On the question of rural homestead certificates, what to do with rural homestead certificates

After China's rural cooperativeization, rural villagers on the collective land for the need to build houses, to the collective organization to apply for housing land, after the collective submitted to the county (city) people's approval, to the county (city) land administrative departments to apply for the registration of collective land use rights and issued by the county (city) people's ** "collective land use certificate". The homestead certificate is the current certificate of the right of rural villagers to legally own houses and land, which can be transferred between members of the collective, but must not be transferred to non-members of the collective organization. Homestead certificate, commonly known as homestead certificate.

How to apply for the change of homestead use certificate.

First, the working procedures.

Review the certificate, investigate the situation, measure the size, fill in the report, report for approval, and issue the certificate.

2. Change the basic conditions.

1. The applicant's household registration must be in the village.

2. The applicant's household registration must be an agricultural household registration.

3. The applicant and his family members must not have a homestead use certificate.

3. Materials to be submitted.

1. The original and photocopy of the household registration booklet and a copy of the ID card (A4 paper).

2. Certificate from the local public security bureau police station.

3. One application and one power of attorney.

4. Registration form of homestead use right.

5. Two original land registration cards and original homestead use certificates.

6. Three corrected land registration cards.

Make-up process. 1. The first newspaper declares that the original "Housing Ownership Certificate" will be invalidated, and a notice is posted after the newspaper to solicit objections;

2. If there is no objection after 10 days, the staff of the planning and construction management station of the town to which the owner applies shall go to the field for measurement;

3. The owner of the house shall provide the ID card, a copy of the household registration book, the original newspaper of the invalid registration statement, the certificate of the village committee and other relevant materials;

4. Apply for a new "Housing Ownership Certificate".

Retroactive fees. The cost of rural property ownership certificate compensation is not much, and it is divided into three parts:

1. There is no charge for applying for lost registration;

2. Reapply for the real estate certificate and pay the production cost of the house ownership certificate of 10 yuan and the file fee of 10 yuan;

3. Publication fee. For more information, please contact the newspaper.

The law clearly stipulates that the homestead belongs to the villagers of the village, if it has become an urban household registration, there should not be a homestead, and the old man is no longer alive, the homestead can be owned, but it is impossible to go through the "land certificate" and other relevant procedures.

Now that it has become an urban hukou, there is no guarantee, and the state does not care, and the homestead must be returned in principle. If it is a rural hukou, the state attaches more importance to it and enjoys a lot of protection, so try not to turn it around, according to the current hukou reform, there may be changes in the future.

The acquisition of homestead land shall be applied for by the person himself and certified by the village committee. Report to the local land management department for relevant procedures. Obtain a legal homestead certificate with approval. At the same time, with the approval of the planning and construction department, the design and area of the house allowed to be built are planned. Only then can you obtain the title deed.

For the problem that the area is not recorded on the old homestead certificate, the status quo is generally maintained, unless there is evidence to prove it.

A can find a witness to prove that B has taken more of his family's homestead, and B can also find a witness to prove that he has not occupied more of A's homestead, and this has been the case for decades. If there is evidence to prove that you said that a person from the village of A paid off to testify against him, you can submit relevant evidence to the court and reject it.

If B has no evidence, the outcome is difficult to say, and it is entirely up to the judge to decide.

Once involved in litigation, it is still necessary to actively search for evidence, and the judge still has to make a judgment on the case based on the authenticity, legality and relevance of the evidence.

The process of handling homestead certificates in rural areas is as follows: working procedures: 1. Review documents; 2. Investigation of the situation; 3. Measuring the size; 4. Fill in the report; 5. Report for approval; 6. Issuance of certificates.

Basic conditions for change: 1. The applicant's household registration must be in the village. 2. The applicant's household registration must be an agricultural household registration.

3. The applicant and his family members must not have a homestead use certificate.

Legal basisLand Administration Act

Article 62 A rural villager household may only own one homestead plot, and the area of the homestead must not exceed the standard set by the province, autonomous region, or municipality directly under the Central Government. Rural villagers building houses shall conform to the overall land use plan of the township (town), and use the original homestead land and vacant land in the village as much as possible. The residential land of rural villagers shall be reviewed by the people of the township (town) and approved by the people at the county level; 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 or rent their houses and then apply for homestead land are not to be approved.

Legal analysis: 1. Handling conditions.

To apply for a rural homestead certificate, you first need to meet the conditions. The main objects that meet the requirements are:

1) People who lack homesteads due to the lack of imitation children to get married, scattered families and other reasons;

2) There are retired cadres, retired cadres, employees and other personnel who need to return to their hometowns and settle down in their hometowns and do not have homesteads;

3) People who have been demolished and rebuilt due to the construction of the state, township and village, and people who have no place to live;

4) People at or above the county level who have been approved to return to their original places and have no housing in rural areas;

5) Other applicants who meet the requirements.

2. Handling materials.

The materials required for the unified handling of the rural homestead certificate mainly include: the original and copy of the household registration book or the original and copy of the ID card, the application for the land used for building a house, the rural homestead review and on-site investigation report, the township (town liquid) ** instructions, the review report of the land and resources institute and the announcement, etc.

Due to the slight differences in the handling process in different places, the handling materials used in the actual local area shall prevail, and you can also consult the village committee and let them help handle it.

3. Handling process.

1) First of all, you need to apply to the local village committee and fill in the application form with the help of the village committee;

2) After receiving the application, the village committee will conduct a preliminary review, and report the list to the land and resources management office after the review is passed;

3), the land and resources management institute to investigate the specific situation and report to the town people, after the audit is approved, and by the special person to the site demarcation and line.

Legal basis: Article 62 of the Land Management Law of the People's Republic of China provides that a rural villager household can only own one homestead land, and the area of the homestead shall 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 land, the people at the county level may, on the basis of fully respecting the wishes of rural villagers, take measures to ensure that rural villagers have a place to live in accordance with the standards set by provinces, autonomous regions, and municipalities directly under the Central Government.

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. The preparation of township (town) land use plans and village plans shall make overall plans and reasonable arrangements for homestead land to 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.

Procedures for applying for homestead certificate:1. Review of documents.

The second is the investigation of the situation. The third is to measure the size. 4. Fill in the form.

Fifth, report for approval. Article 62 of the Land Management Law Rural villagers may only own one homestead land, and the area of the homestead shall not exceed the standards prescribed by provinces, autonomous regions and municipalities directly under the Central Government. Rural villagers shall build houses in accordance with the overall land use plan of the township (town), and try to use the original homestead land and idle land in the village.

The residential land of rural villagers shall be reviewed by the people of the township (town) and approved by the people at the county level; 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 apply for homestead land after renting out their houses shall not be approved. Article 4 of the Regulations on the Implementation of the Land Management Law of the People's Republic of China shall be applied for land registration by the landowner to the land administrative departments at the county level where the land is located, and the people at the county level shall be registered and issued a certificate of collective land ownership to confirm ownership.

Farmer collectively-owned land used for non-agricultural construction in accordance with the law, by the land user to the land at the county level of the people's land administrative departments at the county level to apply for land registration, by the county-level people's registration, issued a collective land use right certificate, confirm the right to use construction land. Municipal people can uniformly register the land owned by farmers collectives within the municipal jurisdiction.

Article 62 of the Land Administration Law.

Article 4 of the Regulations for the Implementation of the Land Management Law of the People's Republic of China.

If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.

1) You can receive compensation for demolition, when encountering ** demolition and expropriation of land, farmers with homestead certificates can receive the corresponding compensation for land acquisition, while farmers without certificates can not get compensation because they cannot prove the ownership of the expropriated homesteads. (2) Receiving the settlement subsidy, the rural households with the homestead certificate, after choosing to settle in the city, can receive the corresponding subsidy for the homestead by virtue of the homestead certificate when they withdraw from the rural homestead. There are two main aspects of the legal provisions on the transfer of rural homesteads:

1) The concept of rural homestead use rights, rural homestead use rights refer to the rights of farmers to occupy and use collective land for the purpose of building their own houses. The subject of its rights is a member of the rural collective economic organization, which has the attribute of identity, and it has the nature of welfare to a certain extent. (2) The transfer of the right to use rural homestead land can be divided into transfer to members of the collective economic organization and non-members of the collective economic organization from the subject of the transfer.

1) The right to use the homestead shall not be transferred separately, and the following transfers shall be deemed invalid: 1. Purchase by urban residents; 2. Purchased by legal persons or other organizations; 3. The transferor has not been approved by the collective organization; 4. Transfer to a person other than a member of the collective organization; 5. The transferee already has a house and does not meet the conditions for homestead allocation. (2) The transfer of the right to use the homestead must meet the following conditions at the same time:

1. The transferor owns more than two rural houses (including homesteads); 2. Transfer of members within the same collective economic organization; 3. The transferee does not have housing and homestead, and meets the conditions for the allocation of homestead use rights; 4. The transfer shall be subject to the consent of the collective organization; 5. The right to use the homestead shall not be transferred separately, and the land shall be transferred together with the house. Rural villagers who need to use homestead land to build a house shall apply to the collective economic organization and publish it on the list of the collective economic organization or villager group. If there is no objection at the expiration of the publication period, it shall be reported to the township (town) for review and approval, and then submitted to the county (city) for approval.

For homesteads approved in accordance with law, the rural collective economic organization or villager group shall promptly publish the results of the examination and approval. After reading the above content, I believe everyone should have an understanding of this related issue. Farmers can receive compensation for demolition and relocation in the land requisition for demolition and relocation by virtue of the homestead certificate, and receive a settlement subsidy when they settle in the city.

Measures for the Management of Homesteads

Article 209.

The establishment, alteration, and transfer of immovable property rights and the extinction of Dan clan Liang shall take effect upon registration in accordance with law;

Without registration, it shall not take effect, unless otherwise provided by law. The ownership of natural resources that belong to the State in accordance with the law may not be registered.

Now the state attaches great importance to the rural land policy, for example, in 2019, the rural areas can handle the homestead in a unified manner, but many people do not know much about how to handle it, so what is the rural homestead certificate?

1. The so-called rural homestead certificate is actually a kind of proof of use, if farmers have a need to build a house, they need to submit an application to the local village committee to build a house, and after approval, they can issue a homestead certificate.

2. As a villager, they can legally have the right to use and can transfer it to the village collective, but they cannot transfer it to the collective outside the village.

3. If you want to apply for a homestead certificate, you first need to meet the conditions for processing, and those who meet the requirements are those who lack homesteads. Or because of the demolition and reconstruction, some people have been approved to return to their original rural areas, but people who do not have housing in rural areas can also apply.