New policies for rural housing construction in 2022

The policy for building houses in rural areas is as follows:

Strictly speaking, rural housing should be built on the original homestead, if there is no homestead, you can apply for a homestead based on the principle of one house and one household, the homestead covers an area of no more than 120 square meters, the building of the house can not exceed 3 floors, and the construction area can not exceed 350 square meters;

If it is exceeded, it is an oversized and super-tall building, and the excess part may be forcibly demolished.

Legal basisArticle 206 of the Civil Code of the People's Republic of China.

The state adheres to and improves the basic socialist economic systems, such as the common development of the economy under various forms of ownership, distribution according to work as the mainstay, the coexistence of various modes of distribution, and the socialist market economic system.

The state consolidates and develops the public sector of the economy and encourages, supports, and guides the development of the non-public sector of the economy.

The State implements a socialist market economy and guarantees the equal legal status and development rights of all market entities.

Article 207.

Article 208.

The establishment, alteration, transfer and extinction of real estate rights shall be registered in accordance with the provisions of law. The creation and transfer of movable property rights shall be delivered in accordance with the provisions of law.

What is the Rural Homestead Application Process.

1. Apply to the village committee where you are located;

2, reported to the county-level people's ** land administrative departments;

3. Submit proof of identity, proof of reason for registration and other materials;

4. On-site survey;

5. If the materials are reviewed and the provisions are met, the homestead use certificate will be issued.

How to apply for villagers to build houses.

The new policy for rural housing construction is as follows: farmers need to apply to the local government for acceptance after the completion of the house, and after passing the acceptance, they need to participate in the registration of the integrated confirmation of real estate rights, and then receive the real estate property certificate.

The application for self-built houses on homesteads will not be approved under the following eight circumstances:

1. It does not conform to the principle of one household and one house;

2. Rural households apply for new residential buildings in other places, but are unwilling to return the original homestead land to the collective;

3. Those who are not members of the collective economic organization (except as otherwise provided by laws and regulations);

4. The original homestead has been donated to others or changed to other production and business purposes;

5. It does not conform to the general land space plan and the overall plan of the township;

6. Under the age of 18;

7. The area of the homestead exceeds the local homestead limit;

8. The per capita residential area has exceeded the corresponding standards stipulated by the local government before the division of households.

Homestead land is the collective construction land used by rural villagers to build houses and their ancillary facilities, including housing, ancillary houses and courtyards, etc., which belong to (collective) construction land in terms of land management.

The homestead tenure has the following characteristics:

1. The subject of the right to use the homestead is specific and in principle limited to rural residents. The law defines the subject of the homestead use right as the "homestead use right holder". Under the current rules, the homestead user is a member of a rural collective economic organization that meets the conditions for applying for a homestead.

From the point of view of the social security function carried by the homestead and the gratuitous nature of the initial acquisition of the homestead, this provision is appropriate;

2. The object of the homestead use right is specific, which is limited to the collective ownership of land, and the law defines the object of the homestead use right as "collectively owned land", which excludes the possibility of setting the homestead use right on state-owned land;

3. The content of the homestead use right is specific and is limited to the construction and retention of individual residences and their ancillary facilities in accordance with the law. The law defines the content of homestead use rights as "occupation and use", "collectively owned land", and "use of the land to build dwellings and their ancillary facilities", including houses built by rural villagers and other buildings and facilities related to residential life, such as houses, garages, toilets, biogas digesters, cattle sheds, pigsties, etc.;

4. The initial acquisition of the right to use the homestead is free of charge. The right to use homestead land is a right with the nature of social welfare, which is obtained and used by members of collective economic organizations free of charge;

5. There is no time limit on the right to use the homestead.

Laws and Regulations

Civil Code of the People's Republic of China

Article 362: Holders of homestead land use rights enjoy the right to occupy and use collectively owned land in accordance with law, and have the right to use the land to build residential buildings and ancillary facilities in accordance with law. 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.

The new regulations for rural housing construction in 2022 are as follows:

1. A rural villager household can only own one homestead, and the area shall not exceed the standard prescribed by the province, autonomous region or municipality directly under the Central Government. Self-built houses shall not exceed three floors, and the total building area of each household shall not exceed 360 square meters;

2. Rural townhouses shall not exceed four floors, and the total building area of each household shall not exceed 450 square meters;

3. 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.

Land Management Law of the People's Republic of China

Article 62: Rural villagers may only own one homestead per household, and the area of their homestead must not exceed the standards set by provinces, autonomous regions, or 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.

According to the law, a rural villager household can only own one homestead, and the area of the homestead must not exceed the standard set by the province, autonomous region, or municipality directly under the Central Government. In areas where per capita land is less and cannot guarantee that a household has a residential base, the people at the county level can take measures to ensure that villagers have a place to live. The residential land of rural villagers shall be reviewed and approved by the township **.

If the relocation of the residential land is approved, the original homestead shall be returned to the village collective in strict accordance with the "construction of the new and demolition of the old".

Land Management Law of the People's Republic of China

Article 62: Rural villagers may only own one homestead per household, and the area of their homestead base must not exceed the standards set by provinces, autonomous regions, or municipalities 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 for 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.

How to apply for the villagers to build a mausoleum.

[Legal Analysis]: 1. A rural villager can only own one homestead, and the standard of homestead area (including ancillary houses and courtyard land) shall not exceed 125 square meters for the use of cultivated land and 140 square meters for other land.

2. The land area limit of homestead land is: within 75 m2 for farmers with three or fewer people, within 100 m2 for farmers with four people, within 110 m2 for farmers with five people and within 125 m2 for farmers with more than six people.

3. If non-cultivated land is used, a maximum of 15m2 can be added to each grade, and if the area is conditionally used to use barren slopes and barren mountains to build houses, the maximum amount of each grade can be increased by 35m2.

4. If the area of the old village renovation and the demolition of the downhill migrants exceeds the land use limit by more than 20 m2, the land use limit of one grade can be relaxed. There is no clear provision in China's laws to build houses in rural areas, and the specific ones are determined by the local government, but the roads left to build houses should be conducive to the production and life needs of neighboring right holders and other villagers, and provide necessary convenience for their passage.

Legal basis]: "Measures for the Administration of Rural Homesteads" Article 9 A rural villager can only have one homestead, and the homestead area standard (including ancillary houses and courtyard land) shall not exceed 125 square meters for the use of cultivated land and 140 square meters for other land. The land area limit for homesteads is:

Within 75 m2 for households with three or fewer persons, within 100 m2 for households with four people, within 110 m2 for households with five persons, and within 125 m2 for households with six or more persons. If non-cultivated land is used, a maximum of 15m2 can be added to each grade, and if there is a condition to use barren slopes and barren mountains to build houses, a maximum of 35m2 can be added to each grade. If the area of the old village reconstruction and the demolition of the resettlement exceeds the land use limit by more than 20 m2, the land use limit can be relaxed by one grade.

New policy for building a house.

1. Farmers whose homesteads are transferred to others; Since the state introduced the rural homestead transfer policy, many farmers have given 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 exceeds the prescribed standards, 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 problems related to multiple houses in rural areas, and the excess homestead will be dealt with by means of paid trial, paid withdrawal, and recultivation subsidies, and farmers with excess homesteads will not be able to apply for homestead to build houses.

4. There is no local homestead to apply for, and now the state has strict control over rural homesteads, 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.

Rural residents must meet the following conditions when applying for homesteads: 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.

The principles that peasants should follow 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.

The approval procedures for peasants' applications for homestead land construction are new.

1. To build a house, rural villagers 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 ("one book and two certificates").

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.