Rural renovation of housing problems? 100

There are procedures for the approval of rural renovation houses, which should be valid for three years, and should be re-applied after the expiration date.

Recently, there has been a certain re-planning of real estate rights in rural areas, so it is recommended that you contact the village committee before renovating and inquire about the relevant situation.

This still needs to be questioned by the village committee and the town and urban construction office, after all, the interval is too long, and the policy may change.

It is recommended to consult the village committee, as the policies will vary from place to place.

However, after the application was approved, it was not reversed for some reason.

Hello! [Can a rural house be renovated?] This problem is analyzed according to the following 5 situations:

Situation 1: Before, it was relatively casual to build a house in the countryside, but now it is different, after the homestead is confirmed, the rural housing management has a clear management system, so now in the countryside, whether it is a new house or a renovation, it must be approved, and it can only be constructed after approval!

Situation 2: Rural housing according to the size of each household for the area of housing construction has certain requirements, if your house in the homestead confirmation of the right to belong to the house is over-standard, it is recommended that you do not renovate at will, once demolished, it is difficult to build!

Situation 3: In the countryside, there is a type of rural house that is inherited, and the household registration does not belong to the village collective, and the owner of all such houses only has the right to use the house, so this kind of house is clearly required to be not rebuilt, once there is a collapse, etc., the homestead will be recovered by the village collective!

Situation 4: Rural construction is necessary to approve the homestead first, but once the approved homestead is selected, it is not allowed to change the address of the homestead casually, if you want to renovate the address of the homestead to change slightly, then such a house is a violation, and the situation will be punished if the situation is serious, so don't take risks easily!

Situation 5: In the past, there were no strict regulations on homesteads in rural areas, so many farmers sold their homesteads to members other than the village collective, but this situation is allowed, and the houses bought by urban residents cannot be renovated, you can only use the houses on the homesteads! Therefore, everyone should pay attention to the fact that rural homesteads must not be bought and sold!

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[Can a rural house be renovated?] These four situations can also be demolished if they are built!

1. Whether the old house is rebuilt.

1. The hukou is still in the countryside.

Only people with household registration in rural areas have the right to build houses, and when old houses are renovated, they need to apply for approval for construction, and construction can only start after the approval is passed. Renovation is also a newly built house, so only people with rural hukou can apply to build a house locally, and any house built without approval is considered illegal.

2. The hukou is not in the countryside.

If your hukou is no longer in the countryside, don't rebuild it. In rural areas, as long as there is a house on the homestead, then we already have the right to use the homestead. If the house collapses or is demolished, the homestead will be repossessed at a certain time, not to mention that you are not a rural hukou.

2. Whether the renovation of the old house needs to go through the procedures.

1. There is a usable homestead.

If your homestead can be used, then you only need to apply for construction, but in the construction process, you must follow the standard of area size.

2. There is no usable homestead.

If there is no usable homestead before the renovation, or if the homestead has not been used for more than two years, you need to apply for a homestead first. After the homestead is approved, apply for the construction of the house.

3. It is forbidden to renovate old houses.

1. There is no right to use the homestead.

In rural areas, only people from their own village are eligible to apply for homestead land construction. If you are not from this village, then you will not have the right to use the homestead, let alone renovate the old house at will.

2. The area of the homestead exceeds the standard.

There are certain standards for the area of rural homesteads, which are different in different regions. If the area of the homestead in the home has exceeded this standard, then it is not possible to renovate the house.

3. It has not been approved.

Whether it is a renovation or a new house, it needs to be approved for construction and obtain the relevant permits. If the construction is started without approval, it is illegal construction and will be punished accordingly.

4. There is a dispute over the ownership of the house.

If the ownership of the old house is not clear and there is a big dispute between the related parties, then it is not allowed to be renovated.

Can a rural house be renovated, of course a rural house can be renovated if it has a homestead certificate, and it is okay to renovate it according to the area on the land certificate.

Your own house can be renovated, and the renovated area cannot exceed the original usable area, nor can it be built too high.

Legal Analysis: There are new regulations for the renovation of houses in rural areas, and renovation is prohibited in 5 situations, and violators will be punished. The first type:

Exceeding the prescribed homestead area. The second type: exceeding the specified building height.

According to the "Technical Policy on Rural Housing Construction" issued by the Ministry of Housing and Urban-Rural Development, whether a house is built or renovated in rural areas, the regulations divide the layout of rural houses into vertical subdivision (referring to the number of building floors 2-3 floors) and horizontal subdivision (building floors 4-5 floors), and stipulates that the height of each floor shall not exceed one meter. In this way, if you build three floors, the maximum height of the building shall not exceed one meter. Farmers should also be aware that if they exceed the required building height, they are likely to face penalties by fines or demolition of illegal buildings.

The third type: without legal approval procedures. Fourth:

There is no collective membership in the village. According to the laws of our country, the sale and purchase of homesteads and houses in rural areas are strictly restricted. Therefore, many urban people want to buy an old house in the countryside, renovate it themselves, or buy a piece of land to build their own house.

Because the homestead land is allocated to the members of the village collective, no other person who does not have the membership of the village collective has the right to build houses in the village. Fifth: the original ownership of the house is disputed.

Legal basis: Regulations on the Administration of Planning and Construction of Villages and Market Towns Article 18 Rural villagers who build houses in the planning area of villages and market towns shall first submit an application for building a house to the village collective economic organization or villagers' committee, and after discussion and approval by the villagers' meeting, it shall be handled in accordance with the following examination and approval procedures:

A) the need to use cultivated land, by the township-level people's ** review, county-level people's ** construction administrative departments review and agree and issue a site selection opinion, can be in accordance with the "land management law" to the county-level people's ** land management department to apply for land, approved by the county-level people's **, by the county-level people's ** land management department allocated land (B) the use of the original homestead, idle land and other land, by the township-level people's ** according to the village, town planning and land use planning approval. Urban non-agricultural residents who need to use collectively owned land to build houses in the planning area of a village or market town shall, with the consent of their unit or residents' committee, handle it in accordance with the examination and approval procedures provided for in item (1) of the preceding paragraph. Workers, veterans, retired and retired cadres who have returned to their villages or market towns to settle down, as well as overseas Chinese, Hong Kong, Macao and Taiwan compatriots who have returned to their hometowns to settle down, and need to use collectively owned land to build houses in the planning areas of villages and market towns, shall handle the examination and approval procedures provided for in item (1) of the first paragraph of this article.

Approval Procedures for Farmers' Homesteads Rural villagers who meet the conditions for applying for homesteads shall apply to the collective, which shall be discussed and approved by the villagers' representative meeting or villagers' meeting, and shall be submitted by the villagers' committee to the township people's ** for review and approval, and then submitted to the county-level people** for approval.

1. The area of the homestead after the flip cannot exceed the specified area. Each region has its own homestead area standard, and if the local residents exceed the relevant standard area, they will face fines and other penalties;

2. The house after the flip cannot exceed the specified house height. This includes both vertical and horizontal users, who are subject to the relevant regulations;

3. It is not possible to have more than one house. According to the corresponding laws and regulations, a family can only own one homestead to build a house.

Land Management Law of the People's Republic of China

Article 62.

Rural villagers can only own one homestead per household, and the area of their homestead must not exceed the standards set by provinces, autonomous regions, and municipalities directly under the Central Government.

In areas where per capita land is small and it is not possible to guarantee that a household has a homestead, the people at the county level may, on the basis of fully respecting the wishes of the villagers of Nongxun Village, take measures to ensure that the rural villagers have a place to live in accordance with the standards set by the provinces, autonomous regions, and municipalities directly under the Central Government.

When rural villagers build houses, they shall conform to the overall land use plan and village plan of the township (town), and shall not occupy permanent basic farmland, and shall use the original homestead and vacant land in the village as much as possible. The preparation of township (town) land use plans and village plans shall be based on the overall planning and rational arrangement of homestead land, and improve the living environment and conditions of rural villagers.

The residential land of rural villagers shall be reviewed and approved by the people of the township (town); Among them, where the occupation of agricultural land is involved, the examination and approval formalities shall be handled in accordance with the provisions of Article 44 of this Law.

Rural villagers who sell, lease, or donate their dwellings and then apply for homestead land shall not be approved.

The State allows rural villagers who have settled in urban areas to voluntarily withdraw from their homesteads with compensation in accordance with the law, and encourages rural collective economic organizations and their members to revitalize and utilize idle homesteads and idle residences.

The competent departments of agriculture and rural affairs are responsible for the work related to the reform and management of rural homesteads nationwide.

The latest policies for rural housing renovation are as follows:

1. Rural houses inherited or purchased by non-members of the village collective cannot be renovated. For example, some children with urban household registration have acquired houses left by their parents in the village through inheritance, or have purchased rural homestead houses or "small property rights houses" through some channels. According to the rural policy of "land goes with the house", you can also enjoy the right to use the land or homestead under the house while acquiring the house;

2. It cannot be rebuilt if it does not conform to the policy of "one household and one sedan house" in rural areas or the use area of the homestead exceeds the standard. China's land management law clearly stipulates that the use of rural homesteads must conform to the policy of "one household and one house", that is, rural villagers can only have one homestead for living and living, and the actual area of homestead cannot exceed the local standard;

3. Houses that have changed land use cannot be renovated. China implements a strict use control system for rural land, and rural homesteads are collective construction land for the villagers to live and live, and their main function is to use for residence, and they cannot change their "residential" use without permission, and build them into some commercial factories, which is also not allowed;

4. If there is a dispute over the ownership of the house, it cannot be renovated. Disputes over the ownership of rural houses are common in rural areas, especially when siblings deal with the ownership of their parents' homestead houses.

Legal basisArticle 62 of the Land Administration Law.

Rural villagers building houses shall conform to the overall land use plan and village plan of the township (town), shall not occupy permanent basic farmland, and shall use the original homestead land and vacant land in the village as much as possible.

Legal analysis: If the heir is a member of the collective economic organization and meets the conditions for applying for homestead, he or she can obtain the inherited house and its homestead after approval; If the application conditions are not met, the house can be sold to other people in the village who meet the application conditions, if they are unwilling to sell, the house shall not be renovated, rebuilt, or expanded, and the homestead shall be recovered by the collective economic organization when it is in an uninhabitable state.

Legal basis: Land Management Law of the People's Republic of China Article 14 Disputes over land ownership and use rights shall be resolved by the parties through negotiation and if the agreement fails, it shall be handled by the people. Where parties are dissatisfied with the disposition decision of the relevant people, they may file a lawsuit with the people's court within 30 days of receiving the notice of the disposition decision.

Before the dispute over land ownership and use rights is resolved, neither party shall change the status quo of land use.