New policies for rural homesteads in Guangdong

What are the Rural Homestead Management Measures of Guangdong Province? Rural Homestead Management Measures Chapter 1 General Provisions Article 1 In order to standardize and strengthen rural homestead management, rationally utilize land resources, and effectively protect cultivated land, according to the "People's Republic of China "Land Management Law of the People's Republic of China", "Property Rights Law of the People's Republic of China", "Urban and Rural Planning Law of the People's Republic of China", "Zhejiang Province Implementation of "Land Management Law of the People's Republic of China" These Measures are formulated based on the actual conditions of the county and other laws, regulations and policies. Article 2 The term “rural homestead land” as mentioned in these Measures refers to the collectively-owned land legally used by rural villagers or approved in accordance with the law for the construction of residences (including auxiliary buildings and courtyards, the same below). Article 3 These measures apply to the management of rural homesteads within the administrative region of this county. Article 4 The county land administration department shall be responsible for the management and supervision of rural homesteads within its own administrative region. Township (town) people's governments are responsible for the management and supervision of rural homesteads within their own administrative areas. Article 5 The construction of residences by rural villagers must comply with the overall land use plan of the township (town) and the urban and rural planning. Encourage natural villages to move to central villages, downhill immigrants, and poverty alleviation communities; encourage unified construction, joint construction, and the construction of apartment-style residences, and control independent houses. Strictly control the scale of land use, and the per capita construction land indicator should comply with relevant regulations. Strictly control the construction of houses in areas prone to geological disasters and the use of mountain slopes. If it is really impossible to avoid it, it should be managed to meet safety requirements before construction can be carried out. Article 6 The construction of residences by rural villagers shall be combined with the renovation of old villages, land consolidation, and homestead reclamation, making full use of the original homesteads, vacant land in the village, and hills and slopes around the village, and strictly controlling the occupation of cultivated land for residential construction. Build residential buildings within basic farmland protection areas. Article 7 Rural villagers who build residences (including new construction, expansion, relocation, and demolition) must go through land use approval procedures in accordance with the law. Those involving the occupation of agricultural land should go through the approval procedures for agricultural land conversion in accordance with the law; those involving transportation, forest land, water conservancy and other land use should also obtain permission or consent from the relevant departments respectively. Article 8 The ownership of rural villagers' homesteads belongs to the collective, and individuals only have the right to use it. No one may transfer or rent it without approval. If it is necessary to adjust the homestead site when implementing village and town planning to renovate old villages and old cities, the original homestead user shall comply. Chapter 2 Application Conditions and Approval Procedures Article 9 A rural villager can only own one homestead per household. The homestead area is standard (including accessory buildings and courtyard land). The maximum cultivated land used cannot exceed 125 square meters; the maximum used for other land is It shall not exceed 140 square meters; in mountainous areas where conditions permit the use of wasteland or slopes, the maximum shall not exceed 160 square meters. The land area limit for homesteads is: 75m2 for a household with three or less people, 100m2 for a household with four people, 110m2 for a household with five people, and 125m2 for a household with six or more people. For those who use non-arable land, the maximum increase for each level is 15m2; for those in mountainous areas who have the conditions to use barren slopes and mountains to build houses, the maximum increase for each level is 35m2. If the area of ??old village reconstruction and downhill resettlement demolition exceeds the land limit by more than 20 m2, the land limit can be relaxed by one level. Article 10: Calculation of the population of rural households building houses: (1) The calculation of the population of rural households building houses shall be based on the rural permanent residence of the household. Those who have received the one-child certificate can add one person to calculate the number of people building a house; (2) Active military personnel (excluding officers), students in colleges and technical secondary schools, and prisoners can count the number of people building a house. If the spouse of an urban resident has a rural registered permanent residence and does not enjoy the housing reform policy, after verification and certification by his or her employer, the spouse can be included in the housing construction population when the spouse applies for building a house; (3) Violation of the family planning policy and failure to accept punishment in accordance with the law , does not count the housing population. Article 11 Calculation of homestead area: (1) Buildings and structures are bounded by the outer wall of the wall, and spliced ??buildings are bounded by the center of the wall or column; (2) Protruded balconies and stairs are calculated based on the vertical projection of the protruding part. The land area is occupied, but no construction is allowed on the ground floor; (3) If two or more households use the same land, the land area is divided according to the proportion of the building area of ??the house property rights and the total area; for the land in the alley, the area shared by the farmers above is used It is half, and the rest is the land use area; (4) The collective land use rights obtained through the purchase of commercial housing and the public paid transfer of state-owned land use rights or the paid transfer of collective land are not included in the homestead area. Article 12 When children who meet the conditions for household registration apply for a homestead calculation limit, the parents shall leave a reasonable limit, and the excess shall be reasonably calculated into the children's household. Farmers whose existing homestead area exceeds the quota should apply for a reduction in the excess area when applying for demolition, construction or relocation of old houses according to the plan.

Article 13 If one of the following circumstances occurs, you may apply for homestead land: (1) Relocation and reconstruction are required due to national or collective construction, immigration, disasters, etc.; (2) Implementation of city, village and market town planning or old village planning Renovation requires adjustment and demolition; (3) The area of ??the existing homestead site has not yet reached the limit standards stipulated in these Measures and needs to be rebuilt or expanded; (4) The conditions for household division have been met and the area of ??the original homestead site has not yet reached the limit standard stipulated in these Measures. Reconstruction and expansion; (5) Professional and technical personnel introduced or recruited by rural collective economic organizations with the approval of the county people's government who really need to settle down in rural areas; (6) Retired, retired, resigned employees, demobilized servicemen, overseas Chinese, and their family members , Compatriots from Hong Kong, Macao and Taiwan return to their place of origin to settle down with legal certificates; (7) Laws, regulations and rules provide otherwise. Article 14 Under any of the following circumstances, the application for a homestead will not be approved: (1) If the area of ??the homestead has reached the standards of these regulations and then applies for a new homestead, except for the reconstruction of old villages for the purpose of implementing village and market town planning ; (2) Leasing, selling or transferring the homestead and the buildings above it in other forms (except for reasonable adjustments for households lacking housing), or converting the residence to other uses and then applying for homestead; (3) Using all family members as After a household applies for a homestead and is approved, it does not meet the conditions for household division or the household division is unreasonable; (4) The children have already established a household and meet the conditions for household establishment, and their parents apply for a homestead separately; (5) Planned implementation Building residences on the original homesteads in areas where old villages have been renovated or natural villages that have been planned to be demolished and merged; (6) Do not demolish the houses that are not needed for living and do not return the occupied homesteads to the village collective; (7) Illegal construction The housing case has not been settled in accordance with the law; (8) Others do not meet the conditions for applying for building a house. Article 15 If any of the following circumstances occurs, the land use right certificate or relevant approval documents may be canceled with the approval of the county people's government, and the village collective shall take back the right to use the homestead: (1) Two years have passed since the date of approval of the homestead. Construction has not started in the year (except for special circumstances); (2) When applying for homestead site approval, the original homestead site promised to the village collective to build new ones and demolish the old ones without demolishing the old houses on its own; (3) Implementation of old village reconstruction or downhill resettlement upon approval The village has moved to the original homestead of the new home (village); (4) Fraudulently obtaining approval or illegally transferring the homestead; (5) Other circumstances in which the right to use the homestead should be recovered. Article 16 For the construction of public facilities and public welfare undertakings in townships (towns) and villages or the implementation of city, market town and village planning to transform old cities, old towns, and old villages, and the land use rights are recovered with approval in accordance with the law, the land use rights shall be revoked. The right holder shall be provided with appropriate compensation; the above-ground buildings may be reasonably compensated based on their actual conditions. Article 17 When rural villagers apply for homestead land, they shall submit a written application to the village committee or village collective economic organization where their permanent residence is located. After discussion and approval by the village committee or village collective economic organization, the application shall include the list of household heads, family size, and origin of the homestead site. If there are no objections after the list of the number of rooms, area of ??the house to be built, location, etc. is published, after obtaining the rural construction planning permit or the construction land planning permit, report it to the township (town) people's government for review, and the county land administration department The review shall be approved by the county people's government, and the approval results shall be announced by the village committee. Article 18 If employees, military personnel and other personnel who have been approved to return to their hometowns to settle down apply for building a residence, they must hold the certificate of no housing issued by the original unit or the people's government of the township (town) where the original residence is located, and submit it to the village committee where the residence is located. Only after obtaining approval from the village collective economic organization can you apply to build a house, and the homestead area standards will be treated the same as those of the villagers. Overseas Chinese, compatriots from Taiwan, Hong Kong and Macao, and foreign Chinese who have been approved to return to their hometowns to settle down can apply for building a house only after obtaining the consent of the village committee or village collective economic organization where their household registration is located. The area of ??their homestead can be determined according to Article 9 of these Measures. Implement with reference to the standards. Article 19 When rural villagers build residences, they shall strictly comply with the approved homestead area, planned number of floors, height and quality standards. The people's governments of all townships (towns) and villages should strengthen the supervision and management of farmers' house building process. The county land administration department must be present at the three stages of review, stakeout and acceptance of farmers' houses. Article 20 The homestead land acquired by individuals for building residences in accordance with the law shall be registered for land use rights in accordance with relevant regulations. Farmers must apply for land registration to the county land administration department and receive a collective land use certificate within 30 days after passing the acceptance inspection of the completed house. If the land use rights are transferred and the land use rights are changed in accordance with the law due to the legal transfer of above-ground buildings, structures and other attachments, an application must be made to the county land administration department for registration procedures for change of land use rights within 30 days after the contract takes effect. Chapter 3 Supervision and Management Article 21 If a rural villager illegally occupies land to build a residence without approval or uses deceptive means to obtain approval, the land administration department of the people's government at or above the county level shall order the return of the illegally occupied land and dismantle the illegally occupied land within a time limit. A newly built house on occupied land. Excessive land occupation exceeding the standards stipulated in these Measures shall be treated as illegal land occupation. Article 22 The county land administration department shall order those who illegally occupy land or occupy more land than the approved area to build residential buildings; those who refuse to stop or continue construction shall have the right to demolish the parts that continue to be illegally built. Buildings and other facilities, and can seize or temporarily withhold tools, equipment, building materials, etc. used for construction.

The people's governments of various townships (towns) and relevant departments will provide assistance and cooperation. Article 23 If a rural construction planning license is not obtained in accordance with the law or construction is not carried out in accordance with the provisions of the rural construction planning license within the township or village planning area, the township or town people's government shall order the construction to stop and make corrections within a time limit; if no corrections are made within the time limit, Yes, can be removed. Article 24 Anyone who violates the provisions of Article 15 of these Measures shall be ordered by the county land administration department to return the land use rights within a time limit. If the person still fails to return the land use rights within the time limit, apply to the People's Court for enforcement. Article 25 Anyone who violates the provisions of Article 20 of these Measures and fails to register land use rights in a timely manner shall be ordered by the county land administration department to complete the registration within a time limit; if the registration is not completed within the time limit, a warning will be given and a fine of not more than 2,000 yuan may be imposed. Those who fail to register changes in land use rights in a timely manner will be ordered by the county land administration department to do so within a time limit; those who fail to do so within the time limit will be given a warning and a fine of not less than 10 yuan but not more than 20 yuan per square meter may be imposed. Article 26 Anyone who obstructs, interferes with or hinders staff members from performing official duties in accordance with the law shall be punished in accordance with the relevant provisions of the "Law of the People's Republic of China on Public Security Administration Punishments"; if it constitutes a crime, it shall be transferred to judicial organs for investigation of criminal responsibility in accordance with the law. Article 27 If any staff member of the county land administration department neglects his or her duties, abuses his power, or engages in malpractice for personal gain, he or she shall be given administrative sanctions in accordance with the law; if a crime is constituted, criminal liability shall be pursued in accordance with the law. Chapter 4 Supplementary Provisions Article 28 If these Measures conflict with the relevant provisions of the superior authorities, the provisions of the superior authorities shall prevail. Article 29 These Measures shall come into effect on January 1, 2008. If readers need legal help, they are welcome to seek legal consultation.