What does rural construction land mean?

Rural construction land refers to the land that rural collectives and individuals can invest or raise funds for other constructions except agricultural construction, including rural public welfare land, public facilities land and rural residential land. Moreover, the property right of construction land belongs to the collective, and rural people only enjoy the right to use it.

According to China's land management system, land ownership is divided into state-owned land and rural collective land. Rural collective construction land refers to the space-bearing land for farmers to engage in secondary and tertiary industries and their lives, including rural residential land, rural public services and infrastructure land, land for village offices and township enterprises. Generally speaking, China's land factor market is not perfect, and the development between urban and rural areas is unbalanced, especially the collective construction land is basically excluded from the land market. The "Decision" proposes to gradually establish a unified urban and rural construction land market. This is a major policy orientation for the reform of rural collective construction land use system. Promoting the entry of rural collective construction land into the market on the premise of conforming to the plan and enjoying the same rights as state-owned construction land is conducive to the formation of land prices reflecting the relationship between market supply and demand, the establishment of a land price system for collective construction land linked with the urban land price system, and the promotion of more rational allocation of land in competitive use.

The difference between rural construction land and homestead

First, the scope is different.

Rural construction land includes land for public welfare undertakings and public facilities in townships (towns) and villages, as well as residential land for rural residents. Rural collective construction land is divided into three categories: homestead, public facilities, public welfare land and business land.

Homestead includes three types: land with built houses, land with built houses or decided for building houses, land with built houses, land without houses or uninhabitable houses, and land planned for building houses.

Second, the nature is different.

Rural construction land refers to township (town) village construction land, and township (town) village construction land refers to land invested or raised by township (town) village collective economic organizations and rural individuals for various non-agricultural construction.

Homestead refers to the collectively owned land occupied by rural farmers or individuals as a living base.

Third, the transfer restrictions are different.

Under the premise of meeting the planning and use control, the rural collective management construction land is allowed to be sold, leased and invested, and the same market entry, rights and prices as state-owned land are implemented. The transfer of homestead can only be carried out among members of collective economic organizations. Construction land includes homestead.

Private plot is a small amount of land allocated to members for long-term use by agricultural collective economic organizations in order to take care of their needs of planting horticultural crops such as vegetables after agricultural cooperation in China. Its ownership belongs to the peasant collective, and the right to use it is exercised by the peasants on a household basis. The number of private plots used by each household generally does not exceed 5% of the local per capita land.

legal ground

Land Management Law of the People's Republic of China

Article 2 People's Republic of China (PRC) implements socialist public ownership of land, that is, ownership by the whole people and collective ownership by working people.

Ownership by the whole people, that is, land ownership owned by the state is exercised by the State Council on behalf of the state.

No unit or individual may occupy, buy or sell or illegally transfer land in other forms. Land use rights can be transferred according to law.

According to the needs of public interests, the state may expropriate or requisition land according to law and make compensation.

The state practices the system of paid use of state-owned land according to law. However, unless the state allocates the right to use state-owned land within the scope prescribed by law.

Article 9 Urban land belongs to the state.

Land in rural areas and suburban areas belongs to farmers' collectives, except for those that are owned by the state according to the law; Homestead, private plots and private hills are collectively owned by farmers.

Article 10 State-owned land and land collectively owned by peasants may be designated for use by units or individuals according to law. Units and individuals that use land have the obligation to protect, manage and rationally use land.

Article 11 Land collectively owned by peasants belongs to village peasants collectively according to law, and is managed by village collective economic organizations or villagers' committees; Farmers who have been collectively owned by more than two rural collective economic organizations in the village shall be managed by the rural collective economic organizations or villagers' groups in the village; Farmers who have returned to their hometowns (towns) are collectively owned and managed by rural collective economic organizations in townships (towns).