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OK. However, if the land required to build a house is a rice paddy field, the approval procedure will be more difficult. Nothing else.
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If it is really necessary to build a house for subdivision due to marriage or other reasons, and the area of the original homestead is lower than the standard for subdivision, you can apply for a new homestead. To apply for a new homestead, you must apply to the collective economic organization, and you can build a house after being reviewed and approved by the people of the township (town).
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The younger brother lives in a third-tier city and has a small house in the city, and the local housing prices have risen this year, so he wants to sell the house and build a house at his wife's house (his wife's house is 3 kilometers away from the city center, which is located on Huancheng West Road).
There are several foundations in my wife's house: the first is a four-story building built by my father-in-law in the late eighties (room A), and there are two and a half low-rise bungalows in the 60s parallel to the east of this building, plus the ground, so the landing area is about 100 square meters, located on a small slope (room B), this flat is a bamboo land on the landlord's side, and there are more than 80 square meters (C land), and the mountain behind is 8-10 meters apart. Then there are two rooms in front of the bungalow that were also built in the 60s, and the two rooms are between 110 square meters (D room), and if you want to build it now, you can choose all of (B room) and part of (D room), and if you don't have enough, you can use (C land) part.
Then I want to ask if the rural self-built houses can not exceed the original land construction area, how to approve it, I am very confused, and then the ownership of b, c, d is the wife and grandmother, she wants us to live closer, so if the village or neighbors think that I am from another village to find trouble, can I build a house in the name of my grandmother, after the construction is completed, ask my grandmother to notarize it to me, another point, brother-in-law and I are very good, he said that if he wants to build, come on.
Now that the house price is so high, instead of living in a small house of 100 square meters in the city center, it is better to build a small villa on the outskirts of the city!!
The wife's household registration has not moved out, and the wife's brother has not yet gotten married.
First, rural residents must be at least 18 years old and meet the conditions for separation;
Second, the construction of houses by rural residents must conform to the overall land use plan, the annual land use plan and the village and town construction plan;
The third is the quota standard for rural residents to build houses, with the quota area for using the original homestead and vacant land in the village being 180 square meters, and the quota area for using agricultural land is 140 square meters;
Fourth, rural residents must build houses with "one household and one foundation";
Fifth, rural villagers who are renting out and selling their original homestead land and then applying for homestead land will not be approved;
Sixth, it is strictly forbidden for non-peasant households and other persons to purchase homestead land in the village.
2) The principles that should be followed by peasants in building houses.
Rural residents shall use the original homestead land and the vacant land in the village to build houses, those who can use inferior land shall not occupy good land, those who can occupy wasteland shall not occupy cultivated land, and those who use state-owned land must go through the formalities of transferring it.
Approval procedures for farmers to apply for homestead land for building houses:
When rural villagers build houses, they first apply to the collective economic organization;
The village collective economic organization shall publicize the list of households applying for housing construction in a conspicuous place (more than 15 working days);
The land and resources management office and the town social affairs office will go to the field to determine whether the applicant meets the conditions.
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1. It has been approved by the relevant departments. In the past, you only need to build your own land to build a house, but with the completion of land rights confirmation, building a house is no longer so casual, if you want to build a house, then you must apply for the relevant homestead building, and then you can build a house after the review and permission of the relevant departments. Micronathana.
2. There is no mark of the rebuilt house. Some farmers may have applied for a house before building a house, because they don't remember it, so they will apply for a house again, if you go to the relevant departments to verify that you have applied for a house friends, you only need to find the approval code that has been applied for at this time, you can go directly to build a house.
3. Houses can be built in rural areas. Each different region has different housing policies and standards, ** for the local land use also has a certain plan, there is no suitable base for building houses in the countryside is not allowed to build houses privately.
4. It is necessary to meet the construction policy standards. Now the first implementation of the policy of building a house with one homestead per household, if the builder only owns one household and already has a homestead, then it is not allowed to build a house at this time.
5. Belong to the residents of the place where the application is made. This is because if you do not have a rural hukou or are not a villager in your own village, you do not have any right to build a house in the village where you are applying, and even if you submit an application, it will not be rejected.
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Legal Analysis: 1. Approval.
2. There is no record of house reconstruction.
3. New construction is allowed locally.
4. The renovated houses are in line with the policy planning.
5. The identity of the applicant for housing renovation meets the standard.
6. The ownership of the renovated house is clear.
7. The nature of the land has not changed.
Legal basis: Regulations on the Administration of Planning and Construction of Villages and Market Towns Article 18 Where rural villagers build houses in the planning area of villages or market towns, they shall first submit an application for building houses to the village collective economic organization or villagers' committee; After being discussed and approved by the villagers' meeting, it shall be handled in accordance with the following approval procedures: the use of the original homestead, vacant land and other land in the village shall be approved by the township-level people in accordance with the village, market town planning and land use planning.
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1. Farmers whose homesteads are transferred to others, since the state has launched the rural homestead circulation policy, many farmers will give their homesteads to others in their villages, and such farmers will not be able to reapply for homesteads to build houses in rural areas.
2. The state has strict regulations on the use area of rural homesteads, but now the homestead area of many rural families has exceeded the prescribed standard, and this type of farmers will not be able to re-apply for homesteads to build houses in rural areas in the future.
3. Farmers with more than one house, with the development of the national policy of one household and one house, will comprehensively clean up the related problems of one household and multiple houses in rural areas, and the excess homestead will be dealt with by paying for trial, paid withdrawal, and recultivation subsidies, and farmers with excess homesteads can no longer apply for homesteads to build houses.
4. There is no local homestead to apply for, and now the state has strict control over the rural homestead, and in many rural areas with large populations, there is no relevant planning for homesteads, and these farmers cannot apply for homesteads to build houses.
Legal basis: Regulations on the Work of Supporting the Rural Five Guarantees Article 9 The rural five guarantees support includes the following offerings:
1) Supply of grains, oils, non-staple foods and fuels for domestic use;
2) Provide clothing, bedding and other daily necessities and pocket money;
3) To provide housing that meets the basic living conditions;
4) Provide sickness** and provide care for those who are unable to take care of themselves;
5) Properly handle funeral matters.
Where the recipients of the Rural Five Guarantees are under the age of 16 or have already reached the age of 16 and are still receiving compulsory education, they shall be guaranteed the necessary expenses for receiving compulsory education in accordance with law.
The illness** of the recipients of the Rural Five Guarantees shall be linked to the local rural cooperative medical care and rural medical assistance systems.
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To apply for the relevant regulations of the Ministry of Land and Resources on the management of homesteads, the application for building houses by rural residents shall be made to the village committee. The application is written as follows: xx village committee:
Write at the top) Another letter: state the reason for the application, e.g. because the house is in disrepair and is now uninhabitable and has become a dangerous house.
Or I have been separated from my parents and do not have a house to live in now, (just state the reason for applying to build a house). According to the relevant regulations on homestead management, I have to apply to the village committee for the construction of (how many) square meters of houses on the barren slope (or cultivated land) that belongs to my management and use, and please obtain the approval of the village committee. Villagers' group (signed); Write the application date under this item.
Article 264 of the Civil Code: Rural collective economic organizations, villagers' committees, and villagers' groups shall disclose the status of collective property to the members of the collective in accordance with laws, administrative regulations, charters, and village rules and agreements. Class members have the right to consult and copy relevant materials.
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1. What are the state's regulations on building houses in rural areas?
1. For newly-built, expanded or reconstructed houses in rural areas, the standard area of each homestead is 80-120 square meters, and each village committee shall determine the homestead area standard of the village according to the village planning and the actual land use of the village.
2. Rural independent houses shall not exceed three floors, and the total building area of each household shall not exceed 360 square meters; Townhouses must not exceed four floors, and the total building area of each household must not exceed 450 square meters. Each village should determine a fixed residential building scheme according to the customs and folk conditions of the village, form a unified style, and adopt the form of sloping roof building.
3. Rural housing construction should meet the following setback requirements:
1) 50 meters from the edge of the reservoir; 20 meters from the river and pond;
2) 30 meters from the edge of the retreat village road and 50 meters from the edge of the retreat township (street) road; Setback county road edge line 100 meters; Set back 200 meters from the side line of expressways, national highways, and provincial highways.
3) At the same time, it should meet the requirements of the "Regulations on the Management of Concession Planning for Buildings in Zengcheng City" and other urban and rural planning.
4) The distance between the front and back of the house is not less than 10 meters, and the left and right horizontal spacing between the houses is not less than the meter of destruction.
4. In any of the following circumstances, rural villagers shall not renovate or expand their old residences.
1) New land for residential construction has been obtained;
2) The original residence does not comply with the village plan, the overall land use plan or the relevant setback regulations;
3) The original old residence is a cultural relics protection unit or a building with a preserved style determined by the protection plan of a famous historical and cultural village at or above the provincial level;
4) Within the scope of the geological disaster risk area.
2. What are the procedures for building a house in the countryside.
1) The house builder submits an application to the village committee for building a house;
2) The village committee reviews and approves, signs and seals;
3) Submit an application to the Township Construction Office;
4) The staff of the Township Construction Office conducted on-site surveys and agreed to build houses;
5) Go to the Township Construction Office to get the application form for housing construction;
6) Signed and agreed by the Township Construction Office;
7) The township leader signs and seals to verify and agree;
8) submitted to the county planning and construction bureau for approval (county administrative service center);
9) The builder receives the property right certificate;
3. What are the legal processes for building houses in rural areas?
The process of building a house in rural areas is as follows: the house builder submits an application and fills in the application form for building a house; The villagers' committee signs the opinion and affixes the official seal, and the town ** conducts a preliminary examination; Zhang Bang publishes the preliminary review opinions and submits them to the county-level organs for joint examination and approval; The county land and resources bureau collects the building guarantee fee and issues the construction project permit; On-site inspection of the town and the implementation of the whole process of construction management; The builder applies for completion acceptance and issues a certificate of completion acceptance for the construction of the house.
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