Rural homestead division standard

Rural homestead is distributed by households, one household and one house. The basis for formulating land use standards for residential sites in various places can be divided into three categories:

1 determined by per capita arable land;

2. According to the land use area and land nature;

3. Land use standards are determined according to the number of family members.

Where rural villagers occupy cultivated land to build houses, rural collective economic organizations shall reclaim cultivated land with the same area and quality as the occupied cultivated land in advance, and report to the land administrative department for examination and approval; Rural collective economic organizations shall pay land reclamation fees to the county (city) land administrative departments in accordance with the law if they do not have the conditions for reclamation or the experience of cultivated land is unqualified. The right to use the following homesteads can be recovered after the villagers' committee applies to the township (town) land management agency, is audited by the county (city) land administrative department and reported to the county (city) people's government for approval: the homestead that needs to be adjusted due to the implementation of village and market town planning and the transformation of old villages; Homestead occupied for the construction of township (town) village public facilities and public welfare undertakings; Rural villagers' homestead outside one household and one house; Homestead vacated by rural five-guarantee households.

Can rural homestead be bought and sold?

According to Article 63 of the Land Management Law: "The land use right collectively owned by farmers shall not be sold, transferred or leased for non-agricultural construction." Rural villagers can only apply for one homestead, and the right to use farmers' homestead is obtained free of charge based on identity, which is related to the membership of collective economic organizations. Homestead has the functions of social welfare and social security to a certain extent. Therefore, rural homestead can be traded among villagers in the village, and it is invalid to sell it to non-villagers.

What should I do if the rural homestead sales contract is invalid? Due to the influence of housing prices or other reasons, there are always people who ignore the legal provisions, secretly trade, sign contracts with others and buy the right to use the homestead without authorization. On the surface, property buyers take a big advantage, but because the sales contract is invalid, the sale of rural homestead is not protected by law. Therefore, in the event of a dispute, you will ask to return a house, causing certain economic losses. It's really dumb to eat Rhizoma Coptidis. Therefore, I suggest that friends who want to buy a house in a rural homestead should think carefully.

Legal basis:

Article 9 of the Measures for the Administration of Rural Homestead

A rural villager can only own one homestead, and the area standard of homestead (including attached houses and courtyard land) does not exceed1.25m2.. Other land shall not exceed140m2; Conditional use of mountainous wasteland, barren slopes, not more than 160 square meters. The land area of homestead is limited to: within 75 farmers with three or less people, within four farmers 100, within five farmers 1 10 or above; Farmers with 6 or more people are within 125_. If non-cultivated land is used, each file can be increased by at most15 _; Where there are conditions to use barren slopes and barren hills to build houses in mountainous areas, each file can be increased by up to 35_. The area of old village reconstruction and relocation of down-hill immigrants exceeds the land use index by 20%.