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In recent years, with the acceleration of urbanization in China, more and more farmers have begun to move to cities to work and live, and even to buy real estate and move their family hukou to the cities to settle down. So, in this case, will the house in the old rural area be affected in any way?
First of all, there is definitely an impact. Because rural homesteads are collectively owned, and individuals only have the right to use homesteads. However, rural homesteads can only be applied for and enjoyed by members of the internal organization of village collectives, that is, rural families, and for farmers who have moved out, it means that they no longer have the right to use rural homesteads.
To put it simply, if you have a rural hukou, you can continue to enjoy the right to use only the homestead, while if you have moved out of the countryside, you have given up the right to apply for a new homestead in the future. Existing rural houses can continue to be used and inhabited, but they cannot be renovated and rebuilt.
Secondly, the right to use a rural house is shared by all family members. If only part of the members of a family leave the family and the other members remain in the village, then the right to use the homestead will not be revoked and there will be no major problems, since it is possible to apply for a new homestead in the name of the family that remained in the village, or to demolish and rebuild the house on the original homestead. If all family members have moved out of the village, the house remains your private property, but you can only live in it, and if the house collapses, of course the village has the right to take it back.
Again, when moving out of your home, you need to think carefully. If you buy a house in the city and need to move your family hukou, you can move your hukou and leave your parents' hukou in the country. This will allow you to remodel, expand, or rebuild your rural home without much hassle.
However, if your parents die, you can still inherit the house in their name, but you cannot remodel, expand, or rebuild, nor can you apply for a new homestead in the countryside. You should be clear that moving your hukou out of the countryside is tantamount to giving up your right to apply for a rural base. So, in general, when you move out of a rural area, your home will be affected by both of these aspects.
The house will still belong to you, and you can continue to live in it or rent it to someone else, but the right to use the homestead and the right to apply for a new homestead will no longer exist.
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Generally speaking, if the hukou has been transferred, it is not possible to build a house on the original homestead. Rural homesteads are collectively owned. It is allocated by the village collective to the peasant households in the village for the construction of houses free of charge in accordance with the provisions of "one household, one foundation".
If the head of the household dies and there are no other family members in the household register, the homestead shall be repossessed by the collective, or the property on the homestead shall be recovered after it is lost. If you or your family has moved out, you are not a villager in the village, and the collective should take back your homestead, but the property on the homestead is privately owned, so it is difficult to take it back. You can continue to use the property, you can renovate it, and you should not have the right to build a house.
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After your family and descendants have all changed to urban hukou, you can build a new house on your own dry land, because you are still a member of a collective economic organization, and you enjoy the right to contract and manage land, the right to use homesteads, and the right to distribute collective income.
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No, because you are no longer a rural hukou, this land no longer belongs to you, and you cannot build a house on dry land.
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There are many cases in real life where the whole family has moved out of the countryside but still has their own housing in the countryside, and there have been such problems involving rural homesteads before. Although your family's hukou has moved out of the village and is no longer a member of the village collective economic organization, the house you can eat is private property, and the ownership is still yours. According to the principle of following the house, the right to use the homestead under the house still belongs to you.
Although the right to use the homestead under the house is still your own. However, this does not mean that you have the permanent right to use the homestead, and from the moment you move out of the countryside with your family's hukou, you are no longer a member of the village collective economic organization, and you cannot have the right to use the rural homestead for a long time. This is because rural homestead land is provided free of charge to members of village collective economic organizations for construction of construction land, and the law of one house per household is resolutely implemented.
The ownership of the homestead belongs to the village collective, and the right to use belongs to the villagers who have obtained the homestead after performing the examination and approval procedures in accordance with the law.
After the hukou is moved out of the rural areas, the right to use the homestead land under the rural house is not indefinite.
As we all know, as long as the rural villagers, after applying for the homestead, the right to use the homestead is indefinite, when the house is old, you can apply to the relevant departments at the higher level for renovation, and after the approval can be rebuilt on the original site, the rural situation is called "pulling down and helping up". Therefore, the right to use this homestead is indefinite, and sometimes it can be used by several generations, of course, it must comply with the principle of one house per household.
However, there is a time limit for those who move out of the village to have the right to use the homestead under the house, but this period does not stipulate the specific number of years, but "when the house becomes uninhabitable or collapses naturally, the right to use the homestead under the house will be recovered by the village collective in accordance with the law". Some people will say that the house can be renovated, so that the right to use the homestead can be "permanent". It's safe to say no!
Because after the hukou is moved out of the rural areas, it is no longer a member of the village collective economic organization, so the house can only be repaired, not renovated.
Therefore, after the hukou moves out of the countryside, the homestead is in good condition, the right to use it still belongs to the owner of the house, if you want to use the right to last longer, you must strengthen the maintenance and repair of the house, as long as the house exists for a day, then the homestead under the house belongs to you, this is undoubted.
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The homestead does not belong to you, and the homestead is only for the local household registration, so you had better transfer the house to someone else as soon as possible.
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The house still belongs to you, but the homestead does not belong to you, and once the rural people move out of the hukou, they do not belong to the rural collective.
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It's your own, because it's still your name written on this land. As long as you don't resell to someone else, there's no problem.
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Many people who were born in the countryside live and work hard in the city due to work when they are young, but they are still reluctant to give up on the rural areas where they grew up, thinking that when they are old in the future, they will build a house of their own in the countryside, plant some flowers and plants, vegetables and fruits in the yard, and play chess, talk about life, and drink wine in their spare time. However, for the "rural people" whose household registration is no longer in the countryside, can they return to their hometowns to build houses in the future?
The law says: No. China's current law clearly stipulates that "people with urban household registration are not allowed to apply to build a house on a homestead, and it is illegal to build a house in a rural area".
Because rural homesteads have welfare attributes, their land ownership belongs to the village collective, and only the agricultural population belonging to the village collective can enjoy the right to use the land without compensation.
How can we achieve the purpose of building a house? Build a house in the countryside in the name of a parent or brother. If the homestead in the rural hometown is confirmed in the name of the parents, this is the best outcome, and the parents and the brother's household registration can be separated, and the homestead application in the name of the brother is easy to get approval.
If the homestead in the rural hometown is confirmed to be in the name of the brother, then the homestead can only be applied for in the name of the parents after the parents and the brother's household registration are separated, and whether this situation can be approved is not certain. Moreover, if you do this, you will also face the problem of ownership of the homestead in the future, which is very troublesome.
Summary: Riding the wind of rural revitalization and land reform. In order to revitalize rural resources, make good use of idle homesteads, and increase the income of the public, land reform is currently being carried out, and at the same time, the "No. 1 document" of this year's implementation of the rural revitalization strategy also proposes to "explore the separation of homestead ownership, qualification rights, and use rights", and moderately invigorate homesteads and farmers' housing use rights. Therefore, it can be rented out to make good use of idle rural homesteads while satisfying urban people who have rural plots and were born in rural areas to provide for the elderly.
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No, there is no way to go through the relevant procedures, and if you want to build a house, you need to apply and go through the procedures in advance.
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In this case, no, generally only if you have a rural hukou can you own a homestead, and you can apply to build a house on the homestead.
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This is decided according to the specific situation, and you can't inherit your parents' homestead, you can't apply for a homestead, so if you don't have land to build a house to use inheritance, your parents' house is not allowed.
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Homesteads are neither the state nor the individual. The ownership of the homestead land belongs to the peasant collective, and the villagers can only enjoy the right to contract management or use it in accordance with the law, and the above-ground real estate is owned by individuals. According to the provisions, if the rural collective economic organization does not report that the original approved land use is approved by the people** to take back the homestead, the villagers can continue to use and manage the homestead.
While strictly enforcing the "single-family and single-family households" regulations, we should encourage the full use of idle homesteads and idle houses. The term of the lease contract shall not exceed 20 years for urban residents and industrial and commercial capital to live or operate in leased farmhouses.
It is forbidden to force the transfer of homestead land against the will of the peasants in any name, it is not allowed to force the peasants to "go upstairs," and it is strictly forbidden for urban residents to go to the countryside to buy homestead land. The construction of rural homesteads has requirements for the height of the house. The Technical Policy for Rural Housing Construction stipulates that the height of the dwelling must be between meters, the height of the lower floor must not exceed meters, and the height of each room must not exceed meters.
Otherwise, it is a violation, and the actual construction situation depends on the local ** building plan. The "Land Management Law" is a special law for the current adjustment of the management of the land code.
Article 9 establishes various types of land ownership, including homestead ownership, and "urban land shall be owned by the State. Land in rural areas and suburbs of cities shall be owned by peasant collectives, except as provided by law, and the homesteads, self-reserved land, and self-cultivated hills owned by peasant collectives shall be owned by peasant collectives. Therefore, the villagers only have the right to use the homestead and have no ownership.
The construction area of rural homesteads with new housing area exceeding the standard must meet the local approved area, and the construction of houses will be restricted if the area exceeds the standard.
Rural homesteads that are not members of the village collective must be members of the local village collective, and if they are outsiders or household registration, they are not eligible to build houses in the city. In reality, rural homesteads seem to be owned by villagers. However, the law stipulates that homestead land shall be given to members who meet the requirements within the collective economic organization and shall enjoy the use of rural land for the construction of their own residential houses in accordance with the standards prescribed by laws and regulations.
Moreover, generally according to the principle of one household and one land, as long as the children are married, or the collective organization of the settled village, it is really necessary to apply for homestead to build a house.
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All the defeated families have moved out of the countryside, but there are still houses in the countryside, and the homestead belongs to you, because this is your own house, and you have the right to live.
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The homestead still belongs to you, and if there are some changes to this, you will be notified, and you need to confirm it.
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Belongs, your house has been built, the right to use this place still belongs to you, and these houses also belong to you.
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If you sign it, it's not yours, the village can take it back, but it's still yours until it's redistributed. The house and homestead have always been yours, provided that the house is well protected, and if the house is not well maintained, it will be gone, because it is not easy to renovate the house in the countryside at present.
The state protects the land rights and interests of farmers, and requires that the withdrawal of homestead land and contracted land shall not be used as a condition for farmers to settle in the city, that is to say, no matter how farmers go to the city, the house is the legal property of the individual, even if they settle in the city, the house still belongs to you personally, and it can also be inherited. However, the law stipulates that urban households cannot own rural homesteads. And the house cannot be renovated or rebuilt, only when the house collapses naturally.
After the collapse, the homestead will be repossessed by the village collective, and it will no longer be able to continue to enjoy the rights and interests of the village.
You can sell your house to the peasants in the village collective, and only they can have the right to use the homestead, and the land is the greatest benefit that the state gives to the peasants!
The house is still yours, and if it collapses, it won't be yours. The land is not yours. The benefits of the village have nothing to do with you anymore.
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It depends on the situation,1,First of all, you can't inherit your parents' homestead and you can't apply for a homestead, so you don't have land to build a house. If you want to use the house of the inherited parents, it is not allowed. Because you have just inherited the house but you cannot enjoy the right to the homestead, the inherited house can only be lived in, not rebuilt and repaired.
You can't tear down an old house and build a new one. Once you demolish the house, you will lose your property in the countryside. The village collective can take back your homestead according to the regulations, and you can no longer build a house. It can be said that demolishing the old house will only accelerate the time of losing the house.
2. At least one of the parents or close relatives still lives in a rural area. This way; In this way, if there is an old house and a housing base in the hometown, and the house was renovated and built when the parents were here, the villagers will not talk about it. On the contrary, due to the special environment of the countryside, he may also win the praise of the village name.
He feels that the child will not forget his roots, earn money outside, and know how to honor his parents. He spent money to build a new house so that his parents could live comfortably. The advantage of this decoration is that once the parents leave, they cannot inherit the land of their parents without a rural hukou, but they have the right to inherit the house.
As long as the house does not fall, it will always be yours, and you can go back to the countryside to live at any time. In the countryside, this is the rule. As long as your old house is still around, you won't move out.
But if the old house collapses, it's none of your business.
Summary; If their parents leave and the family moves to the city, they inherit their parents' old house in the countryside. If you have a better relationship with the village, the village cadres will acquiesce to you building a house without permission, but you generally will not return to your hometown for a long time, and there will be no relatives to help you. That's impossible.
The village cadres can't stop you from building a house.
So when you move your hukou to the city, you still need to think about a way out. Do you want to go back to the countryside in the future? If you want, you can build a house in advance and live in it when you are old.
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