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In 2022, the state does not allow rural areas to build houses privately, which is also accurately implemented. Rural people have a good advantage, that is, they have a homestead of their own. If people in the city don't want to live in the county town, they can choose to go back to the countryside to build a house.
This kind of message is also very inaccurate and has not been implemented to a certain extent. Houses in rural areas generally have certificates, and there will be a lot of land resources in the hands of ordinary people. The policy is that if the people violate the relevant laws and regulations, they will punish the people, so that the land resources can not be wasted.
The people's houses belong to them, so this policy will not be enforced against the people. Therefore, this kind of policy is also in consideration of the safety of the people, and if some illegal buildings are built, it may also harm the lives of others. Although this phenomenon is not stopped, the villagers will stop building houses because of this, and there will be no safety facilities.
When building a house, you must apply to the local authorities, and you can only build a house after the application is approved. Considering the difficulties of the people, we will not force all the decisions on the people, because they are also not easy. <>
This is not only to protect the lives of the common people, but more importantly, to make the appearance of the countryside better and better. Many young people choose to go out to work, and the house in the house is empty, and when he returns, he finds that the house is old. With planning, we can do things better, which can also ensure that young people have a place to live.
The land is your own, and it is your own will to build a house, but you must do it from a practical point of view. Protecting farmland is the most important task, and the rural areas must also keep up with the development of the cities. The relevant departments have not wavered and let the people build houses on their homesteads without permission, but they hope that they can go through their own review before they can let the people build houses.
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To be precise, the countryside enjoys the right to use this homestead, but it must obtain a corresponding approval, and if it is not approved, it will be an illegal building and will be forcibly demolished.
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The accurate news is that if the villagers carry out a series of homesteads, they must submit a written application to the relevant departments before building their own houses, and only after the application is approved, can effective construction work be carried out.
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Houses cannot be built near water resources, houses cannot be built without approval procedures, houses cannot be built in ecological resource protection areas, people without homesteads cannot build houses, and there are no clear regulations that say that houses cannot be built in rural areas.
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The state does not clearly stipulate that houses cannot be built privately in rural areas, and houses cannot be built in some special protection zones, and if you want to build a house, you need to go through the formalities.
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I heard that the house in my hometown has been repaired by wind and rain for a long time, and the house has collapsed and damaged, wasting land resources.
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It is not true that farmers are not allowed to build their own houses from 2022, as follows:
Although the procedures and processes for self-built houses on farmers' homesteads are indeed stricter than before, as long as the conditions are met, the local government can still approve them, and the state also emphasizes the need to protect farmers' rights and interests in housing and housing;
2. Since the state encourages and guides all localities to build new villagers' residential communities, and from the perspective of future development trends, the new rural communities will be a new type of group living for farmers in the future. If the application for homestead construction is not approved, and the application for self-construction of the homestead is not approved in 8 cases, and the farmer applies for a new residence in another place, but is unwilling to return the original homestead to the collective, except as otherwise provided by the laws and regulations of the collective economic organization, the original homestead has been donated to others or changed to other production and business purposes, does not conform to the general land and space plan and the general plan of the township and town Min, and is under the age of 18. Where the area of the homestead exceeds the local homestead limit, the per capita residential area before the division of households has already exceeded the corresponding local standard;
3. In the context of the country's continuous promotion of rural housing construction pilot work and increased efforts to rectify illegal construction, the approval of farmers' homestead self-built houses will become more and more strict, but the implementation of various policies is still based on the premise of ensuring farmers' residential rights and interests.
Land Management Law of the People's Republic of China
Article 8 The land in urban areas of cities belongs to the branches and ridges of the State. Land in rural areas and suburbs of cities is owned by peasant collectives, except for those that are owned by the state as prescribed by law, and homesteads, self-reserved land, and self-cultivated mountains belong to peasant collectives.
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Legal Analysis]: Specific new regulations for self-built houses in rural areas in 2022:
1.If you need to renovate the house, you should bring the relevant real estate information and the written documents of the application for house renovation to the relevant departments for filing2If you need to renovate the house, and the relevant real estate documents are missing, then you should provide the relevant land use right certificate and other relevant land materials as much as possible to prove it, and you need to go to the relevant departments to report 3
If you need to renovate the house but there is no proof of the property, then you need to re-certify it from the relevant department and apply for it only after passing it.
4.In principle, the renovation of rural houses can only have one opportunity to apply for re-repair and construction, and if the house of the applicant for housing renovation has a renovation record, then the second renovation will generally not be allowed.
Legal basis]: "Measures for the Administration of Rural Homesteads" Article 13 In any of the following circumstances, you can apply for homesteads:
1) It is necessary to relocate or rebuild due to national or collective construction, resettlement, disaster damage, etc.;
2) The implementation of urban, village and market town planning or the transformation of old villages, which requires adjustment and demolition;
3) the existing homestead area has not reached the quota standard specified in these measures and needs to be rebuilt and expanded;
4) has met the conditions for household division and the original homestead area has not yet reached the quota standard specified in these measures and needs to be rebuilt and expanded;
5) With the approval of the county people, the professional and technical personnel introduced or recruited by the rural collective economic organizations really need to settle down in the countryside;
6) Retired, retired, retired employees, demobilized servicemen, overseas Chinese, overseas Chinese dependents, Hong Kong, Macao and Taiwan compatriots returning to their hometowns to settle down with legal certificates;
7) Laws, regulations, and rules provide otherwise. After that, the application process for building a house is basically the same as the process of building a house on the original homestead, but after the preliminary examination of the township **, it must be reported to the county (city, district) housing and urban-rural planning and construction department for review, and the rural construction planning permit will be issued after the review is successful.
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Legal analysis: the examination and approval procedures for farmers to build houses and apply for homesteads: 1. Rural villagers to build houses should first apply to the collective economic organization; 2. The village collective economic organization shall publicize the list of households applying for housing construction in a conspicuous place (more than 15 working days); 3. The Land and Resources Management Institute and the Town Social Affairs Office will conduct a preliminary examination on whether the applicant meets the conditions and whether the proposed land is in line with the plan; 4. After the expiration of the announcement period without objection, the land-using households that meet the conditions of "one household and one base" shall be reported to the township people for review and approval according to the regulations, and then submitted to the county people for approval (those who occupy agricultural land shall be reported to the city according to the regulations for the approval procedures for the conversion of agricultural land).
5. After the homestead is approved, the Land and Resources Institute and the town social affairs office will go to the site to approve the homestead and issue the site selection opinion, planning permit and construction permit. 6. After the completion of the villagers' houses, the Land and Resources Institute shall inspect whether the land is used in accordance with the approved area and requirements, and issue collective land use certificates to the households that meet the requirements. 7. Villagers apply for house ownership certificates with land use certificates and planning permits.
Legal basis: "Land Management Law of the People's Republic of China" 76th without approval or fraudulent means to obtain approval, illegal occupation of land, by the people's land administrative departments at or above the county level ordered to return the illegally occupied land, in violation of the overall land use plan to change agricultural land to construction land, demolition of new buildings and other facilities on the illegally transferred land within a time limit, restore the original state of the land, in line with the overall land use plan, confiscation of newly constructed buildings and other facilities on illegally transferred land may also be subject to fines; The directly responsible managers and other directly responsible personnel of the units that illegally occupy land shall be given administrative sanctions in accordance with law; where a crime is constituted, criminal responsibility is pursued in accordance with law.
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From 2022, farmers will not be allowed to "build their own houses".What's going on?
Whether it is a new construction or renovation, farmers need to apply to the local authorities in advance, and only start construction after approval. If you start to renovate a house without permission or build a new house without permission, then in the strict sense, these buildings are illegal buildings and you will face fines or demolition if they are discovered. Therefore, when farmers build houses, they must apply first, and do not start construction without approval, so as not to touch the stupid limbs and build them is equivalent to working in vain.
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Villagers can still apply for housing construction as long as they follow the plan and requirements. In 2022, China will also implement the strictest cultivated land protection system to curb the phenomenon of indiscriminately occupying farmland to build houses. If a villager needs to apply for a new homestead to build a house, then he must promise to quit the old homestead and demolish the old house, so that he can build a new house on the new homestead, which also meets the standard of one house per household.
According to the regulations on land and house, villagers who have settled in the city can inherit the house, but they do not have the right to use the homestead, and when the house collapses naturally, the village collective will take back these homesteads and redistribute them to the members of the collective.
Legal basis
Article 65 of the Urban and Rural Planning Law of the People's Republic of China in the township or village planning area has not obtained a rural Tongkai construction planning permit in accordance with the law or has not been constructed in accordance with the provisions of the rural construction planning permit, the township and town people shall be ordered to stop construction and make corrections within a time limit; If it is not corrected within the time limit, it may be dismantled.
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Rural people have the right to use the homestead land, and as long as they are members of the village collective, they can apply for the homestead land to build a house in accordance with the plan and requirements. There are three types of situations in which a house cannot be built, and it must be demolished once it is violated: 1
Unauthorized occupation of cultivated land cannot be used to build houses; 2.Those who have a homestead and a house can reapply for a homestead to build a house; 3.If the household registration has been moved out of the deficit collective, it cannot be renovated or newly built.
Article 34 of the Regulations for the Implementation of the Land Management Law of the People's Republic of China provides that rural villagers who apply for homestead land shall apply to the rural collective economic organization on a household basis; Where no rural collective economic organization has been established, an application shall be submitted to the villagers' group or villagers' committee. The homestead application shall be submitted to the township (town) for review and approval after being collectively discussed and approved by the rural villagers in accordance with the law and publicized within the scope of the collective. Where the occupation of agricultural land is involved, the approval procedures for the conversion of agricultural land shall be handled in accordance with law.
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