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1. The area of the homestead exceeds the local average standard.
Houses in the countryside are relatively large, and everyone must hope that the bigger the yard, the better, and the more convenient. However, if the homestead of your house exceeds the prescribed homestead area, you will also have to pay a fee. Moreover, these excess areas cannot be confirmed by land rights, that is, they are not protected by law.
For example, in China's Anhui Province, it is clearly stated that the area of the homestead that needs to be confirmed for the house that has been built at present cannot exceed 120 square meters, and the excess part will be charged a certain fee according to the population of the family, and the family population can make up the area of the homestead of 20 square meters for each additional person, but the maximum cannot exceed 160 square meters. This is different from the north, generally the base area of the south is 120 square meters, and the base area of the north is 200 square meters.
Fees vary from place to place. Generally speaking, if the area of the homestead does not exceed 20 square meters, then there is no charge; If it exceeds 20 to 70 square meters, it will be charged according to the standard of three pieces of one square meter; If it exceeds the area between 70 and 120, it will be charged at the rate of 6 blocks per square meter.
2. Multiple houses in one household.
If a peasant has more than one house in the village, then the house should be explained and evidence should be presented, if it is obtained through legal procedures such as household registration change, legal sale or inheritance in the village, then you don't have to worry, the state will confirm the land rights to these houses and issue certificates. However, if the peasants' extra homesteads cannot be confirmed, the state will not forcibly demolish them, and will generally require the peasants to withdraw the extra homesteads and give the peasants a certain amount of compensation for the houses, so everyone can rest assured.
3. Change the nature of the land to build houses.
Before land rights were confirmed, the state was not very strict in managing land, and many peasants used their farmland or wasteland in their villages to build houses, turning these lands into homesteads, which is not right.
But in rural areas, this is also a more common practice. If these houses are the only houses in the farmer's village, the state will not order them to be demolished, but the farmer will have to pay a land use fee. The specific criteria are:
There is no charge for houses under 120 square meters; A house between 120 and 190 square meters pays three dollars per square meter; A house of 190 square meters to 240 square meters pays six yuan per square meter.
The rural homestead is an important place for the peasants to settle down and settle down, and the homestead use certificate and property right certificate are the legal guarantee of the home. Therefore, farmers must pay attention!
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Hello, I am a registered practicing land appraiser and property appraiser. As for the question you have inquired about, the procedures for confirming rights in various places are currently in the process of being processed. Confirmation of rights requires the collection of deed tax, stamp duty and other small amounts of taxes.
However, after going through the formalities of confirming the right to the title, it is equivalent to having a legal warrant, and then handling the mortgage, transfer, shareholding and other rights and interests, which is a relevant warrant recognized by law. Only when the corresponding content is changed, the tax liability will be paid according to the relevant tax type according to the market value. If you're happy with me, remember to choose yes.
For unfinished matters, you can contact us by private message.
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Fees for confirmation of rural homestead rights. There is no charge for the portion from 0 to 220 square meters; 220-270 square meters of part 3 yuan square meters; 270-320 square meters of part, 6 yuan square meters; 320-370 square meters of the part of 9 yuan square meters; 370-420 square meters of 12 yuan square meters; 420-470 square meters of part: 15 yuan square meters; The part of 470-504 square meters is 18 yuan square meters.
[Legal basis].Article 9 of the Land Administration Law.
The land in the urban area of the city is owned by the state. Land in rural areas and on the outskirts of cities shall be owned by peasant collectives, except as provided by law for the State; Homesteads and self-reserved land belong to peasant collectives.
Article 11 The land owned by the peasant collectives belongs to the village peasant collectives in accordance with the law, and shall be operated and managed by the village collective economic organizations or villagers' committees; Where a farmer's collective is already owned by two or more rural collective economic organizations in the village, it shall be operated and managed by each of the rural collective economic organizations or villagers' groups in the village; Those that are already owned by township peasant collectives shall be operated and managed by township and rural economic organizations.
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In the actual process of confirming the ownership of rural homesteads, 60 yuan is generally charged to each household, of which 20 yuan is charged on behalf of the Land Bureau, 30 yuan is charged for photography, and 10 yuan is charged for document copying. The standard varies from region to region, and the specific amount is subject to local charges.
Article 62 of the Land Management Law Article 62 A rural villager household may only own one homestead in Xingliangyou, and the area of the homestead shall not exceed the standard set by the province, autonomous region, or municipality 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 cities to voluntarily withdraw from their homesteads for compensation in accordance with the law, and encourages rural collective economic organizations and their members to revitalize and utilize idle homesteads and dwellings. The departments in charge of agriculture and rural affairs are responsible for the reform and management of rural homesteads in Huaiguo.
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Homestead confirmation fees, including land registration and issuance fees of 5 yuan for individuals, 10 yuan for units, and 20 yuan for special certificates made by "three foreign-funded" companies and other countries; Land ownership survey, cadastral surveying and mapping, file fees, rural residents with a living land area of 200 square meters and below will be charged 5 yuan for each parcel of land, and 10 yuan for each parcel of land above 200 square meters.
[Legal basis].Article 3 of the Regulations on the Elimination of Land Management Law.
The State implements a system of registration and issuance of certificates for land in accordance with the law. The ownership and use rights of land registered in accordance with the law are protected by law and may not be infringed upon by any unit or individual.
Article 21 of the Interim Regulations on the Registration of Immovable Property.
The registration of the registered items is completed when they are recorded in the immovable property register. When the immovable property registration authority completes the registration, it shall issue the immovable property ownership certificate or registration certificate to the applicant in accordance with the law.
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As a special form of land use, the confirmation of rural homestead rights is different from that of general land sales or real estate sales. In the process of confirming rights, there will be many cases of area discrepancies or multiple houses in one household due to historical reasons, resulting in problems in confirming rights and the cost cannot be measured. This article will ** the cost of confirming the ownership of rural homesteads.
1. Administrative expenses for confirming the ownership of rural homesteads.
In order to reduce the burden on farmers, implement the policy of supporting agriculture and benefiting farmers, and ensure the smooth progress of the registration and issuance of certificates for rural homestead use rights, Cha Lumeng will exempt the cadastral survey fees and production costs for the registration and issuance of the "Collective Land Use Certificate" for rural homesteads.
2. Methods for measuring rural homesteads.
All localities should follow the principle of "legal ownership, clear boundary address, and accurate area", and in accordance with the "Classification of Land Use Status" (GB T21010-2007), "Technical Provisions on Collective Land Ownership Survey", "Urban Cadastral Survey Regulations" and other relevant technical regulations and standards, make full use of the existing results of the national land survey, and on the basis of the results of large-scale cadastral survey, find out the ownership, boundary site, area and use (land type) of each piece of land in rural areas, and follow the unified parcel coding model. Form a sound cadastral survey results to provide a basis for the registration and issuance of certificates for rural collective land ownership. At the same time, it is necessary to pay attention to the change of cadastral survey and change registration, and maintain the current trend of cadastral results.
The cadastral survey of the parcel of the right to use the homestead and the right to use the collective construction land shall use the analytical method to measure the coordinates of the boundary point and calculate the parcel area, and the scale of the parcel map and cadastral map shall not be less than 1:2000. For homestead and collective construction land that have been issued by other methods such as surveying and zhangzhang, the area of the parcel shall be re-measured and calculated by the analytical method when the registration is changed.
3. The unit price of the right confirmation fee.
On January 31, 2013, the first document of the first Xilian proposed to comprehensively carry out the registration and issuance of certificates for rural land ownership, and required the completion of the registration and issuance of certificates for the confirmation of rural land contract management rights within five years. 2013 is the pilot stage, 2014 is to expand the pilot stage, after 2015 will be fully rolled out the registration and issuance of certificates for the confirmation of rural land contract management rights. The registration and confirmation of land contracting and management rights is 35 yuan per mu, and according to the different land conditions in different places, companies that provide information services can obtain 15-25 yuan per mu.
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Legal Analysis: No Charge for Normal. However, if it falls into the following three cases, the annual fee will be charged:
1. The state needs to carry out ** for rural land that has been idle for more than 3 years, but if you don't want to be **, then the best way is to pay fees to the village collective, 2. The phenomenon of multiple houses per household. For those who own more than one house, they need to pay a certain fee in the process of confirming the ownership.
3. Changes in the nature of the land. The state stipulates that if the nature of the land is changed and the agricultural land is changed to construction land, there will be a fine of 10,000 yuan, and if Sakura is severely warned to destroy the land, he will be sentenced.
Legal basis: Civil Code of the People's Republic of China
Article 363 The acquisition, exercise and transfer of the right to use homestead land shall be governed by the law on land management and the relevant provisions of the State.
Article 364 Where a homestead is lost due to natural disasters or other reasons, the right to use the homestead shall be extinguished. Villagers who have lost their homestead land shall be redistributed to their homestead land in accordance with law.
Article 365: Where the registered right to use a homestead is transferred or extinguished, the registration shall be changed or cancelled in a timely manner.
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