What is the use of the homestead certificate and what does the homestead certificate look like

Rural homesteads have land use right certificates.

The land use right certificate, also known as the state-owned land use right certificate, refers to the legal certificate of the state-owned land use right issued by the people at all levels of the city upon the application of the land user. The certificate mainly states the name of the land user, the location and use of the land, the area of the land use right, the service life and the scope of the land.

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 land use right 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 land refers to the occupation and use of collectively owned land by rural households or individuals as residential bases. Only the right to use! However, the houses and appurtenances on the homestead have the right to inherit, etc.

1. It is a noun in the land management law.

2. The legal basis is the Land Management Law, the administrative regulations of the Ministry of Land and Resources, and the homestead management measures of each province. According to the Ministry of Land and Resources' "Opinions on Strengthening the Management of Rural Homesteads", resolutely implement the law of "one house per household", rural villagers can only own one homestead per household, and the area shall not exceed the standards set by the province (autonomous region, municipality). This criterion is to be handled in accordance with the regulations of the provinces themselves.

The homestead certificate is the only evidence that the homestead and the house are yours in the countryside, because the rural house does not have a real estate certificate!

Legal analysis: 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 not to members of the collective organization. Homestead certificate, commonly known as homestead certificate.

Legal basis: Land Management Law of the People's Republic of China

Article 9 The land in urban areas of cities shall be 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, self-cultivated land, and self-cultivated mountains belong to peasant collectives.

Article 10 State-owned land and land owned by peasant collectives may be determined for use by units or individuals in accordance with law. Units and individuals using land have the obligation to protect, manage, and rationally use land.

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 (town) peasant collectives shall be operated and managed by township (town) rural collective economic organizations.

Article 12 The registration of the ownership and use rights of land shall be carried out in accordance with the laws and administrative regulations on the registration of immovable property. 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.

Legal analysis: 1. You can receive compensation for demolition: The construction and development of rural areas is accompanied by the demolition and expropriation of homesteads, and the prerequisite for receiving corresponding demolition compensation is the homestead certificate in your hand.

Generally speaking, farmers who hold homestead certificates can receive compensation of 10 150,000 yuan, while farmers who do not have certificates are likely to receive no compensation at all, because you have no way to prove that the expropriated homestead is in your name. 2. Receiving settlement subsidies: Although the rural areas are getting better and better, it is inevitable that some farmers want to settle in the city; Of course, because after you settle in the city, you are no longer a member of the rural collective economic organization, so accordingly, you lose the right to the homestead; However, it should be noted that if you have a homestead certificate, then, when you choose to settle in the city and withdraw from the rural homestead, you will get a considerable amount of celebratory subsidies.

3. Mortgage loans: In rural areas, there are many farmers who have the idea of starting a business and getting rich, but they are suffering from insufficient funds and other reasons, which restricts the pace of progress; In this regard, the homestead can be used as real estate, and the mortgage can be made in the bank to obtain a large amount of money, and the homestead certificate is the best evidence.

Legal basis: Civil Code of the People's Republic of China

Article 216 The immovable property register is the basis for the ownership and content of real rights. The immovable property register is managed by the registration authority.

Article 217 The certificate of ownership of immovable property is proof that the right holder enjoys the right to the immovable property. The matters recorded in the certificate of ownership of immovable property shall be consistent with the immovable property register; In the event of inconsistencies in the records, the immovable property register shall prevail unless there is evidence to prove that there is an error in the immovable property register.

The homestead certificate is the "collective land use certificate", but the collective land use certificate has a broader definition, including not only the right to use the homestead, but also the certificate of the right to use the collective construction land used by other collectives or members of the collective, such as: village-run schools, offices, village-run enterprises, etc. , review the certificate, investigate the situation, measure the size, fill in the report, report for approval, and issue the certificate.

To 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 must not have the certificate of use of the Zhai Wangxiao base.

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. A copy of the application and a power of attorney.

4. Registration form of homestead use right. 5. Two original land registration cards and the original homestead use certificate. 6. Three corrected land registration cards.

1. Publish a statement that the original "Housing Ownership Certificate" will be invalidated, and post a notice to solicit objections after publishing the newspaper If there is no objection in the future, the staff of the planning and construction management station of the town to which the homeowner applies will go to the field for measurement; 3. The owner of the house shall provide relevant materials such as ID card, copy of household registration book, original newspaper of invalid registration statement, certificate of village committee; 4. Apply for a new "Housing Ownership Certificate". The cost of compensation for rural real estate certificates 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. Reporting fees.

For more information, please contact the newspaper. According to the Land Management Law, combined with the relevant provisions of the provinces (autonomous regions and municipalities directly under the Central Government) on homestead management, rural villagers may apply for homestead land on a household basis if they have one of the following circumstances: 1. There is no homestead; 2. It is really necessary to divide the household due to the marriage of children and other reasons, and the existing homestead is lower than the standard of household division; 3. The existing housing affects the construction planning of the township (town) and village and needs to be relocated and rebuilt; 4. Those who meet the policy provisions and move into the village collective organization to settle down as a full member and have no homestead in their hometown; 5. Damaged or relocated due to natural disasters.

The homestead certificate can also be reissued if it is lost.

Paragraphs 1 and 2 of Article 62 of the Land Management Law stipulate that a rural villager household may only own one homestead land, and the area of the homestead shall not exceed the standards 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. Article 362 of the Civil Code provides that the owner of the right to use the homestead land shall have the right to occupy and use the collectively owned land in accordance with the law, and shall have the right to use the land to build residential buildings and ancillary facilities in accordance with the law.

What is the purpose of the Rural Homestead Certificate?

1. You can receive compensation for demolition.

In rural areas, sometimes because of construction and development, the peasants' homesteads will be demolished and expropriated, and the state will issue corresponding demolition compensation to the peasant households, up to 10 150,000 yuan in compensation, which varies from place to place, but the premise of receiving this money is that the peasants must have a homestead certificate, otherwise they may not get a penny of compensation, because without a certificate, it is difficult to prove that the expropriated homestead is in their own name.

2. Settlement subsidies are available.

Nowadays, many second-generation farmers have gone to the city for development, and some have settled down directly in the city, so they do not belong to the members of the collective economic organization of the state forest rural area, and they have lost the rights and interests of the homestead accordingly; Therefore, if you have a homestead certificate, you can get a higher subsidy for quitting the homestead.

3. Mortgage loans.

In the rural farming income is usually relatively meager, so some farmers will want to start a business and get rich, but most of the funds in the early stage are insufficient, at this time the homestead can be used as real estate, in the bank is able to carry out mortgages, you can get a lot of funds, homestead certificate is a good certificate.

The homestead use certificate is a homestead certificate issued to you by the state, which belongs to you and is protected by national laws and cannot be infringed upon by others.