What are the three certificates for rural houses?

1. What are the three certificates of homestead land?

The "three certificates" of rural collective land refer to:

1. Collective land ownership certificate, collective land owner Legal certificate for the rights to possess, benefit from and dispose of collective land in accordance with the law.

2. The certificate of land use rights for collective land construction and the legal certificate of the rights of farmers' collectives and individuals to use collectively owned land for non-agricultural construction in accordance with the law.

3. Rural homestead use right certificate, an independent usufruct right unique to my country, means that rural residents can build houses and ancillary facilities on homestead land owned by collective economic organizations obtained in accordance with the law, and have Legal certificate of the right to possess, use and dispose of a homestead with restrictions.

2. How to apply for homestead land

According to Article 40 of the "Implementing Rules of the Interim Regulations on Real Estate Registration", if you have obtained the right to use homestead land in accordance with the law, you can apply for registration of the right to use homestead land separately. . Those who use homestead land to build housing and ancillary facilities in accordance with the law may apply for homestead use rights and house ownership registration.

1. The so-called rural homestead refers to the land used by individual rural villagers to build residences (including houses, kitchens, livestock pens, toilets and courtyards, etc.) with approval in accordance with the law.

2. Homestead land is collectively owned, and rural villagers only have the right to use it. The right to use homestead land is protected by law, and no unit or individual may embezzle, buy or sell it, or transfer it illegally in other forms.

3. All new and old rural homestead sites should be registered by the land management department of the county-level people's government. The county-level people's government will issue a "Land Use Certificate for Collective Land Construction" and pay land use fees in accordance with national regulations. Registration fee to confirm usage rights.

4. Each rural villager household can only have one homestead. When rural villagers apply for a homestead, they must meet one of the following conditions:

(1) Current housing affects townships (towns) and villages. Construction planning requires relocation and reconstruction;

(2) Except for one child left by a rural household, the other children really need to set up separate households and the existing homestead is lower than the household standard;

(3) With the approval of the competent department, farmers who have moved in from other places have no housing;

(4) Technical personnel recruited by collective organizations require to settle in the local area and their household registration has been moved;< /p>

(5) Retired, retired, retired cadres and workers, retired servicemen and overseas Chinese, their dependents, and compatriots from Hong Kong, Macao and Taiwan who have returned to their place of origin to settle down with legal certificates and need to build a house but do not have a homestead.

5. Under any of the following circumstances, homestead land shall not be arranged

(1) After selling, renting or illegally transferring the existing residence in other forms, then applying for homestead land;

(2) One child (female) per household has more than one homestead (including one);

(3) The household registration has been moved out and no longer lives locally;< /p>

(4) Those who are under 18 years old and do not meet the conditions for household splitting;

(5) Although they live in rural areas, their household registration has not been moved to the local area;

< p>(6) Other regulations prohibit building houses and arranging homestead sites.

6. If rural villagers need to use homestead land to build residences, they should submit a written application to the village committee. The village committee should publish the list of household owners, land area, location, etc. for homestead land, and listen to the opinions of the masses. After review and approval, the list of household heads will be published and submitted. The applicant will fill in the (Rural Homestead Application Form) and submit it to the township people's government for review.

7. Approval procedures for rural homestead land:

(1) Application.

The applicant shall submit a written land use application to the local village committee with the application materials. The village committee should collect application materials every quarter, convene a village committee or villagers' congress in accordance with the law to review, and publish the list. If the villagers in the village do not raise any objections or the objections are not established within 15 working days from the date of the list, report it to Submit to the township land and resources office for preliminary review.

(2) On-site investigation.

The township (town) people's government organizes the land and resources office to conduct on-site surveys and mass surveys, review the land for housing and construction application conditions, and prepare survey records and review opinions.

(3) Fill in the application form.

The Office of Land and Resources will issue the "Application Form for Residential Land and Construction of Rural Villagers" after passing the preliminary review.

(4) Village committee review.

The village committee will review and sign an opinion on the "Application Form for Residential Land Use and Construction of Rural Villagers" submitted by the applicant, certifying the applicant's original residential land use and current living situation of family members, and the person in charge will sign , and at the same time stamp the official seal of the village committee and submit it to the township (town) people's government for review.

(5) Review and report.

After receiving the application materials for residential construction land submitted by the village committee, the township (town) people's government will complete the review and determine the scope of planned land on site, and submit it to the county Land and Resources Bureau for preliminary review. The county land and resources bureau will report the projects that meet the approval conditions to the county people's government.

(6) Approval.

If the county people's government approves the use of land, the county Land and Resources Bureau will issue a "Construction Land Approval Letter".

(7) Staking out.

The Institute of Land and Resources will take the lead and coordinate with township and town government personnel to stake out the field in accordance with the "Construction Land Approval Letter" and "Village and Town Construction Project Planning Permit", delineate the scope, fill in the "Stakeout Record Card", stake out the participants The "Stakeout Record Card" should be signed. Only after staking out the land can the applicant start construction.

(8) Acceptance and certification.

To build, renovate or expand a rural villager's residence, one must apply for initial land registration or change registration procedures and house property rights registration procedures in accordance with the law within 30 working days from the date of completion acceptance of the house, and obtain land use rights. certificate and house ownership certificate.

3. How to cancel the homestead land certificate

The cancellation process of the homestead land certificate is as follows:

(1) First go to the national tax to get the form: According to the national tax After completing, signing, stamping, paying invoices, and paying taxes, it will take back the national tax registration certificate and give you a national tax tax registration cancellation notice.

(2) Take the tax registration cancellation notice from the national tax and go to the local tax to get the form. After paying the tax, it will take back the local tax tax registration certificate and give you a local tax tax registration cancellation notice.

(3) Take two notices and cancel the bank account. Land certificate is the legal basis for land owners or land users to enjoy land ownership or use rights. The land certificate is the legal proof that the land owner has the right to use the land in accordance with the law. A house should have a house ownership certificate and a land use right certificate. Only when both certificates are complete can it be considered as having complete rights. All units and individuals that have obtained the right to use state-owned land in accordance with the law can apply for a land certificate from the land administration department.

To sum up, the three certificates of homestead land mainly include the collective land ownership certificate, the collective land construction use certificate and the homestead use right certificate. The three certificates must be properly kept.