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We all know that the construction of houses in rural areas now requires the approval procedures for the application of homesteads, and at the same time, the houses must be built in accordance with the scope and area specified in the approval procedures. However, some villagers did not follow the process to build houses for some reasons, so the houses built in this way will also face the consequences of being demolished in the inventory work.
In the past, building houses in rural areas was much simpler than now, and the application for homesteads was not as complicated and cumbersome as restrictions, and it all depended on the wishes of the villagers themselves, and at most they could say hello to the cadres in the villages, but now it is not possible, the approval process for homesteads is becoming more and more formal, and there are more and more procedures required for building houses, and the management of housing construction problems for residents in rural areas has been strengthened.
The materials to be submitted to apply for building a house are the "Application Form for Villagers' Residential Construction and Land Use". Photocopy of household register and identity card of adult family member. If the proposed house is adjacent to the adjacent building or involves the rights and interests of others, the consent of the claimant shall be obtained and there shall be a written agreement.
The above is the general process of applying for housing construction in rural areas and the materials required. Note: The above is only a general process and materials, and you need to refine it in combination with local regulations.
At the same time, it is also necessary to steadily promote the implementation of the "one household, one house" system, orderly promote the examination and approval of rural homesteads, the registration and issuance of certificates for the confirmation of rural homestead ownership of "housing and land integration", and publicize and guide villagers to build in accordance with the law. Strengthen source control, and implement the principle that all houses built by farmers must be approved, and no construction will be approved if they are not approved.
The approval and management of rural homestead land for building houses is related to the residential rights and interests of villagers and has a direct impact on rural social stability. The implementation of one-stop service and the strengthening of departmental linkage are of great significance to further rational use of land resources, safeguard the legitimate rights and interests of villagers, and promote the efficient development of housing construction for villagers in the whole region.
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All the conditions are available, and it will be approved soon, it is estimated that it will take a month, and if it is fast, it will take half a month.
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1. How long does it take to approve rural homesteads?
The approval time for rural homesteads in China is generally 20 days. As long as the friends who apply for the homestead prepare the relevant information in advance and apply in accordance with the legal procedures, they can generally apply successfully within 20 days, but they must go through the legal procedures.
2. Information to be provided for homestead approval.
1. The application of the builder for the use of homestead or land for production and operation;
2. "Report on the Examination and Approval of Individual Housing Land" or "Report on the Examination and Approval of Rural Villagers' Housing Land";
3. The village or group has fulfilled the proof materials published by the list;
4. If it is within the scope of the town planning area, the review opinion or land use planning permit of the urban construction planning department shall be provided;
5. If it is illegal land use to go through the formalities, the materials for the closure of the illegal land use and the implementation of the case must be attached.
6. Those who occupy cultivated land must provide proof of payment of cultivated land occupation tax.
3. Rural homestead application process.
1. Submit a written application for land use to the villagers' committee; The reason for the application must be truthful.
2. If the villagers' committee submits the land application to the villagers' committee meeting or the villagers' representative meeting for discussion and approval, the villagers' committee shall sign the opinion and report it to the town for review.
3. The town will complete the review and on-site survey of the reported materials within 10 working days, fill in the audit opinions according to the facts, and report the relevant materials to the mayor's office for approval.
4. The District Planning and Land Management Bureau shall complete the review of the application materials within 5 working days; Permits for building land will be issued to those who meet the requirements. If the application conditions are met, an application may be submitted to the village committee, and the village committee shall submit a written application to the department at the next higher level in accordance with the conditions and procedures and the actual situation of the village. 2. Examination and approval department.
Legal basis: In accordance with the provisions of Article 62 of the Land Management Law of the People's Republic of China, 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. In accordance with Article 8 of the "Beijing Municipal People's Provisions on Strengthening the Management of Rural Villagers' Housing Land", if a villager builds a house and occupies the original homestead, vacant land or other non-cultivated land in the village, it shall be reviewed by the people of the township (town) and approved by the people of the district or county.
If it involves the occupation of municipal agricultural land, it shall be approved by the city or *** for the conversion of agricultural land in accordance with national laws.
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First of all, to declare rural self-built houses, to meet these conditions, the applicant must be over 18 years old, to build a house to meet the land use planning, to follow the "one household, one house, after meeting the conditions, you can apply to build a house." To build a house in rural areas, you need to apply for a real estate certificate.
To go through the corresponding formalities to declare, the steps are as follows:
1. The house builder clearly submits an application for building a house to the village committee;
2. The village committee shall review and approve, sign and seal, and submit the application to the Township Construction Office;
3. The staff of the Township Construction Office can apply for housing infrastructure construction if they are allowed to build a house on site;
4. At the end of the filling in the township construction office, the township responsible leader signs and seals, verifies and permits, and submits it to the county overall planning and construction bureau for review (county administrative service center.
5. After the audit is completed, the house builder applies for the property right certificate.
The examination and approval procedures for rural housing construction take about 30 working days. Under normal circumstances, it is only necessary to build a house to meet the overall planning and the materials are prepared in advance (building application.
Building a house application**, building a house verification form, ID card.
and household registration book, guarantee letter is mainly to guarantee one household and one house).
After submitting the declaration, in the absence of specific factors, the relevant departments will handle the land and overall planning review procedures for you as soon as possible, and immediately arrange on-site measurement and approval of rural homesteads.
If the conditions for declaring a rural homestead are fully met, the rural homestead will be allowed to build a house, and it usually takes about 30 working days to complete the whole process.
The area of rural houses is standardized, and there are certain differences in the area required in different places, such as Hebei's requirements: in plain areas or mountainous areas where the average cultivated land per person is less than per mu, the area of houses built cannot exceed 200 square meters; The area of houses built on an average of more than one mu of cultivated land per person shall not exceed 233 square meters; On the dam.
Each part of the area must not exceed 467 square meters.
1. Beijing requirements: in suburban and suburban villages, the maximum of each rural homestead cannot exceed one mu; The rest of the places cannot exceed acres; Where the rural homestead land divided several decades ago exceeds the later standard norms, each household shall not exceed the mu norm.
2. Shanxi requirements: in plain areas within the average cultivated land per person, each rural homestead shall not exceed 133 square meters; Pingcheon with an average of more than acres of cultivated land per person.
Each household in the place shall not exceed 200 square meters; The maximum size of a house built in a mountainous area is 266 square meters.
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Rural construction permits are required, and it takes two weeks for the approval to be approved, and farmers need to apply to the local collective economic organization.
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It is necessary to go through the approval of the formalities for building a house, which generally takes a month, which is relatively long, after all, there are many people who will do it.
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You need to make an application first, and then write a specification. After that, it will be handed over to the township construction**. Wait for them to review it again. It's about a month.
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To build your own house, with the consent of the competent department, why do you have to sign it from all over the neighbors? Can't a house be built without the neighbors signing? It's so unreasonable......
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The post-80s farmers don't even have land, and there is no planned homestead for the post-80s farmers, where can the post-80s farmers go to review the homestead?
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Is it reasonable to restrict rights, which was originally a two-story building, and to restrict you from building two floors if you rebuild it?
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Legal Analysis: The procedures required for building a house in rural areas are:
1. The house builder submits an application to the village committee for building a house;
2. The village committee reviews and approves, signs and seals;
3. Apply to the Township Construction Office;
4. The staff of the Township Construction Office visited the site and agreed to build the house;
5. Go to the Township Construction Office to get the application form for housing construction;
6. Signed and agreed by the Township Construction Office;
7. The township leader in charge signs and seals to verify and agree;
8. Submit to the County Planning and Construction Bureau for approval (County Administrative Service Center);
9. The builder receives the property right certificate.
Legal basis: Article 262 of the Civil Code of the People's Republic of China Ownership of collectively owned land, forests, mountains, grasslands, wastelands, tidal flats, etc., shall be exercised in accordance with the following provisions:
1) Where it is owned by a village peasant collective, the village collective economic organization or villagers' committee shall exercise ownership on behalf of the collective in accordance with law;
2) Where they are owned by two or more peasant collectives in the village, the ownership rights shall be exercised by each collective economic organization or villager group in the village on behalf of the collective in accordance with law;
3) Where it is owned by a township peasant collective, the township collective economic organization shall exercise ownership on behalf of the collective.
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30 working days, 30 working days for the approval procedures for rural housing construction. Under normal circumstances, as long as the site selection of the house conforms to the planning and the materials are prepared (the application for building a house, the application form for building a house, the approval form for building a house, the ID card and household registration booklet, and the letter of commitment are mainly a commitment to one household and one house), after submitting the application, in the absence of special reasons, the relevant departments will be the first to go through the land use and planning approval procedures for Fu Nai for you, and organize the on-site measurement and approval of the homestead in a timely manner, so that the application for the house is fully qualified.
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Legal analysis: The time limit for approval of rural homesteads is 20 days. 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, if it involves the occupation of agricultural land, the examination and approval procedures shall be handled in accordance with the provisions of Article 44 of the Land Management Law. Rural villagers who sell or rent their houses and then apply for homestead land are not to be approved.
Legal basis: Article 62 of the Land Management Law of the People's Republic of China stipulates that a rural villager household can only own one homestead, and the area of the homestead shall not exceed the standards set by provinces, autonomous regions and municipalities directly under the Central Government.
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The approval procedures for rural housing construction take 30 working days. How rural residents apply for homestead land and house building procedures.
1. Conditions for Rural Residents to Apply for HomesteadRural residents must meet the following conditions when applying for homestead: 1. Rural residents must be at least 18 years old and meet the conditions for separation; 2. Rural residents must repent, build houses, and conform to the land use plan, the annual land use plan, and the village and town construction plan.
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Legal analysis: the residential land of rural villagers shall be reviewed and approved by the township **; Among them, if it involves the occupation of agricultural land, it shall go through the approval procedures for the conversion of agricultural land in accordance with the provisions of Article 44 of the Land Management Law of the People's Republic of China. Townships and towns should earnestly fulfill their territorial responsibilities, optimize the approval process, improve the efficiency of examination and approval, strengthen supervision during and after the event, organize and do a good job in the examination and approval of rural homesteads and building planning permits, and provide convenient and efficient services for farmers.
Legal basis: Notice of the Ministry of Agriculture and Rural Affairs and the Ministry of Natural Resources on Regulating the Examination and Approval and Management of Rural Homesteads Article 2 regulates the approval of rural homesteads and the management of building planning permits in accordance with the law: the residential land of rural villagers shall be reviewed and approved by the township **; Among them, if it involves the occupation of agricultural land, the approval procedures for the conversion of agricultural land shall be handled in accordance with the provisions of Article 44 of the Land Management Law.
Townships and towns should earnestly fulfill their territorial responsibilities, optimize the approval process, improve the efficiency of examination and approval, strengthen supervision during and after the event, organize and do a good job in the examination and approval of rural homesteads and building planning permits, and provide convenient and efficient services for farmers.
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