Measures for the Administration of Rural Homestead in Kecheng District

Township people's governments, sub-district offices, district government departments and directly affiliated units:

The detailed rules for the registration and certification of rural homestead and house ownership in Kecheng District have been discussed and passed at the 46th executive meeting of the 9th district government, and are hereby issued to you, please earnestly organize the implementation.

Quzhou Kecheng District People's Government Office

2019 July 10

(This work is released to the public)

Detailed Rules for the Implementation of Registration and Certification of Rural Homestead and House Ownership in Kecheng District

Chapter I General Principles

Article 1 In order to further strengthen and standardize the registration and certification of rural homestead and houses in our region and protect the legitimate property rights and interests of rural villagers according to law, according to the Property Law of People's Republic of China (PRC), the Land Administration Law of the People's Republic of China, the Provisional Regulations on the Registration of Real Estate, the Opinions of the General Office of the People's Government of Zhejiang Province on Accelerating the Registration and Certification of Rural Homestead Ownership (Zhejiang Zhengban [2014] No.73) and the General Office of the People's Government of Zhejiang Province on

Article 2 These Provisions shall apply to the registration and certification of rural homestead and house ownership within the administrative area of our district.

The term "ownership registration and certification" as mentioned in these rules refers to the registration and certification of ownership of rural homesteads and houses.

Chapter II Primitive Principles

Article 3 The principle of registration according to law. According to relevant laws, regulations and normative documents, villagers' homesteads and houses must be registered according to law.

Article 4 The principle of applying for registration. To apply for the registration of rural homestead and house, the applicant shall apply to the registration agency where the rural homestead and house are located, and submit the application materials for registration.

The applicant shall be responsible for the authenticity, legality and validity of the application materials, and shall not conceal the real situation or provide false materials to apply for registration.

Article 5 The principle of consistency of property rights. Rural villagers applying for homestead and house registration shall follow the principle that the right holder of homestead use right is consistent with the right holder of house ownership.

Article 6 The principle of respecting history and advancing steadily. Adhere to the premise of "legal ownership, clear boundary, one household, one house and legal area", properly handle the historical problems left over from the management of rural villagers' housing construction, such as less batch and less construction, first batch and then construction, and steadily promote the registration and certification of ownership in accordance with the working method of "easy first, complicated first, and ownership first".

Article 7 the principle of invariance. The house ownership certificate and land use right certificate issued before the implementation of these working rules are still valid, and the obligee shall renew them when applying for change registration.

Chapter III Provisions on Confirmation of Rights

Eighth rural homestead confirmation basis. In strict accordance with the "Opinions of the General Office of the People's Government of Zhejiang Province on Accelerating the Registration and Certification of Rural Homestead Ownership in the Province" (Zhejiang Zhengban Fa [2065438+04] No.73).

(1) Before the implementation of the Regulations on the Management of Rural Construction Land (1February 982 13), if farmers occupy the homestead for building and have not expanded or rebuilt it so far, the right to use the homestead can be determined according to the existing actual use area.

(II) Before the implementation of "People's Republic of China (PRC) Land and Land Management Law" 1 February 982 13 to 19871October1day, if farmers build houses without approval or occupy homestead over the approved area, if they have been in accordance with "Central the State Council on strengthening land management to stop chaos"

(3) 1987 65438+ 10+February 3, 2009 1, farmers built houses without approval or occupied homestead over the approved area, but the builders met the building conditions, and the occupied homestead was in line with the overall land use planning and urban planning, with the consent of the village collective economic organization.

(4) From 20 10 1 date to 2065438+March 27, 2004, if farmers build houses without approval or occupy homesteads exceeding the approved area, but the builders meet the building conditions, the occupied homesteads conform to the overall land use planning and urban planning, and the homesteads can be determined by the county (city, district) government, they will be owned by the rural collective economy.

(5) The general office of Zhejiang Provincial People's Government issued on March 27th, 20 14 (Zhejiang Zhengban Fa [2065438+04] No.46) illegally occupying land for building houses, which shall be handled according to the current policy.

Ninth rural housing ownership basis. In strict accordance with the spirit of the Notice of the General Office of the People's Government of Zhejiang Province on Doing a Good Job in the Registration and Certification of Rural Homestead and Housing Ownership (Zhejiang Zhengban Fa [2017] No.43),

(1)1Before the implementation of the Regulations on the Administration of Rural Construction Land in February, 1982, if farmers occupied the homestead to build houses and have not expanded or rebuilt it so far, the ownership of the houses on the homestead can be determined according to the existing actual construction area.

(2) Before the implementation of the Regulations on the Planning and Construction of Villages and Market Towns (1982, February 1993, 1 1), farmers occupied the homestead to build houses without approval or in excess of the approved area, and in1993,65433. Determine the right to use the homestead in accordance with the relevant provisions of Zhejiang Zhengban Fa [2014] No.73 document, and determine the ownership of the house according to the construction area within the determined right to use the homestead; The excess will not be confirmed.

(3)1993110/0/2014 Before March 27th, if farmers occupy the homestead for building without approval or exceed the approved area, it shall be in accordance with Zhejiang Zhengban [201. Over the construction area, the ownership of the house shall not be determined. If the peasants occupy the homestead approved according to law and fail to go through the formalities for examination and approval of urban planning, the ownership of the house shall be determined according to the construction area approved by urban planning after going through the formalities for examination and approval of urban planning.

(IV) After the promulgation of the Opinions of the General Office of the People's Government of Zhejiang Province on Standardizing the Management of Rural Homestead and Effectively Solving the Difficulties of Farmers in Building Houses (Zhejiang Zhengban [2014] No.46), farmers who illegally occupy the homestead or build houses in violation of urban planning shall be dealt with according to the current policies.

Tenth farmers who illegally occupy the homestead or violate the planning and construction of villages and towns should be resolutely removed in accordance with the relevant policies of "three reforms and one demolition". According to the relevant provisions of Zhejiang Zhengban Fa [2014] No.73 and Zhejiang Zhengban Fa [2017] No.43, the right is confirmed according to the following requirements.

(1) If the overall illegal rural homesteads and houses that have been punished according to relevant documents meet the overall land use planning and town planning, and the construction requirements of "one household, one house", the township (street) shall give supplementary approval according to the housing approval policy at the time of punishment, confirm the ownership according to the approval area at the time of registration, and draw clan maps and household maps according to the actual use scope, and the part exceeding the approved area shall be indicated in the postscript column of the immovable property certificate; For farmers whose main houses have been classified and disposed of according to documents and exceed the approved area, the ownership shall be confirmed according to the approved area at the time of registration, and the clan map and house household map shall be drawn according to the actual use scope, and the part beyond the approved part shall be indicated in the supplementary column of the immovable property certificate; For the farmers who are punished according to the documents, the clan map and the household map are drawn according to the scope of the main house, and the ownership is confirmed according to the area of the main house at the time of registration, but the attached house is not confirmed.

(two) did not apply for illegal land use, in accordance with the "Kecheng District related illegal buildings classified disposal measures" after disposal, in accordance with the above article (a) to confirm the ownership. Due to special reasons, the part of the main house beyond the approved area can be temporarily retained by the township (street), and the part beyond the approved area will be removed together with the demolition and reconstruction in the future, and confirmed according to the approved area when registering. The clan map and the residence map will be drawn according to the actual scope of use. The part exceeding the approved area will be indicated in the supplementary column of the immovable property certificate, and the part exceeding the building will be demolished and rebuilt later. Ancillary buildings that are not classified for disposal can be removed; If the demolition is suspended, the township (street) shall issue a list of the suspension of the demolition, and confirm the ownership according to the area of the main house at the time of registration, and draw the house clan map and floor plan according to the scope of the main house, without confirming the attached house.

Eleventh clear historical issues, confirm the registration.

(1) Before 1 993165438+1October1,the land has been approved or the land certificate has been processed, and the plots and houses are drawn according to the actual use scope. The parcel area is confirmed according to the approved area or the original certificate area, and the balcony part is included in the construction area to be registered and confirmed.

(II) In situ, within the original height range, houses that meet the repair requirements shall be issued by the township level without the approval of the land, planning and township government, and the registration department shall confirm the right.

(III) If farmers or urban residents who are not members of rural collective economic organizations obtain rural houses by inheritance according to law, the right to use the homestead and the registration of house ownership shall be granted, and the certificate of ownership shall indicate that "the obligee is the legal heir of the house of the original member of the peasant collective in the village".

(4) If a member of the former rural collective economic organization becomes a member of a non-original rural collective economic organization due to normal population migration such as further studies, military service, marriage, employment, refuge, serving a sentence, the right to use the house site and the right to register the house ownership within the former rural collective economic organization shall be given, and the ownership certificate shall indicate that "the obligee was originally a member of the village collective economic organization".

(five) for key projects, prevention and control of geological disasters, new rural construction, down poverty and other reasons in accordance with the law to approve the construction of farmers in different places. , you can apply for the registration of the right to use the homestead and the ownership of the house with the relevant ownership certificate, and indicate on the ownership certificate that "the obligee is a member of the collective economic organization of xx village".

(VI) Before the revision and implementation of the Land Administration Law of the People's Republic of China on June 5438+0999 65438+ 10, the homestead that was legally obtained upon approval according to law and did not apply for the construction of another residence was not subject to the restriction of "one household, one residence" and was allowed to register the ownership.

(seven) the transfer and merger of the homestead and the house, the transferee must comply with the provisions of "one household, one house", and the village and township people's government shall issue a certificate; After the transferee, the area exceeds the limited area and cannot be removed due to the structural reasons of the house, which can be registered and issued according to the actual area.

(8) Homestead and houses built before February1982 13 without ownership information shall be confirmed by the two village committees and reported to the local towns (streets) for approval after the historical use and present situation of the land and houses are ascertained. 30 days after the announcement, if there is no objection, the right shall be confirmed.

(9) The death of the registrant of the homestead or house needs to be inherited by parents, spouses or children. If the family members are simple, after verification by the village, township (street) and the signature of the successor, the registration institution shall confirm the right according to the inheritance agreement; For land and housing registrants who have died and have complicated family circumstances, farmers need to hold legal documents with legal effect to register rural homestead and housing ownership.

Twelfth in any of the following circumstances, the first registration and certification shall not be granted (or suspended):

(a) land ownership or housing ownership is controversial;

(two) the illegal acts of land and houses have not been dealt with according to law or have not been recognized by the town (street), and can be temporarily retained;

(3) Rural homestead illegally acquired by urban residents;

(four) unable to provide legal and effective land and housing ownership certificates, identity certificates and other application materials, or the application for registration documents, survey data and field visits are inconsistent;

(five) the original homestead and houses that need to be demolished have been relocated or approved for new construction;

(six) the land and housing rights have been expropriated, confiscated or recovered according to law, and the original obligee applies for the registration of land and housing rights;

(seven) does not comply with the "notice on printing and distributing the special action plan for the demolition and rectification of chaos in Kecheng District" (District Committee Office [2018] No.22);

(8) Other circumstances in which registration is not granted.

Thirteenth in Kecheng District, within the scope of the overall urban planning land for farmers to build houses after the rectification period, in line with the relevant policies and regulations of the rural homestead and houses that are not over-sized, over-occupied, over-built, can be registered for the first time. If the over-occupied area is not punished, the whole house will not be registered; Suspension of rural homestead and housing transfer registration in the planning control area.

Article 14 The rural household registration transferred outside the planning control area shall be determined in accordance with the relevant provisions of the Notice of the Office of the People's Government of Kecheng District, Quzhou City on Printing and Distributing the Measures for the Administration of Farmers' Housing Construction in Kecheng District (Trial) (No.518).

Fifteenth rural residential buildings need to be demolished because of building structure or cultural relics protection, and their properties need to be donated or discounted to local villagers' committees. According to the notarial certificate or the agreement between the two parties, the transfer registration can be handled. Because the house structure is difficult to dismantle, it refers to the situation that two or more households use a homestead (a house), and the demolition of one of them will affect the structure and integrity of the other house, thus affecting the overall quality of the house. For other special reasons, it is really necessary to transfer the rural homestead and houses to the village committee. The village committee shall apply and explain the reasons, and the township (street) shall issue a certificate agreeing to recover the rural homestead and house, and handle the transfer registration according to the notarial certificate or the agreement between the two parties.

Chapter IV Registration and Certification

Sixteenth homestead use rights and housing ownership registration are divided into first registration, change registration, transfer registration, cancellation registration, objection registration, advance notice registration, seizure registration and so on.

Seventeenth homestead use rights and housing ownership registration shall be registered in accordance with the real estate unit. Generally, the independent building on the homestead approved according to law is the basic unit for registration.

Eighteenth rural homestead and housing ownership registration and certification on the premise of "one household, one house, demolition of old buildings and new buildings, legal area", and on the principle of "legal ownership, clear boundaries and accurate area", the owner or obligee shall apply for registration according to the following procedures:

(1) Application for registration;

(2) right investigation;

(3) examination and approval;

(4) registration;

(5) Issuing or replacing certificates.

Nineteenth rural homestead and housing ownership registration content must be announced on the website of Quzhou Natural Resources and Planning Bureau and the location of the homestead, and the announcement period is 15 working days.

If there is any objection during the announcement, and the objector provides relevant written proof materials, the original registration application shall be suspended or suspended, and the applicant shall be notified.

Twentieth applications for rural homestead and housing ownership registration certification shall provide the following materials:

(1) An application for real estate registration;

(2) Legal and valid identity certificates and household registration information of the applicant (person in charge) and agent;

(3) proof of ownership;

(four) issued by the township (town, street) housing quality appraisal report or comprehensive acceptance opinions or housing quality appraisal opinions;

(five) land and housing mapping report.

Chapter V Supplementary Provisions

Article 21 These Rules shall come into force 30 days after the date of promulgation. Before the implementation of these rules, the provisions on the registration and certification of rural homestead and housing ownership are inconsistent, and these rules shall prevail.

Twenty-second these rules shall be interpreted by the Ke Cheng Branch of Quzhou Municipal Bureau of Natural Resources and Planning.