Provisions of civil law on alley in rural areas

Measures for the Administration of Rural Homestead

Chapter I General Provisions

Article 1 In order to standardize and strengthen the administration of rural homestead, make rational use of land resources and effectively protect cultivated land, in accordance with the Law of the People's Republic of China on the Administration of Land and Land, the Law of the People's Republic of China on the Property, the Law of the People's Republic of China on Urban and Rural Planning and the Law of Zhejiang Province on the Implementation of the "China"

article 2 the term "rural homestead" as mentioned in these measures refers to the collectively-owned land legally used or approved by rural villagers for the construction of houses (including ancillary houses and courtyards, the same below).

article 3 these measures are applicable to the management of rural homestead within the administrative area of this county.

fourth county land administrative departments are in charge of the management and supervision of rural residential sites within their respective administrative areas.

the township (town) people's government is responsible for the management and supervision of rural homestead within its administrative area.

article 5 the construction of houses by rural villagers must conform to the overall land use planning of townships (towns) and the urban and rural planning. Encourage natural villages to move to the central village, migrate down the mountain and gather in poverty-stricken communities; Encourage unified construction, joint construction and construction of apartment houses, and control independent houses.

strictly control the scale of land use, and the per capita construction land index shall comply with relevant regulations.

strictly control the areas prone to geological disasters and build houses by cutting slopes of mountains. If it is really unavoidable, the buildings can only be built after the safety requirements are met.

article 6 rural villagers should combine the construction of houses with the renovation of old villages, land consolidation and reclamation of house sites, make full use of the original house sites, the Uchikoga land of the village and the hilly slopes around the village, strictly control the occupation of cultivated land to build houses, and may not build houses in basic farmland protection areas.

article 7 rural villagers who build houses (including new construction, expansion, relocation and demolition) shall go through the formalities for examination and approval of land use according to law. Involving the occupation of agricultural land, it shall go through the formalities for approval of agricultural land conversion according to law; Involving transportation, forest land, water conservancy and other land, but also should obtain the permission or consent of the relevant departments.

article 8 the ownership of rural villagers' homestead belongs to the collective, and individuals only have the right to use it, and no one may transfer or lease it without approval. If it is necessary to adjust the homestead for the transformation of old villages and old cities in the implementation of town planning, the users of the original homestead shall obey.

Chapter II Application Conditions and Examination and Approval Procedures

Article 9 A rural villager can only own one homestead, and the area standard of the homestead (including ancillary buildings and courtyard land) shall not exceed 125 square meters; The use of other land shall not exceed 14 square meters; Where there are conditions to use wasteland and barren slopes in mountainous areas, the maximum amount shall not exceed 16 square meters.

the land area limit of the homestead is: within 75m2 for farmers with three or less people, within 1m2 for farmers with four people and within 11m2 for farmers with five people; Farmers with six or more people are within 125m2.

if non-cultivated land is used, the maximum increase of each file can be 15m2; Where there are conditions in mountainous areas to use barren slopes and barren hills to build houses, each file can be increased by up to 35m2.

if the area of old village reconstruction and down-hill resettlement exceeds the land quota by more than 2 m2, the land quota of one grade can be relaxed.

Article 1 Calculation of the population of farmers building houses:

(1) The calculation of the population building houses shall be based on their rural permanent residence. Has received the one-child certificate, can increase one person to calculate the housing population;

(2) Servicemen (excluding officers), college students and prisoners can calculate the population of building houses. If the spouse of an urban resident is a rural registered permanent residence and does not enjoy the housing reform policy, it can be included in the housing population when his spouse applies for housing construction after verification and certificate issued by his unit;

(3) Those who violate the family planning policy and fail to be dealt with according to law shall not be counted as building population.

Article 11 Calculation of homestead area:

(1) Buildings and structures are bounded by the outer wall, and those spliced are bounded by the wall or column;

(2) The floor area of the balcony and stairs selected shall be calculated by the vertical projection of the protruding part, but the bottom floor shall not be built;

(3) If two or more households use the same piece of land, the land area shall be shared according to the proportion of the building area and the total area of the house property right; Lane land, the use of upstairs farmers share the area of half, the rest is * * * area;

(4) The right to use state-owned land obtained through the purchase of commercial housing, public paid transfer or collective land paid transfer is not included in the homestead area.

article 12 when a child who meets the requirements of establishing a household applies for the calculation limit of the homestead, the parents shall reasonably calculate the excess to the child's household except for the reasonable limit.

when applying for the demolition and relocation of old houses according to the plan, the farmers whose existing homestead area exceeds the quota should be reduced.

Article 13 In any of the following circumstances, you may apply for a homestead:

(1) Relocation or reconstruction is necessary due to national or collective construction, migration, disaster and so on;

(two) the implementation of the city, village and market town planning or the transformation of old villages, the need to adjust the demolition;

(3) The existing homestead area has not yet reached the quota standard stipulated in these Measures and needs to be rebuilt or expanded;

(four) have the conditions of household and the original homestead area has not yet reached the limit standard stipulated in these measures and needs 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 workers, demobilized soldiers, overseas Chinese, their relatives, compatriots from Hong Kong, Macao and Taiwan have returned to their places of origin to settle down with legal certificates;

(7) as otherwise provided by laws, regulations and rules.

Article 14 In any of the following circumstances, the application for homestead shall not be approved:

(1) If the area of homestead has reached the standard specified in these Provisions, the applicant shall apply for a new homestead, except for the renovation of old villages for the implementation of village and market town planning;

(2) Lease, sell or transfer the homestead and the above-ground buildings in other forms (except for the reasonable adjustment of the lack of housing users), or use the house for other purposes and then apply for the homestead;

(3) after all family members apply for homestead as one household and are approved, they do not have the conditions for household registration or unreasonably apply for homestead by household registration;

(4) If the children have established a household and meet the conditions for establishing a household, their parents apply for a homestead separately;

(5) building houses on the original homestead in the blocks to be reconstructed from old villages or natural villages to be merged;

(6) houses that do not need to live are not demolished, and the occupied homestead is not returned to the village collective;

(seven) illegal housing is not closed according to law;

(eight) other do not meet the requirements for building.

Article 15 Under any of the following circumstances, with the approval of the county people's government, the certificate of land use right or relevant approval documents can be cancelled, and the village collective can recover the right to use the homestead:

(1) Construction has not started for two years since the date of approval of the homestead (except in special circumstances);

(2) When the homestead is submitted for approval, it promises to the village collective to build a new house and demolish the old one without demolishing the old house itself;

(3) the village that has been approved to carry out the transformation of the old village or migrate down the mountain has moved into the original homestead where the new house (village) lives;

(4) fraudulently approving or illegally transferring the homestead;

(5) other circumstances in which the right to use the homestead should be recovered.

article 16. if the land use right is reclaimed after approval according to law for the construction of public facilities and public welfare undertakings in townships (towns) or the implementation of urban, market town and village planning, the land use right holder shall be given appropriate compensation; Buildings on the ground can be reasonably compensated according to their actual conditions.

Article 17 When applying for a homestead, a rural villager shall submit a written application to the villagers' committee or the village collective economic organization where his permanent residence is located. After discussion and approval by the villagers' committee or the village collective economic organization, if there is no objection after the announcement of the list of households applying for a homestead, family population, the number of rooms in the original house, and the area and location of the applied building, he shall obtain a rural construction planning permit or a construction land planning permit, report it to the township (town) people's government for review, and the county land administrative department shall review it.

article 18 employees, soldiers and other personnel who have been approved to settle down in their hometowns shall apply for building houses only after they have obtained the proof of no housing from their original units or the people's government of the township (town) where their original household registration is located and obtained the consent of the villagers' committee or the village collective economic organization where their household registration is located. The standard of homestead area is the same as that of villagers.

overseas Chinese, compatriots from Taiwan Province, Hong Kong, Macao and overseas Chinese who have been approved to settle in their hometowns apply for building houses. They can only apply for building houses after obtaining the consent of the villagers' committee or the village collective economic organization where their household registration is located. The area of their homestead can be implemented according to the standards in Article 9 of these Measures.

article 19 rural villagers should construct houses in strict accordance with the approved homestead area, planned floors, height and quality standards. The township (town) people's governments and villages should strengthen the supervision and management in the process of building houses for farmers, and the county land administrative departments should be present at the scene for the review, lofting and acceptance of building houses for farmers.

Article 2 The homestead acquired by individuals in building houses according to law shall be registered with the land use right according to relevant regulations. Farmers apply for land registration within 3 days after the completion and acceptance of the building, and obtain the collective land use certificate.

if the land use right is changed according to law due to the legal transfer of buildings, structures and other attachments on the ground, the county land administrative department shall apply for the registration of land use right change within 3 days after the contract comes into effect.

chapter iii supervision and management

article 21 if rural villagers illegally occupy land to build houses without approval or by deception, the land administrative departments of the people's governments at or above the county level shall order them to return the illegally occupied land and dismantle the newly built houses on the illegally occupied land within a time limit.

if the land exceeds the standards stipulated in these measures, it will be punished as illegal occupation of land.

Twenty-second county land administrative departments shall order them to stop building houses if they illegally occupy land or occupy more land than the approved area; Those who refuse to stop or continue the construction have the right to dismantle some buildings and other facilities that continue to be illegally robbed, and can seal up or temporarily detain tools, equipment and building materials used for construction. The township (town) people's governments and relevant departments shall assist and cooperate.

Article 23 If a rural construction planning permit is not obtained in accordance with the law or the construction is not carried out in accordance with the provisions of the rural construction planning permit in a township or village planning area, the township or town people's government shall order it to stop construction and make corrections within a time limit; If it is not corrected within the time limit, it can be removed.

article 24 in violation of the provisions of article 15 of these measures, the county land administrative department shall order it to return the land use right within a time limit, and if it fails to do so within the time limit, it shall apply to the people's court for compulsory execution.

article 25 in violation of the provisions of article 2 of these measures, if the land use right registration is not handled in time, the county land administrative department shall order it to be handled within a time limit; If it is not handled within the time limit, it shall be given a warning and may be fined up to 2 yuan. If the land use right is not registered in time, the county land administrative department shall order it to be handled within a time limit; Fails to do so within the time limit, shall be given a warning, and may be fined for more than 1 yuan and less than 2 yuan per square meter.

Article 26 Whoever obstructs, interferes with or obstructs a staff member from performing official duties according to law shall be punished in accordance with the relevant provisions of the Law of the People's Republic of China on Public Security Administration Punishment; If the case constitutes a crime, it shall be transferred to judicial organs for criminal responsibility according to law.

Article 27 Any staff member of the county land administrative department who neglects his duty, abuses his power or engages in malpractices for personal gain shall be given administrative sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

chapter iv supplementary provisions

article 28 if these measures are in conflict with the relevant provisions of the higher authorities, the provisions of the higher authorities shall prevail.

article 29 these measures shall come into force as of January 1, 28.