How to stipulate the confirmation of rural homestead

According to "Several Provisions on Determining Land Ownership and Use Right", the right to use homestead is mainly determined according to the following principles:

1,1In February, 1982, before the State Council issued the Regulations on the Management of Rural Homestead, the homestead occupied by rural residents exceeded the area specified by the local government. After the implementation of the Regulations on the Management of Rural Homestead, the right to use collective land construction can be temporarily determined according to the existing actual use area.

2.1February, 1982, the Regulations on the Management of Rural Construction Land was promulgated. From the effective date of the Land Management Law in June, 65438 +09871October, if the area of rural residents' housing land exceeds the standard set by the local government, the excess will be determined by the central government and the State Council in March, 1986.

3. For rural residents who meet the local government's household building regulations but have not yet been divided into households, if their existing homestead does not exceed the total area standard of household building land, the right to use collective land construction can be determined according to the existing homestead area.

4, non agricultural registered permanent residence residents in the rural homestead, housing property rights have not changed, you can determine the right to use construction land on collective land according to law. If the house is demolished and rebuilt without approval, the land use right shall be recovered by the collective.

5, accept the transfer, purchase of homestead building, and the total area of the original homestead exceeds the standards prescribed by the local government, in accordance with the relevant provisions to allow the continued use, can temporarily determine the collective land construction land use rights.

6. The right to use collective land construction can be determined by inheriting the homestead obtained by the house.

7. If the area of the homestead determined in accordance with the provisions of ownership confirmation exceeds the standard set by the local government, the number exceeding the standard area can be indicated on the land registration card and land certificate, and the right to use can be re-determined according to the area standard set by the local government when building a house alone or when the existing house is demolished, rebuilt, renovated or rebuilt by the government according to law.

8. If the property rights of overseas Chinese in rural homesteads and houses have not changed, the right to use construction land on collective land can be determined according to law. If the house is demolished and rebuilt without approval, the land use right shall be recovered by the collective.

9, idle or houses collapsed, demolition for more than two years did not resume the use of homestead, land use rights are uncertain. If the right to use has been determined, it shall be reported by the collective to the people's government at the county level for approval, and its land registration shall be cancelled, and the land shall be recovered by the collective.