Legal information

Article introduction: Do you care about farmers? How much do you know about rural land? Those seemingly simple questions are actually difficult to explain in one or two sentences. No matter how popular the topic is, it will also involve a lot of professional legal knowledge. Today we list some common rural land questions and answers, hoping to be helpful to everyone.

Questions and Answers 1. How to obtain rural homestead land?

1. The land enjoyed by rural villagers based on their status as members of the collective economic organization (administrative village or production team).

2. The land belongs to collective construction land and can be used for residential construction.

3. It has the nature of social welfare and social security function, and farmers do not need to pay any land use fees.

4. This type of land is usually not inheritable.

5. The houses built on the land are personal property and can be inherited in accordance with legal procedures.

6. Villagers enjoy the use rights of homestead land, not ownership.

7. If there is no homestead land available for distribution in the village, the homestead land of the father (brothers and sisters) can be donated to the son (brothers and sisters). However, according to the principle of "one household, one house", the father (brothers and sisters) is not allowed to apply for homestead land.

Q&A 2. What conditions must be met to apply for homestead land?

1. The Yingting demolition team found that villagers in the village who are over 20 years old really need to build new houses and live in separate households due to marriage and other reasons, and lack land for homesteads. It also includes the situation when the man settles in the woman’s home.

2. Needed for some special reasons

(1) Due to the occurrence of natural disasters or the prevention of natural disasters.

(2) Implement village and market town planning.

(3) Carry out the construction of public facilities and public welfare undertakings in townships (towns) and villages.

(4) Relocation is required due to land acquisition for national construction and other reasons.

3. The foreign population settles down and becomes a member of the collective economic organization and does not have homestead land.

4. Urban residents who have returned to their original place of residence with the approval of the people's government at or above the county level and do not have a residence in rural areas.

5. Other circumstances specified by the people's government at or above the county level.

Q&A 3. Under what circumstances will homestead land be disapproved?

1. Those who are under 20 years old.

2. The area of the original homestead land has reached the prescribed standards, or can meet the needs of household division.

3. The villagers of this village will sell, rent, donate or convert the original homestead land and the buildings on it into commercial business premises.

4. Other violations of laws, regulations and local regulations.

Q&A 4. How to apply for, approve, register, and issue certificates for homestead land?

1. Yingting believes that rural villagers who meet the application conditions for homestead land should use the homestead land to build residences.

2. Apply within the scope of construction land for villages and towns determined in the overall land use plan.

3. Submit an application to this collective economic organization.

4. Discussed and approved by the villagers meeting or villager representative meeting.

5. Report to the township (town) people's government for review and approval by the county-level people's government.

6. I bring the relevant materials to the land and resources office of the township (town) or office where I am located to apply for confirmation of rights registration and issuance of certificates.

7. If it involves the occupation of agricultural land, the approval procedures for agricultural land conversion must be completed in accordance with the law.

Q&A 5. If you want to build a new house, what are the approval standards for land area?

1. Each villager can only have one homestead land, commonly known as "one home per household".

2. The approval standards for the land area of new houses built by rural villagers are as follows.

(1) In urban suburbs and townships (towns), the area of each household shall not exceed 166 square meters.

(2) In villages in plain areas, the area of each household shall not exceed 200 square meters.

(3) If the village is built on saline-alkali land or wasteland, the area can be relaxed appropriately, but the maximum area shall not exceed 264 square meters.

(4) If the per capita arable land is less than 666 square meters, the land area of each household's homestead may be less than the limit specified in the preceding paragraph.

Q&A 6. Can rural homestead land be inherited?

1. Rural homestead land cannot be inherited alone. Because according to our country's laws, the ownership and use rights of homestead land are separated.

2. The ownership of the homestead land belongs to the village collective, and the right to use it belongs to individuals. Since the villagers only have the right to use the land, they cannot dispose of it.

3. Without ownership, it does not belong to personal property, so it cannot be inherited according to law.

4. Only houses on homestead land can be inherited.

5. If the houses on the land are lost, they cannot be rebuilt. If you want to continue to use this land, the village collective economic organization needs to take back the land in accordance with legal procedures. The land use rights will be arranged separately.

6. For the vital interests of farmers, the country, provinces and municipalities have accelerated the registration and certification of rural homestead land use rights. The management of rural homestead land has been strengthened. Through the registration and certification of rural land rights, farmers’ collective land rights are confirmed in accordance with the law, the legal property rights of the farmers are protected, and the farmers’ awareness of land property rights is strengthened.

Q&A 7. If you want to apply for rural homestead land, what materials do you need to submit?

1. Application form for individual villagers to apply for homestead land.

2. The Yingting demolition team believes that the applicant’s basic situation is. Including name, gender, age, ID card, family members, whether the household registration is a collective household registration in the village, etc.

3. The following materials should be issued by the village committee or rural collective economic organization.

(1) The applicant’s existing homestead land situation.

(2) The location, area, parcel sketch, etc. of the land to be distributed to the applicant.

(3) Discussions by members of villagers’ meetings or village collective economic organizations, explanations of the situation announced in the village collective, etc.

(4) Township land use overall planning map, current situation map, etc., and indicate the type of land to be occupied.

4. If the project belongs to the construction of new land and the old land, the applicant and the village committee shall sign an agreement on the land construction of the new land and the old land.

5. Other materials that need to be submitted.

Q&A 8. How to confirm, register and issue certificates for “over-area homestead land” generated at different historical stages?

1. If the homestead land occupied by rural villagers for building houses before the implementation of the "Regulations on the Management of Land for House Building in Villages and Towns" was implemented (February 13, 1982) and the land area has not been expanded since the implementation of the "Regulations on the Management of Land for House Building in Villages and Towns", it can be registered according to the existing area of use.

2. From the time when the "Regulations on the Management of Land for Housing Construction in Villages and Towns" was implemented in 1982 to the time when the "Land Management Law of the People's Republic of China" was implemented in 1987, if the homestead land occupied by rural villagers for building houses exceeds the area standards specified by the local area, the excess part can be registered according to the actual use area after being dealt with in accordance with the relevant national and local regulations at that time.

3. After the implementation of the "Land Management Law of the People's Republic of China" in 1987, if the homestead land occupied by rural villagers for building houses exceeds the area standard prescribed by the local area, it shall be registered according to the homestead land area approved by the Shandong Provincial Government. If the land area of ​​the homestead exceeds the prescribed standards, it can be noted in the land registration book and the note column of the land rights certificate, and the overoccupied area will be marked. When houses are built in separate households or the existing houses are demolished, remodeled, renovated, or the government implements planning and re-construction, the land will be dealt with according to relevant regulations, and the rights will be re-registered in accordance with the area standards stipulated by various localities.

4. The homestead land is the same whether it is obtained through village committee allocation, inheritance, donation, household division, etc. Certificates will be issued in accordance with the principle of "one household, one residence", and those who do not meet the conditions will not be allowed to apply for certificates. If the land is vacant or the building has not been completed, the certificate will not be issued.

5. Can the homestead land allocated for new rural construction be certified? If a new village is constructed on the original village site, and the land occupied is the collective construction land of the original village, the homestead land application can be applied for, and with the approval of the people's government with the authority to approve, the rights confirmation, registration and issuance of certificates can be carried out. For new rural construction on cultivated land, if the formalities for converting agricultural land to construction land have been completed, you can apply for confirmation of rights, registration and issuance of certificates; for those who have not completed the formalities for agricultural land conversion, no matter how large the scale is, no matter which level of approved new rural area it is, registration procedures are not allowed.

6. How to register land involving "village merger" according to law? If the subject of land ownership remains unchanged after the "merger of villages", the ownership will still be confirmed to the original farmers' collective. If the subject of land ownership changes after "village merger" and is recognized by the vast majority of villagers, after completing the legal procedures for changing collective land ownership, the collective land ownership shall be determined according to the changed subject, and the land area of ​​each original farmer collective shall be noted in the land registration book and land certificate.

7. How to register the homestead land for "removal of villages and construction of residences"? The original collective land that has not been expropriated will only be surveyed and statistics will not be registered and certified. When conducting surveys and statistics, the name of the original farmers' collective shall be stated after the name of the new unit.

8. How to register the pilot program linking the increase and decrease of urban and rural construction land and rural land consolidation? In principle, the original land ownership should be maintained unchanged; if the land is adjusted according to the law, the ownership of the collective land rights shall be determined in accordance with the adjustment agreement, and the land change registration procedures shall be completed in a timely manner according to the law.

Q&A 9. How to identify and deal with the problem of "one house, one house"?

1. How to identify?

(1) In principle, the identification shall be based on the household registration managed by the public security department. A household registration is essentially one household and can only apply for one homestead land.

(2) These types of villagers can be treated specially.

A. Married and living separately;

B. Unmarried but over twenty years old and living alone;

C. Minors who inherit the ownership of the house on the homestead land according to law;

D. If it is obtained in accordance with the law through judicial arbitration, it can be registered according to judicial documents.

E. If you live in another village due to marriage, but your household registration is still in the village, the couple can only choose to own the homestead land in one of them and apply for registration of rights confirmation.

2. According to Article 62 of the Land Management Law, how to solve the problem of “one house per household”? The Yingting demolition team has the answer.

(1) Each rural villager household can only own one homestead land.

(2) The land area of the homestead shall not exceed the standards stipulated by the province, autonomous region, or municipality directly under the Central Government.

(3) When confirming and registering rural homestead land use rights, "one household, one house" must be adhered to. Except for "one household, one house", the rights of multiple homestead lands will not be confirmed and registered.

(4) Excessive homestead land shall be treated as illegally occupied land in accordance with the relevant provisions of the Land Management Law.

Q&A 10. Who are the legal subjects of homestead land use rights?

1. Members of this farmers’ collective.

2. Farmers who are not part of the farmers' collective and are relocating in a centralized location due to geological disaster prevention and control, new rural construction, resettlement, etc., and on the premise of complying with local planning, and with the consent of the majority of the members of the farmers' collective and the approval of the competent authority to build houses in other places, their rights can be confirmed, registered and issued in accordance with regulations.

3. Members of the farmers' collective who already own a homestead land, or rural or urban residents who are not members of the farmers' collective, who occupy rural homestead land due to inheriting a house, can register and issue a certificate in accordance with regulations, and the note column of the "Collective Land Use Certificate" should note that "the obligee is the legal heir of the residence of the original member of the farmer collective."

4. For non-agricultural registered residents (including those who have moved out of registered residence and overseas Chinese), if the property rights of the homestead land and houses originally acquired legally in rural areas have not changed, and if the farmer collective issues a certificate and announces that there is no objection, the land registration can be carried out in accordance with the law. In the note column of the "Collective Land Use Certificate", it should be noted that "the obligee is not a member of the farmer collective".

5. For homestead land without proof of ownership source, the historical use and current status of the land should be ascertained. The village committee will issue a certificate and announce that there is no objection for 30 days. After review by the township (town) people's government, it will be reported to the county-level people's government for approval. If it is a legal use, the homestead land use rights will be determined.

Q&A 11. If any of these situations occur, registration of homestead land use rights cannot be processed.

1. The land for homestead land use rights applied for registration does not comply with the "Township Land Use Master Plan".

2. In addition to inheritance, a rural villager family applies for registration of the second homestead land use right.

3. Non-members of the collective economic organization or urban residents purchase homestead land and houses in rural areas.

4. The dispute over homestead land ownership has not yet been resolved;

5. Land violations have not yet been dealt with or are being dealt with;

6. The rural homestead land has not been used for construction for two consecutive years after approval;

7. Other rights stipulated in laws, regulations and policies will not be confirmed.

Q&A 12. Under what circumstances will rural homestead land be recovered?

1. Yingting found that it was necessary to adjust or relocate residences for reasons such as renovating old villages or requisitioning for national construction in order to implement village market town planning. After the new houses were built, the old houses were not demolished within the time limit without justifiable reasons, and the original homestead land was withdrawn.

2. Homestead land that needs to be occupied for the construction of township (town) and village public facilities and public welfare undertakings.

3. Rural villagers have different homestead land due to inheritance of houses and other reasons.

4. Homestead land that has ceased to be used due to cancellation of accounts due to relocation, death, etc.

5. Failure to use in accordance with approved purposes.

6. Illegal transfer of homestead land.

7. If any of the above circumstances occurs, it must be reported to the municipal or county people's government for approval. The land use certificate or land use approval document can be cancelled, and the village committee or rural collective economic organization can take back the land use rights of the homestead.

Q&A 13. Can urban residents and non-villagers purchase rural homestead land in their own village?

1. According to relevant legal provisions, urban residents cannot purchase homestead land and farmers’ houses in rural areas.

Q&A 14. Can I buy a "small property right house" on rural land?

1. Houses with small property rights refer to houses and ancillary supporting facilities built on farmers’ collective land without approval. Land transfer fees and other related fees have not been paid to the government. The nature of the land is collective and it is an illegal and illegal land use.

2. According to the clear provisions of the "Land Registration Measures", it is strictly prohibited to legalize illegal and illegal land use through land registration. Therefore, we cannot issue certificates to houses with small property rights.

3. In order to protect your legal rights and interests, please be careful when purchasing a house without a real estate certificate. Once you encounter land acquisition and demolition, you will not be able to receive reasonable compensation.

Q&A 14. After leasing or selling the house on the homestead land, can I apply for homestead land again?

Of course not! According to Article 62 of the Land Management Law, rural villagers who sell their houses and then apply for homestead land will not be approved. The Yingting Demolition Group reminds you that according to the "Opinions of the Ministry of Land and Resources on Strengthening the Management of Rural Homestead Land", rural villagers who sell, rent or donate their original houses to others and then apply for homestead land will not be approved.

Yingting reminds you:

Rural homestead land is the social security and welfare of every villager. Please use your land legally. If you have any unclear questions, please communicate with the village cadres in time, express your difficulties, and express your hope for help from the village. Due to the special nature of rural areas, villagers' autonomy is allowed as long as it does not violate the law. Villagers' autonomy is a powerful guarantee for revitalizing the countryside. Each village collective organization may have agreed-upon rules and village regulations. If you have conflicts and disputes, try to resolve the problem through negotiation as much as possible. If you cannot reach an agreement through negotiation, please contact a professional rural land acquisition and demolition lawyer as soon as possible to find a solution.