How to deal with the excess area of self built houses in rural areas

The first case: if the area exceeds the approval and the review is not passed, the review will not be passed. Therefore, it is good to modify the area of the homestead and review it again.

This mainly occurs in the planning and construction of homesteads. The second case: if the excess part is charged according to the standard and exceeds the local homestead area standard, the excess part needs to be charged.

This generally happens when the house has already been built. Rural residents must not exceed the standards set by provinces, autonomous regions, or municipalities directly under the Central Government for the use of land for residential construction, nor shall they occupy more than the approved area to build houses, and those who occupy land in excess of the approved amount and infringe upon collective land use rights shall be dealt with in accordance with the law as illegally occupying land. Where the homestead land occupied by rural villagers for building houses exceeds the area standard prescribed by the locality, the excess part may be registered according to the actual area used after being disposed of in accordance with the relevant national and local regulations at that time.

If the area exceeds the standard prescribed by the locality, the area exceeding the standard can be indicated in the land register and the secretary column of the land right certificate, and the area shall be re-registered in accordance with the relevant provisions when the house is built separately or the existing house is demolished, reconstructed, renovated, and rebuilt according to the law.

Extended information: when the self-built house in the rural area exceeds the prescribed approval area, it is necessary to determine according to its specific situation, if the procedures for self-built houses are formal, the homestead use right certificate and planning permit are complete, but also take the initiative to report to the examination and approval authorities the specific situation of exceeding the standard, and then pay a certain fee according to the excess area. If the builder deliberately conceals the area and is investigated and dealt with by the relevant departments, it will be regarded as an illegal building, and it will be required to be demolished within a time limit.

Legal basis: Article 62 of the Land Management Law of the People's Republic of China provides that a rural villager household can only own one homestead land, and the area of the homestead shall not exceed the standards set by provinces, autonomous regions and 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.

Mr. Zhong, a villager in a village in Suichang County, Zhejiang Province, approved the demolition and construction of a 115-square-meter brick and concrete structure house in 2012, and then demolished the original old house at the end of June 2020 and excavated the foundation for construction. On May 21, 2021, when the Law Enforcement Bureau conducted an on-site survey, the party had already built a residential building covering an area of square meters, which exceeded the approved area of square meters. Mr. Zhong's illegal occupation of land to build a residential building without approval has violated Article 62 of the Land Management Law of the People's Republic of China, and the Law Enforcement Bureau ordered Mr. Zhong to return the illegally occupied land and demolish the newly built house on the illegally occupied land within 45 days.

After receiving the Administrative Penalty Decision, Mr. Zhong fulfilled the obligation to demolish the house within the specified time. Lawyer's reminder: Peasants' building houses is a major event for rural families, and if peasants illegally occupy homesteads to build houses without approval or by deceptive means, exceed the approval standards, and the competent departments of agriculture and rural affairs shall order them to return the illegally occupied homestead and demolish the newly built houses on the illegally occupied homestead within a time limit.

If rural villagers build houses without approval, or build houses beyond the approved standards, they will not only have to return the illegally occupied homesteads, but also demolish the newly built houses on the illegally occupied homesteads, and face huge economic losses. Therefore, when a farmer builds a house, he should submit an application to the people of the township (town) where he is located to build a house, and then build a house after approval.

The treatment of the excess area of self-built houses in rural areas is as follows:

1.If the homestead land is offset by the policy, the homestead land is occupied, so the cultivated land is used to make up for it and maintain the balance of the total amount.

2.In addition, it is also possible to continue to use the homestead land in the form of payment compensation, and report to the higher authorities for approval under the condition of consultation with the village collective.

3.The principle of villagers' self-consultation shall be jointly agreed upon by the village collective, and the handling plan shall be decided, and then reported to the higher-level department.

The above is the way to deal with the excess area of rural self-built houses, I hope it will be helpful to you.

Rural homestead building area exceeding the standard is to be dealt with by illegal occupation of land, by the people's land administrative departments at or above the county level to order the return of illegally occupied land. Demolition and restoration of the land in violation of the overall land use plan within a time limit, and confiscation of buildings that conform to the overall land use plan may be imposed a fine of less than 30 yuan per square meter.

, let's have a triathlon and give a little red envelope to solve it immediately.

Wait a minute, dear.

Hello, according to the provisions of the relevant laws of our country, in places above the town, when the developer builds a house, it must be in accordance with the established legal norms, and in the case of a house exceeding the planned area, the relevant parties can submit a request for relief to the local judicial authorities, once verified, the employer needs to be punished in accordance with the established legal provisions.

If the area error exceeds 3 in absolute terms, the buyer has the right. If the buyer moves out, the developer shall refund the price paid by the buyer to the buyer within 30 days from the date on which the buyer proposes to move out, and at the same time pay the interest on the price paid. If the buyer does not move out, if the registered area of the property right is greater than the area agreed in the contract, the buyer shall make up the price of the part of the house price with an area error ratio of less than 3 (including 3); The price of the house in excess of 3 parts shall be borne by the development enterprise, and the property right shall belong to the buyer.

When the registered area of the property right is less than the area agreed in the contract, the part of the house price that is within the absolute value of the area error ratio is less than 3 (including 3) shall be returned to the buyer by the development enterprise; If the absolute value exceeds 3 parts, the developer shall return double the amount to the buyer.

Hello and happy to serve you, 1If the rural villagers build houses and occupy the Lufu homestead land that exceeds the local standard for the area of Qingsun, the excess part may be registered according to the actual area used after being disposed of in accordance with the relevant national and local regulations at that time. 2.

If the area exceeds the standard prescribed by the locality, the area exceeding the standard can be indicated in the land register and the secretary column of the land right certificate, and the area shall be re-registered in accordance with the relevant provisions when the house is built separately or the existing house is demolished, reconstructed, renovated, and rebuilt according to the law. 3.Legal basis:

Article 3 of the Notice on Further Accelerating the Registration and Issuance of Homestead Use Rights Article 3 All localities should strictly follow laws, regulations and policy provisions to effectively solve the policy problems existing in the registration and issuance of homestead use rights, and strictly control the registration and approval of homestead use rights. If you are satisfied, please give a thumbs up.