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It is not easy, there are many applications to build a house in the countryside, first of all, you must meet the standard of one house per household, and then carry the supporting materials for the homestead application, and only after the application is passed can you buy land and build a house.
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Now, if you want to build a house in the countryside, you must apply for it according to your own building plan and report to the Ministry of Housing and Urban-Rural Development. After approval, the house can be built.
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Approval of the homestead is required. The applicant's ID card and household registration book are required. Homestead use certificate of the previous house. Housing application. If you have these, you can build your own house.
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1. Conditions for rural residents to apply for housing construction.
1) There is no house to live in and a house needs to be built;
2) The house collapses due to geological disasters or there are potential safety hazards, and it needs to be relocated;
3) Families with many children, children need to live separately after they grow up and get married;
4) Holding a certificate from a township (town), village, or community, the house where the applicant is living is indeed a dilapidated house and needs to be renovated or expanded;
5) National, provincial, municipal, and county geological disaster avoidance and relocation and relocation of migrants need to use collective land;
6) The national public welfare construction needs to relocate the farmer's house.
2. Land conditions for rural townships and village-run enterprises.
Rural collective economic organizations use the construction land determined in the overall land use plan of the township (town) to set up enterprises, or jointly establish enterprises with other units and individuals in the form of joint ventures with land use rights.
3. Land conditions for rural public welfare construction and public construction.
Rural collective land can be used for the construction of rural public welfare facilities and public construction sites.
Application materials for different building land in rural areas].
1. Materials to be declared for rural villagers to build houses: (1) land use application; (2) Declaration form for land used for building houses by rural residents;
2. Materials to be declared for the land occupied by township (town) and village enterprises: (1) land use application; (2) land use compensation agreement; (3) Vouchers and certificates of payment of land compensation; (4) Survey drawing; (5) Provide agricultural land approval documents for agricultural land; (6) Geological hazard risk assessment report and review opinions.
3. Materials to be declared for the land occupied by townships (towns) and villages, public welfare construction, and public facilities: (1) land use application; (2) land compensation agreements; (3) Vouchers or certificates for the payment of land compensation costs; (4) Opinions issued by villages, communities and townships; (5) Survey and demarcation map; (6) Review opinions on the overall land use plan.
10. The builder shall apply to the land registration department for registration of real estate rights with the acceptance certificate.
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First of all, write an application, obtain the consent of all families in the village, and then submit the consent form to the land management office for approval, and after review, you can apply to build a house. Well.
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To build a house, you need to have the applicant's identity certificate, a copy of the ID card, and a certificate of use of the homestead.
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No. The land-use attribute of cultivated land is production land, not residential land, so it cannot be used to build houses. Building a house on cultivated land is a violation of the Land Management Law. If you do not heed the advice and forcibly build a house on the farmland, you will be forced to demolish and fine.
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If you want to build a house on farmland in rural areas, you need to go through the audit and verification of the Land Bureau, and only after approval can you get a homestead permit, and only when you get a homestead permit can you build a house.
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Farmland in rural areas is not allowed to be used to build houses, which violates China's land management law, and if you need to build a house in the countryside, you should apply for a homestead and a certificate of land use rights, as well as a certificate of urban construction permit.
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Arable land is arable land, not a homestead, and cannot be used to build a house. If you don't have a place to live, you can build a house on a homestead, but I've heard that many places don't have homesteads anymore.
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The Rural Construction Unit submits the application for construction to the village council and completes the application and review form. The person who has no opinion on the villagers' committee shall sign it, affix it with the official seal, and submit it to the township ** for preliminary examination. After the preliminary examination of the township ** issued an announcement, if there is no objection during the publicity period, it will be submitted to the current ** organ for review and approval.
The approval of the issuance of construction permits, before the construction of the house to the township **, the inspection can start to start the construction of the house.
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Something you can't dream of!
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With the gradual strengthening of the country's management of rural land, as well as the introduction of a series of normative policies, the current rural areas are different from before, building houses is not as simple as before, now in rural housing needs to build houses on the premise of meeting the conditions for building houses, submit applications to the relevant departments to build houses, and only after a series of approvals can build houses, then what conditions do rural self-built houses need to meet before they can build houses?
What are the conditions that need to be met to build a house in rural areas?
1. Rural residents must be at least 18 years old and meet the requirements for separation.
2. 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.
3. The quota for rural residents to build houses is 180 square meters for the use of original homesteads and vacant land in the village, and 140 square meters for the use of agricultural land.
4. Rural residents must build houses with "one household and one foundation".
5. Rural villagers who rent out and sell their original homestead land and then apply for homestead land will not be approved.
6. It is strictly forbidden for non-farmers and other personnel to purchase homestead land in the village.
What are the principles that farmers should follow when building houses?
1. Rural residents shall use the original homestead land and vacant land in the village for building houses.
2. Those who can use inferior land shall not occupy good land, and those who can occupy wasteland shall not occupy cultivated land.
3. Those who use state-owned land must go through the transfer procedures.
What is the approval process for farmers to apply for homestead land to build houses?
1. Rural villagers should first apply to the collective economic organization to build a house.
2. The village collective economic organization shall publicize the list of households applying for housing construction in a conspicuous place for more than 15 working days.
3. The Land and Resources Management Office and the Town Social Affairs Office will conduct a preliminary examination on whether the applicant meets the conditions and whether the proposed land conforms to 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 the county people shall be submitted for examination and approval.
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 "one book and two certificates", including site selection opinions, planning permits and construction permits.
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.
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First, first of all, the villagers. Hukou is in the local area.
Second, land is not farmland, not collective land.
Third, the Land Resources Bureau should apply for construction.
It's okay if you don't report it, you are familiar with the village committee. When it was built, the village committee did not oppose it and did not react upward. Wait until it is built, live on it, and slowly discover it on top. At most, you will be fined, and you will try not to give it or give it less. After the house is built, ** will not be demolished.
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In fact, in many places, no longer approve homesteads under any conditions. After the confirmation of rural land rights, many localities no longer approve homestead land.
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A family of two daughters, plus several rooms are leaking.
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The state policy does not allow people in the city to buy homesteads and build houses in rural areas, let alone build villas or private clubs on top of homesteads.
China currently has more than 900 million rural population, most of the peasants are not very wealthy, once the homestead trade is liberalized, many people may sell the homestead for immediate profits, but the housing prices in the city are still high, which will cause a large number of people to settle in the form of rent, which will be a very unstable factor.
Therefore, the state will not easily open this opening, so in the homestead reform, the circulation of the homestead is also subject to a lot of restrictions, but the state also has the intention of expanding the scope of circulation, but all this is still in the pilot exploration, and it is necessary to formulate relevant legal safeguards after maturity before it is possible to expand to rural areas across the country.
In accordance with Article 10 of the Constitution:
The land of the city belongs to the state. Land in rural areas and on the outskirts of cities is collectively owned, except as provided for by law and belonging to the State; Homesteads, self-cultivated land, and self-cultivated mountains are also collectively owned.
The State may, in accordance with the provisions of law, expropriate or expropriate land and provide compensation for the needs of the public interest. No organization or individual may occupy, buy, sell, or otherwise illegally transfer land. The right to use land may be transferred in accordance with the provisions of the law.
All organizations and individuals using land must make rational use of land.
Article 63 of the Land Management Law stipulates that the right to use land owned by peasant collectives shall not be assigned, transferred or leased for non-agricultural construction. Moreover, the right to use the homestead has personal attributes and cannot be obtained by non-members of the collective economic organization.
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1. The right to use the homestead shall not be transferred separately, and the following transfers shall be deemed invalid:
1) Purchase by urban residents;
2) Guess the purchase of legal persons or other organizations;
3) the transferor has not been approved by the collective organization;
4) transfer to a person other than a member of the collective organization;
5) The transferee already has a house and does not meet the conditions for homestead allocation.
2. The transfer of the right to use the homestead must meet the following conditions at the same time:
1) The transferor owns more than two rural houses (including homesteads);
2) transfer of members within the same collective economic organization;
3) The transferee does not have housing and homestead, and meets the conditions for the allocation of homestead use rights;
4) The transfer is subject to the consent of the collective organization;
5) The right to use the homestead shall not be transferred separately, and the land shall be transferred together with the house; How to compensate for the demolition of rural homesteads.
1. The draft amendment to the Land Law clearly states that compensation should be made separately for rural villagers' houses. The draft stipulates that the specific measures for compensation and resettlement of land owned by peasant collectives shall be formulated by ***. In accordance with the specific measures formulated by the government, provinces, autonomous regions and municipalities directly under the Central Government may stipulate specific standards for compensation and resettlement.
2. The compensation for land acquisition has increased the compensation for homestead land and social security compensation. The draft amendment stipulates that compensation for land acquisition in Suishi includes land compensation, resettlement subsidies and social security expenses for land-expropriated farmers, compensation for farmers' houses, and compensation for other above-ground attachments and seedlings.
3. In terms of housing security. Land-expropriated farmers in urban planning areas will be provided with houses on state-owned land, and monetary compensation will be given at market prices if they cannot be provided; Outside the urban planning area, homestead land is arranged to rebuild the house and compensation is provided according to the cost of the new house. How to compensate for the demolition of homesteads and houses in rural areas.
1. Homesteads and house demolition in rural areas are compensated separately. "Separate compensation" refers to the separation of land compensation and compensation for above-ground attachments. The property rights of rural homesteads are owned by the village collectives, and are allocated to the villagers by the village collectives, and the villagers build houses on the homesteads to live in.
In the event of homestead demolition, there are two types of compensation.
2. The subject matter of land compensation is land use rights, which are generally divided into two forms: one is monetary compensation, and the other is replacement compensation.
3. Article 47 of the current Land Management Law stipulates that if land is expropriated, compensation shall be given in accordance with the original use of the expropriated land. The compensation for the expropriation of cultivated land includes land compensation, resettlement subsidies, and compensation for above-ground attachments and seedlings. The land compensation fee for the expropriated cultivated land shall be six to ten times the average annual output value of the cultivated land in the three years preceding the expropriation.
4. The compensation price for house demolition shall be composed of the compensation price for the location of the homestead and the replacement price of the demolished house into a new price. The calculation formula is: house demolition compensation, homestead location compensation price, homestead area, and the demolished house is reset to a new price.
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Whether it is illegal to buy land and build houses in rural areas needs to be determined according to the specific circumstances. According to the provisions of China's land management law, rural collective land can only be used by the villagers of their own villages, and if they are not villagers of their own villages, the purchase of land to build houses is not protected by law.
Article 62 of the Land Management Law provides that a rural villager household may only own one homestead land, and the area of the homestead shall not exceed the standards set by the province, autonomous region, or municipality 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 hail-burning homestead 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, 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.
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According to the current state regulations, only residents with rural hukou can own a homestead on the collective land of their village and build a dwelling. If it is an urban hukou, or it is not a local rural hukou, it is estimated that it is difficult.
At present, there is no legal way for people with urban hukou to go to the countryside to buy (rent land) and build houses, because the land law stipulates that rural land is collectively owned and cannot be bought or sold between private individuals.
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