application shall be approved by the villagers meeting. After the discussion is passed, the following approval procedures shall be followed: (1) If cultivated land needs to be used, it shall be submitted to the land management department of the county-level people's government after review and approval by the township-level people's government and the approval of the construction administrative department of the county-level people's government and the issuance of a site selection opinion letter. When a department applies for land, the land management department of the people's government at the county level shall allocate the land; (2) The use of original homesteads, vacant land in the village and other land shall be approved by the people's government at the township level based on the village, market town planning and land use planning. ,4. Approval procedures for farmers’ homesteads. Rural villagers who meet the conditions for applying for homesteads should submit an application to the collective, which will be discussed and approved by the villagers' representative meeting or villagers' meeting. The villagers' committee will submit the application to the township people's government for review and then report to the county-level people's government for approval. ,5. After the homestead approval is completed, the land registration can be carried out. , Our country’s laws are gradually being improved, and we also look forward to helping more people. We hope that everyone will not be emotional. The law is objective:
Article 13 of the "Rural Homestead Management Measures" If one of the following circumstances occurs, you can apply for homestead: (1) Relocation due to national or collective construction, immigration, disaster, etc. , Reconstruction; (2) The implementation of city, village and market town planning or the reconstruction of old villages requires adjustment and demolition; (3) The area of ??the existing homestead land has not reached the limit standard stipulated in these measures and needs to be rebuilt or expanded; (4) Already have The conditions for household splitting and the area of ??the original homestead land has not reached the limit standard stipulated in these measures and need to be rebuilt or expanded; (5) With the approval of the county people's government, professional and technical personnel introduced or recruited by rural collective economic organizations really need to settle down in rural areas; (6) Retired, retired, retired employees, demobilized servicemen, overseas Chinese, their relatives, and compatriots from Hong Kong, Macao and Taiwan who return to their place of origin to settle down with legal certificates; (7) Laws, regulations, and rules provide otherwise. Article 14 of the "Rural Homestead Management Measures" If one of the following circumstances occurs, the homestead application will not be approved: (1) If the homestead area has reached the standards of these regulations and then applies for a new homestead, but for the purpose of implementing villages and market towns Except for those planning to renovate old villages; (2) Leasing, selling or transferring the homestead and the buildings above it in other forms (except for reasonable adjustments by households lacking housing), or converting the residence to other uses and then applying for homestead; ( 3) After all family members apply for homestead as one household and are approved, they do not meet the conditions for household division or apply for homestead by household division unreasonably; (4) The children have already established a household and meet the conditions for household establishment, and their parents apply separately for homestead. (5) Residential buildings are built on the original homesteads in areas where old villages are planned to be renovated or natural villages are planned to be demolished and merged; (6) Houses that are not needed for living are not demolished and the occupied homesteads are not returned to the village collective. ; (7) The case of illegal house building has not been dealt with and concluded in accordance with the law; (8) Others do not meet the conditions for applying for house construction.
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