Provisions on Housing Construction of Rural Villagers in Xiangxi Tujia and Miao Autonomous Prefecture

Article 1 In order to standardize rural villagers' housing construction activities, save intensive land and promote rural revitalization, these Provisions are formulated in accordance with relevant laws and regulations and combined with the actual situation of this state. Article 2 These Provisions shall apply to the construction, renovation and expansion of houses and related management, supervision and services of rural villagers on collectively owned land within the administrative area of this State.

The term "rural villagers" as mentioned in these Provisions refers to members of rural collective economic organizations. Article 3 Rural villagers' housing construction shall make rational use of land and effectively protect cultivated land.

State and county (city) people's governments should implement the responsibility of farmland protection, improve farmland protection measures, strictly examine and approve land use, strengthen the dynamic monitoring of farmland occupied by construction, strengthen the law enforcement of farmland protection, rectify the illegal occupation of farmland for building houses according to law, make overall arrangements for new construction land planning indicators, and ensure the reasonable land demand for rural villagers' housing construction. Article 4 The state and county (city) people's governments shall strengthen their leadership in the management of rural villagers' housing construction and the protection of cultivated land, urge the relevant competent departments to perform their duties, incorporate rural villagers' housing construction into the national spatial planning and village planning, and make overall arrangements for related work funds. The people's government of the state shall formulate implementation measures according to these regulations.

The competent agricultural and rural departments of state and county (city) people's governments are responsible for the management, supervision and service of the allocation, use, circulation, dispute arbitration and illegal land use investigation of rural villagers' residential construction land, and guide the utilization of idle land and idle rural houses.

The competent department of natural resources and planning of state and county (city) people's governments is responsible for the management, supervision and service of land spatial planning, land use planning, approval of agricultural land conversion, planning permission and ownership registration, and provides business guidance and technical services for village planning.

State, county (city) people's government housing and urban and rural construction departments are responsible for the management, supervision and service of rural villagers' housing construction design, construction and other construction activities, urge and guide the Township People's government to implement the safety management of rural villagers' housing construction, provide free general atlas, and guide the architectural style.

State and county (city) people's government departments in charge of public security, finance, transportation, water conservancy, ecological environment and forestry. Responsible for the management, supervision and service of rural villagers' housing construction according to their respective responsibilities. Article 5 The Township People's Government shall be specifically responsible for the management, supervision and service of rural villagers' housing construction within its jurisdiction, and implement relevant administrative examination and approval and comprehensive law enforcement according to the authorization of laws and regulations and the entrustment of relevant competent departments. Article 6 Villagers' committees shall assist the township people's governments in the management, supervision and service of rural villagers' housing construction, discourage illegal acts in rural villagers' housing construction, and report to the township people's governments or relevant competent departments in a timely manner; Rural villagers' building behavior can be managed by making village rules and regulations and signing agreements. Article 7 The standing committees of state and county (city) people's congresses and the presidium of township people's congresses shall supervise the housing construction of rural villagers and the protection of cultivated land.

Each Township People's Congress shall listen to and consider the report of the Township People's Government on the housing construction of rural villagers and the protection of cultivated land. Eighth rural residential construction shall conform to the village planning, and the Township People's Government shall organize the preparation of practical village planning and submit it for approval according to the procedures.

Village planning should consider the actual needs of rural production and life, solicit villagers' opinions, make overall arrangements for rural residential land, and reasonably determine the layout, scope, scale and supporting facilities of rural residential areas. Ninth rural villagers can only have one homestead per household, and the area of the homestead shall not exceed the standards set by the province.

Rural villagers who apply for approval of the new homestead should withdraw from the original homestead and hand it over to the village collective economic organization for management. The houses on the original homestead shall be demolished within six months from the date of completion of the new house. If it is not removed within the time limit, it shall be removed according to law. Due to the protection needs of traditional villages, ethnic minority villages and historical and cultural heritage, the original houses shall not be demolished after being disposed of according to law.

County (city) people's government can take various forms to encourage the right to use the homestead to voluntarily withdraw from the homestead obtained according to law. Tenth rural villagers who meet one of the following conditions may apply for building houses:

(a) with household conditions, it is really necessary to set up a new household to build housing;

(two) the existing housing belongs to the old house and needs to be demolished and rebuilt;

(three) the original housing needs to be rebuilt due to the disaster;

(4) Relocation due to state and collective construction or resettlement according to policies;

(five) due to the improvement of housing conditions, it is really necessary to tear down the old and build a new one;

(6) Other circumstances stipulated by laws and regulations. Eleventh rural villagers to apply for housing, one of the following circumstances shall not be approved:

(1) Not a member of a collective economic organization;

(two) does not conform to the national spatial planning and village planning;

(three) does not meet the requirements of "one household, one house";

(4) Selling, leasing, giving to others or converting the original house into production and business purposes;

(5) An application for disputes over the ownership of the homestead;

(six) other circumstances that are not approved as stipulated by laws and regulations.