Interim Measures for the Management of Rural Homestead Sites

Legal subjectivity:

1. "Land Management Law of the People's Republic of China": Article 8 Land in urban areas belongs to the state. Land in rural areas and urban suburbs, except for the state-owned land as stipulated by law, is collectively owned by farmers; homesteads, private plots, and hills are collectively owned by farmers. Article 62 A rural villager can only own one homestead per household, and the area of ??the homestead must not exceed the standards stipulated by the province, autonomous region, or municipality directly under the Central Government. When rural residents build residences, they should comply with the overall land use plan of the township (town) and try to use the original homestead and vacant land in the village. The residential land for rural villagers shall be reviewed by the township (town) people's government and approved by the county-level people's government; if it involves the occupation of agricultural land, the approval procedures shall be handled in accordance with the provisions of Article 44 of this Law. If rural villagers sell or rent their houses and then apply for homestead land, they will not be approved. 2. Each province has relevant implementation measures or regulations formulated in accordance with the Land Management Law. For example, the "Shandong Province Measures for the Implementation of the Land Management Law of the People's Republic of China" stipulates: Article 43 A rural villager can only own one Homestead. When rural residents build residences, they must comply with the overall land use plan of the township (town), combine with the transformation of old villages, make full use of the original homesteads, vacant land in the village and hillside wasteland, and strictly control the occupation of agricultural land. The area limits for new homesteads are: (1) In urban suburbs and townships, the area of ??each household shall not exceed 166 square meters; (2) In villages in plain areas, the area of ??each household shall not exceed 200 square meters. If the village is built on saline-alkali land or wasteland, the area may be relaxed appropriately, but the maximum area shall not exceed 264 square meters; (3) In mountainous and hilly areas, if the village is located on plain land, the area of ??each household shall be 132 square meters. ; On thin land on a hillside, the area of ??each household can be appropriately expanded, but the maximum area shall not exceed 264 square meters. If the cultivated land per capita is less than 666 square meters, the homestead area of ??each household may be less than the limit specified in the preceding paragraph. The people's government at the county level may, based on the specific local conditions, formulate homestead area standards within its own administrative region within the limits specified in paragraph 2 of this article. Article 44 Rural villagers who meet the following conditions may apply for the use of homestead land: (1) Due to marriage and other reasons, it is really necessary to build a new house and separate households; (2) The original residence affects the village and town planning and needs to be relocated; (3) The county The people's government at or above the county level approves the return to the place of origin to settle down, but there is no housing in the countryside; (4) Other conditions stipulated by the people's government at or above the county level. Article 45 To build a residence, a villager in rural areas shall submit an application for land use personally. After discussion and approval by all members of the villagers' meeting or rural collective economic organization, the township (town) people's government shall review the application and submit it to the land administration department of the county-level people's government for review. Approved by the People's Government of the People's Republic of China. Among them, those who occupy agricultural land must go through the approval procedures for agricultural land conversion in accordance with the provisions of Article 44 of the Land Management Law. Article 46 If a rural villager has two or more homesteads per household, the village committee or rural collective economic organization may take back the excess homesteads in accordance with the law and make unified arrangements for their use. If there are any ground attachments, appropriate compensation shall be given. The standard is determined by the village meeting; paid use can also be implemented, but if the house is damaged and cannot be used, the excess homestead must be withdrawn. For the residential land that has been recovered and withdrawn, the collective land use rights deregistration procedures must be completed in accordance with the law. 3. The "Decision of the State Council on Deepening Reforms and Strict Land Management" (Guofa [2021] No. 28) stipulates: "Reform and improve the homestead approval system, strengthen rural homestead management, and prohibit urban residents from purchasing homesteads in rural areas." IV , the Ministry of Land and Resources issued the "Opinions on Strengthening the Management of Rural Homestead Sites" (Guofa [2021] No. 234) stipulates: In order to effectively implement the "Decision of the State Council on Deepening Reform and Strict Land Management" (Guofa [2021] 28 No.), further strengthen the management of rural homesteads, correctly guide rural villagers to build rational residences, use land sparingly, and effectively protect cultivated land. The following opinions are hereby put forward: 1. Strictly implement planning and strictly control the scale of rural and town construction land (1) Pay close attention to improving rural land use (Town) land use master plan. All localities should combine the revision and compilation of the overall land use plan, speed up the preparation and improvement of the township (town) land use overall plan, and follow the general requirements for the overall arrangement of urban and rural construction land and the general principles of controlling increment, rational layout, intensive land use, and protecting cultivated land, and reasonably Determine the number, layout, scope and land size of small towns and rural settlements. The approved overall land use plan of the township (town) shall be announced. The land and resources management department must actively cooperate with relevant departments to make village and town construction plans within the identified village and town construction land. (2) Strictly control the construction land in villages and towns according to the plan. All localities must take effective measures to guide rural villagers' residential construction to gradually concentrate in small towns and central villages as planned. For the residential construction of rural villagers in urban planning areas, the construction of residential quarters for farmers should be concentrated to prevent the formation of new "villages in the city" during urban construction and avoid "secondary demolition." For the residential construction of rural villagers outside the urban planning area, in accordance with the requirements of urbanization and intensive land use, the centralized construction of new farmers' villages is encouraged. Within the scope of villages that are planned to be evacuated and merged, except for the renovation of dilapidated buildings, the approval of new construction, reconstruction, and renovation of residential buildings will be stopped. (3) Strengthen the planned management of rural homestead land. The occupation of agricultural land for rural homesteads should be included in the annual plan.

Provinces (autonomous regions and municipalities) may add planned indicators for agricultural land occupied by rural homesteads in the annual plan indicators issued to counties (cities) for urban and rural construction to occupy agricultural land. The planned indicators for agricultural land occupied by rural homesteads should be linked to the newly increased cultivated land area from rural construction land consolidation. After the county (city) land and resources management department inspects and verifies the newly added cultivated land area, it should prioritize the allocation of an equal amount of agricultural land conversion indicators in the overall annual plan indicators for farmers' residential construction. The land and resources management departments of the provincial people's governments must strengthen supervision and inspection of the implementation of the annual plans for agricultural land occupied by rural homesteads in each county (city), and shall not approve land beyond the plan. At the end of each year, each county (city) should report the implementation of the plan for rural homestead occupation of agricultural land to the land and resources management department of the provincial people's government for record. 2. Reform and improve the homestead approval system and standardize the review and approval procedures. (4) Reform and improve the rural homestead review and approval management methods. All provinces (autonomous regions and municipalities) must adapt to the characteristics of farmers' residential construction and reform the approval methods for rural villagers to build residences and occupy agricultural land in accordance with the principles of strict management, improvement of efficiency, convenience and benefit to the people. Counties (cities) can, based on the planned indicators for rural homestead occupation of agricultural land issued by the province (region, city) and the actual needs of rural villagers’ residential construction, submit a one-time report to the province (region, city) or districted city or city at the beginning of each year. Autonomous prefectures apply for approval procedures for agricultural land conversion, and after approval in accordance with the law, the county (city) will approve the supply of housing land on a household-by-household basis. The use of vacant land, old homesteads and unused land in the village for residential construction of rural villagers shall be reviewed step by step by the village and township (town). After being submitted to the county (city) for approval in batches, the township (town) will implement it to each household one by one. (5) Strict application conditions for homestead land. Resolutely implement the legal provisions of "one household, one house". Rural villagers can only own one homestead per household, and the area must not exceed the standards stipulated by the province (autonomous region, city). All localities should formulate unified rural homestead area standards and homestead application conditions based on local realities. Those who do not meet the application conditions shall not be approved for homesteading. Rural villagers who have sold, rented or donated their original houses to others before applying for homestead land will not be approved. (6) Standardize the application and approval procedures for rural homestead land. If rural villagers need to use homestead land to build houses, they should apply to the collective economic organization and publish it in the collective economic organization or villagers' group. If there is no objection after the expiration of the announcement period, it will be reported to the township (town) for review and then to the county (city) for approval. For homestead sites approved in accordance with the law, rural collective economic organizations or villagers' groups should publish the approval results in a timely manner. All localities must standardize examination and approval practices, improve open service systems, and provide high-quality services. Counties (cities) and townships (towns) must announce to the public the application conditions, application and approval procedures, approval time limits, approval authority and other relevant regulations as well as annual land use plans. (7) Improve the homestead management system. In the process of homestead approval, the township (town) land and resources management office must be present at the scene in three aspects. That is: after accepting an application for a homestead, it is necessary to go to the site to review whether the applicant meets the conditions and whether the proposed land complies with the plan; after the homestead is approved in accordance with the law, it is necessary to go to the site to measure and release the homestead; after the villagers' houses are completed, they must go to the site for inspection Whether the land is used in accordance with the approved area and requirements. All localities are prohibited from collecting paid land use fees from farmers for new construction land during homestead approval. (8) Strengthen the registration and certification work of rural homesteads. Municipal and county land and resources management departments should speed up the registration and issuance of rural homestead land certificates, so that homestead land registration and certificates are issued to each household, with clear and standardized content, and effectively safeguard the legitimate rights and interests of farmers. It is necessary to strengthen the registration of changes in rural homesteads, register each change, give full play to the role of cadastral archives in the supervision and management of homesteads, and effectively ensure the implementation of the "one household, one home" legal system. It is necessary to mediate disputes over homestead ownership in a timely manner in accordance with the law and maintain social stability. 3. Actively promote the consolidation of rural construction land and promote intensive land use. (9) Actively promote the consolidation of rural construction land. Counties, cities and townships (towns) should scientifically formulate and implement village transformation and village consolidation plans based on the overall land use plan, combined with the implementation of the small town development strategy and the "village-to-village" project, actively promote the consolidation of rural construction land, and improve urbanization. level and the level of intensive use of land in villages and towns, and strive to save collective construction land. The consolidation of land for rural construction must be carried out in a planned, planned, step-by-step, proactive and steady manner in accordance with the principles of "planning first, policy guidance, villagers' voluntariness, and diversified input". (10) Increase efforts to revitalize existing construction land. All localities should organize and carry out investigations and clean-ups of "hollow villages", idle homesteads, vacant residences, and "multiple houses in one household" according to local conditions. Formulate plans, programs, policies and measures for digestion and utilization, and increase efforts to revitalize existing construction land. When rural villagers build, renovate, or expand residences, they must make full use of vacant land, old homesteads, barren slopes, and abandoned lands in the village. If there is vacant land or unused old homestead land in the village, the occupation of cultivated land shall not be approved. The use of vacant land and old homesteads in the village to build residences must also comply with the planning. For "multiple houses per household" and vacant residences, various localities should formulate incentive measures to encourage farmers to vacate excess homesteads. If the old homestead site needs to be vacated after a new house is built, measures such as signing a contract must be taken to ensure that the old house is demolished on time and the old homestead site is handed over. (11) Increase investment in land consolidation for rural construction. Counties (cities) and townships (towns) should organize village collective economic organizations or villager groups to supplement the cultivated land occupied by farmers' homesteads.

Provinces (autonomous regions, municipalities), cities and counties should allocate part of the funds from the land transfer fees used for agricultural land development, the paid use fees for newly added construction land, and the cultivated land reclamation fees to use for rural construction land consolidation to increase the cultivated land area. Ensure that the cultivated land area is not reduced. 4. Strengthen the publicity and education of the legal system and strictly enforce the law. (12) Strengthen the publicity and education of the land legal system and national policies. Land and resources management departments at all levels must carry out in-depth and sustained publicity and education activities, widely publicize the national land policy and national conditions, laws and regulations, raise the awareness of cadres and the masses to abide by land laws and cherish land, and enhance the consciousness of managing land use, intensive land use and protecting cultivated land in accordance with the law. . (13) Strict daily supervision system. All localities should further improve and improve the dynamic inspection system, effectively strengthen the daily supervision of rural villagers' residential construction land, and promptly discover and stop various land violations. We should focus on strengthening the supervision and management of rural homesteads in the urban-rural fringe areas. It is strictly prohibited for urban residents to purchase residential land in rural areas, and it is strictly prohibited to issue land use certificates for residential buildings purchased or illegally built by urban residents in rural areas. It is necessary to strengthen the township (town) land and resources management institutions and functions, and give full play to the role of township (town) land and resources management offices in homestead management. Actively explore effective measures to prevent land violations and give full play to the supervisory role of the public. Serious violations must be publicly exposed and typical cases used to educate the masses. 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) Implementation of city, village and market town planning or old village reconstruction, which 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 and overseas Chinese, their family members, and compatriots from Hong Kong, Macao and Taiwan who return to their places of origin to settle down with legal certificates; (7) Laws, regulations, and rules provide otherwise.